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.

CHAPTER 3
JURISDICTION AND STATUS

Jurisdiction

7. (1) Any court in the Republic may try a person for any offence under this Act in the same manner as if the offence had been committed in the area of jurisdiction of that court, notwithstanding that the act or omission to which the charge relates was committed outside the Republic.

(2) The Cabinet member responsible for the administration of justice must, in consultation with the Chief Justice of South Africa and after consultation with the National Director of Public Prosecutions, in writing designate an appropriate Court to try a person contemplated in subsection (1).

(3) Whenever this Act is enforced outside the Republic, any finding, sentence, penalty, fine or order made, pronounced or imposed in terms of its provisions is as valid and effectual, and must be carried into effect, as if it had been made, pronounced or imposed in the Republic.

(4) Nothing in this Act must be construed as precluding the prosecution of any person 5 accused of having committed a breach under customary international law before this Act took effect.