3. Grave breach of Convention

(1) Any person, whatever his nationality, who, whether within or outside Kenya commits, or aids, abets or procures the commission by any other person of any grave breach of any of the Conventions such as is referred to in the following articles respectively of those Conventions—

(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;
(d) article 147 of the Convention set out in the Fourth Schedule to this
Act,
is guilty of an offence and—
(i) in the case of a grave breach involving the wilful killing of the person protected by the Convention in question, shall be sentenced to imprisonment for life; and
(ii) in the case of any other grave breach, is liable to imprisonment for a term not exceeding fourteen years.

(2) Where an offence under this section is committed outside Kenya, a person may be proceeded against, indicted, tried and punished therefor in any place in Kenya, 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) A prosecution for an offence under this section shall not be instituted except by or on behalf of the Attorney-General.

(4) Where in a prosecution for an offence under this section in respect of a grave breach of one of the Conventions any question arises under Article 2 of that Convention, that question shall be determined by the Minister, and a certificate purporting to set out such determination and to be signed by the Minister shall be sufficient evidence of such determination and be presumed to be so signed until the contrary is proved.

(5) Any written law relating to the trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial convened in Kenya as if this section had not been enacted.

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.