§ 2. Crimes
Section 5
1. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Geneva Conventions, namely the following acts if committed against persons protected by the said Conventions:
(f) intentionally depriving a prisoner of war or other protected person of the right to a fair and regular trial;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.

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:
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial

This provision follows the ICC Statute.

In Section 5.1 the International Crimes Act 2003 refers to acts 'committed against persons protected by the said Conventions', namely the Geneva Conventions. Article 8(2)(a) of the Rome Statute is worded differently, referring to persons or property 'protected under the provisions of the relevant Geneva Convention'. The conduct listed in Articles 8(2)(a)(i)-(viii) cover all grave breaches of the Geneva Conventions, but not all the acts listed are grave breaches in each Geneva Convention. For example, unlawful confinement and taking of hostages are grave breaches only under the fourth Geneva Convention (Gerhard Werle, Principles of International Criminal Law, 2nd ed.,The Hague: T.M.C. Asser Press, 2009, p. 379). This means that unlawful confinement is a grave breach only if committed against civilians as defined in the fourth Geneva Convention, not if committed against the persons protected under the other three Geneva Conventions. The wording of the International Crimes Act 2003 allows for a broader interpretation insofar as it refers to persons protected 'by the said Conventions'. The plural indicates that all protected persons under the four Geneva Conventions are considered protected persons for all forms of conduct. Furthermore in Section 5(2)(a) the International Crimes Act 2003 states that conduct listed in the previous section (namely the grave breaches referred to in Aritcle 8(2)(a) of the Rome Statute) will be considered a grave breach if committed against a person protected under Additional Protocol I. Those persons which constitute 'protected persons' under Additional Protocol I are broader than those under the Geneva Conventions. For example, wounded and sick persons are in need of medical care are protected persons under Additional Protocol I, whether they are military or civilian. To be protected under the first Geneva Convention, the wounded and sick must belong to one of the specified categories, namely members of the armed forces, militias, etc. attached to the armed forces; members of other militias, volunteer corps, etc participating in hostilities; persons who accompany the armed forces without being members thereof; members of crews; inhabitants of a non-occupied territory participating in a levée en masse.