3. Grave breaches of Scheduled Conventions.

(1) Any person, whatever his nationality, who, whether in or outside the State, 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 :

(a) Article 50 of the Convention set out in the First Schedule to this Act ;
(b) Article 51 of the Convention set out in the Second Schedule to this Act ;
(c) Article 130 of the Convention set out in the Third Schedule to this Act ; or
(d) Article 147 of the Convention set out in the Fourth Schedule to this Act ;

shall be guilty of an offence and on conviction on indictment thereof :
(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 penal servitude for life or any less term ;
(ii) in the case of any other such grave breach as aforesaid, shall be liable to penal servitude for fourteen years or any less term or imprisonment for a term not exceeding two years.

(2) In the case of an offence under this section committed outside the State, a person may be proceeded against, indicted, tried and punished therefor in any place in the State as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.

(3) Proceedings for an offence under this section shall not be instituted except by, or on behalf of, or with the consent of the Attorney General.

(4) A person charged with an offence under this section shall be tried by the Central Criminal Court.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.