PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

Grave breaches of Geneva Conventions
3. (1) Any person, whatever his nationality and whether in or outside Kiribati, is guilty of an offence if -

(a) he commits; or

(b) aids, abets or procures the commission by any other person of,

any such grave breach of any of the Geneva Conventions as is referred to those Conventions, that is to say, a breach constituting of any of the following acts –

(i) if committed against protected by any of the Geneva Conventions –
(aa) wilful killing, torture or inhuman treatment, including biological experiments;
(bb) wilfully causing great suffering or serious injury to body or health;

(ii) if committed against property protected by the First, Second or Fourth Geneva Conventions –
extensive destruction and appropriation of property, not justified by military necessity, and carried out unlawfully and wantonly;

(iii) if committed against persons protected by the Third Geneva Convention –
(aa) compelling a prisoner of war to serve in the forces of a hostile Power;
(bb) wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed by that Convention;

(iv) if committed against persons protected by the Fourth Geneva Convention –
(aa) unlawful deportation or transfer or unlawful confinement;
(bb) compelling to serve in the forces of a hostile Power;
(cc) wilfully depriving of the rights of fair and regular trial
prescribed by that Convention;
(dd) taking hostages.

(2) A person who is guilty of an offence under subsection (1) shall, on conviction thereof -

(a) in the case of such a grave breach involving the wilful killing of a person protected by the Convention in question, be sentenced to imprisonment for life;

(b) in the case of any other such grave breach, be liable to imprisonment for 14 years.

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.