'Relationship between Rome Statute and existing or developing rules of international law' in document 'South Africa - Geneva Conventions Act'

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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 10
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.