Amendment of section 3 of Principal Act

3.—Section 3 (which relates to grave breaches of the Scheduled Conventions) of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 10 of the Criminal
Justice Act, 1964), of the following subsections :

“(1) Any person, whatever his or her nationality, who, whether in or outside the State, commits or aids, abets or procures the commission by any other person of a grave breach of any of the Scheduled Conventions or Protocol I shall be guilty of an offence and on conviction on indictment —

(a) in the case of a grave breach involving the wilful killing of a person protected by the Convention or Protocol in question, shall be liable to imprisonment for life or any less term,
(b) in the case of any other grave breach, shall be liable to imprisonment for a term not exceeding 14 years.

(1A) Any person, whatever his or her nationality, who, whether in or outside the State, fails to act, when under a duty to do so, to prevent the commission by another person of a grave breach of any of the Scheduled Conventions or Protocol I shall be guilty of an offence and on conviction on indictment shall be liable to imprisonment for a term not exceeding 10 years.

(1B) For the purposes of this section —

(a) a grave breach of any of the Scheduled Conventions is anything referred to as a grave breach of the Convention in the relevant Article, that is to say —

(i) in the case of the Convention set out in the First Schedule to this Act, Article 50,
(ii) in the case of the Convention set out in the Second Schedule to this Act, Article 51,
(iii) in the case of the Convention set out in the Third Schedule to this Act, Article 130,
(iv) in the case of the Convention set out in the Fourth S.3 Schedule to this Act, Article 147, and

(b) a grave breach of Protocol I is anything referred to as a grave breach of the Protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the Protocol."