'National penalties - national proceedings' 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-

(ii) in the case of any other such grave breach as aforesaid, shall be liable to imprisonment for a term not exceeding 14 years.

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.