PART II
PUNISHMENT OF OFFENDERS UNDER THE CONVENTIONS AND PROTOCOL I

3. Punishment of grave breaches of the Conventions and Protocol I

3. (1) A person, whatever his nationality, who, in Trinidad and Tobago or elsewhere, commits or aids, abets or procures any other person to commit a grave breach of any of the Conventions or of Protocol I, commits an indictable offence and is liable on conviction to the penalty specified in subsection (2).

(2) The penalty for an offence under subsection (1) is—

(a) where the offence involves the wilful killing of a person protected by the relevant Convention or by Protocol I, the penalty for murder; and

(b) in any other case, imprisonment for life.

(3) For the purposes of this section—

(a) a grave breach of the First Convention is a breach of that Convention involving an act referred to in Article 50 of that Convention committed against persons or property protected by that Convention;

(b) a grave breach of the Second Convention is a breach of that Convention involving an act referred to in Article 51 of that Convention committed against persons or property protected by that Convention;

(c) a grave breach of the Third Convention is a breach of that Convention involving an act referred to in Article 130 of that Convention committed against persons or property protected by that Convention;

(d) a grave beach of the Fourth Convention is a breach of that Convention involving an act referred to in Article 147 of that Convention committed against persons or property protected by that Convention; and

(e) 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.

(4) In the case of an offence under this section committed outside Trinidad and Tobago, a person may be proceeded against, indicted, tried and punished in any place in Trinidad and Tobago as if the offence had been committed in Trinidad and Tobago.

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.