Spans in 'South Africa - Geneva Conventions Act' tagged with 'Grave breaches

'Grave breaches - IAC' in document 'South Africa - Geneva Conventions Act'

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More information about the document 'South Africa - Geneva Conventions Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2
BREACHES OF CONVENTIONS

Breach of Conventions and penalties

5. (1) Any person who, whether within or outside the Republic, commits a grave 35 breach of the Conventions, is guilty of an offence.

(2) For the purposes of subsection (1), "a grave breach" means—

(a) a grave breach referred to in Article 50 of the First Convention ;
(b) a grave breach referred to in Article 51 of the Second Convention ;
(c) a grave breach referred to in Article 130 of the Third Convention ;
(d) a grave breach referred to in Article 147 of the Fourth Convention ; or
(e) a grave breach referred to in Article 11 or 85 of Protocol I.

(3) Any person who within the Republic contravenes or fails to comply with a provision of the Conventions not covered by subsection (2), is guilty of an offence.

(4) Any citizen of the Republic who outside the Republic contravenes or fails to comply with a provision of the Conventions not covered by subsection (2), is guilty of an offence.

(5) A person convicted of an offence contemplated in subsection (1), (3) or (4) is liable to a fine or to imprisonment, including imprisonment for life, or to such imprisonment without the option of a fine or to both a fine and such imprisonment.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.