§ 2. Crimes
Section 5
5. Anyone who, in the case of an international armed conflict, commits one of the following acts:
(b) intentionally launching an attack in the knowledge that such an attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine.

§ 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:

(c) the following acts, when they are committed intentionally and in violation of the relevant provisions of Additional Protocol (I) and cause death or serious injury to body or health:
(i) making the civilian population or individual citizens the object of attack;
(ii) launching an indiscriminate attack affecting the civilian population or civilian objects, in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects;
(iii) launching an attack against works or installations containing dangerous forces, in the knowledge that such an attack will cause excessive loss of life, injury to civilians or damage to civilian objects;

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

This provision is both wider and narrower than the ICC Statute.

The International Crimes Act 2003 has two provisions dealing with incidental loss of life and injury to civilians; Sections 5(2)(c) and 5(5)(b). Section 5(5)(b) adopts the same wording as the Rome Statute. Section 5(2)(c) refers to acts which are 'committed intentionally and in violation of the relevant provisions of Additional Protocol I'. Section 5(2)(c) also requires that the attacks affecting the civilian population or civilian objects are 'indiscriminate'. Additional Protocol I gives a specific meaning to indiscriminate attacks (Article 51(4)), that may lead to a broader interpretation of Section 5(5)(b) vis-a-vis Article 8(2)(b)(iv) of the Rome Statute, if the 'established framework of internaitonal law' is not taken to include Additional Protocol I.