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.