§ 2. Crimes
Section 5
2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:
(d) the following acts if committed intentionally and in violation of the Geneva Conventions and Additional Protocol (I):
(ii) unjustifiable delay in the repatriation of prisoners of war or civilians;

This provision is wider than the ICC Statute.

The International Crimes Act 2003 punishes delays in the repatriation of prisoners of war or civilians; conduct which is not criminalised under the Rome Statute, but is included as a breach of international law under Article 85(4)(b) of Additional Protocol I.