CHAPTER 1
OBJECTS OF ACT AND ENACTMENT OF CONVENTIONS INTO LAW

Applicable law

3. In addition to the Constitution and the law, any court in the Republic hearing any 20 matter arising from the application of this Act must also consider and, where, appropriate, may apply—

(a) conventional international law ;
(b) customary international law ; and
(c) comparable foreign law.

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 6
GENERAL PROVISIONS

Effect of Act on Implementation of the Rome Statute of the International Criminal Court Act, 2002

20. The provisions of this Act must not be construed as limiting, amending, repealing or otherwise altering any provision of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), or as exempting any 15 person from any duty or obligation imposed by that Act or prohibiting any person from complying with any provision of that Act.