'National penalties - death sentence' in document 'Botswana - Geneva Convention Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.

Punishment of Offenders Against Conventions

3. (1) Any person, whatever his nationality, who, whether in or outside Botswana,commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the
scheduled conventions as is referred to in the following articles respectively of those conventions, that is to say-

i) in the case of such a grave breach as aforesaid involving the wilful killing of a person protected by the convention in question, shall be sentenced to death or to imprisonment;

An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.

Execution of Sentence of Death

7. If sentence of death is pronounced on a protected prisoner of war or a protected internee, the sentence shall not be executed before the expiration of a period of at least six months from the date when the protecting power is notified of the final judgment imposing or confirming such sentence.

An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.

Appeals by Protected Persons

8. Where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal, or notice of application for leave to appeal, to any tribunal having appellate jurisdiction in the matter shall, notwithstanding anything in the enactments relating to such appeals, be reckoned from the date on which he receives a notice given -

(a) in the case of a protected prisoner of war by an officer of the armed forces;

(b) in the case of a protected internee, by the officer-in-charge of the prison in which he is confined;
that the protecting power has been notified of his conviction and sentence.