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.

Passing of Sentences

6. (1) In passing sentence on a protected prisoner of war a court shall take into account the fact that since he is not a national of Botswana he is not bound to it by any duty of allegiance and is a prisoner of war as a result of circumstances independent of his own will.

(2) Sentence of death shall not be pronounced on a protected prisoner of war unless the attention of the court bas been particularly called to the fact aforementioned .

(3) The court shall be free to reduce, and shall not be obliged to impose, any minimum penalty which may have been prescribed for the offence with which a protected prisoner of war is charged.

(4) In passing sentence on a protected internee a court shall take into account the fact that the internee is not a national of Botswana, and shall be free to reduce, and shall not be obliged to impose, any minimum penalty which may have been prescribed for the offence with which he is charged.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.