PART 2 – GRAVE BREACHES OF THE GENEVA CONVENTIONS

4. Grave breaches

(1) Any grave breach of any of the Geneva Conventions that would, if committed in Vanuatu, be an offence under any provision of the Penal Code Act [CAP. 135] or any other law shall be an offence under such provision of the Penal Code or any other law if committed outside Vanuatu.

(2) For the purposes of this section –

(a) a grave breach of the First Convention is a breach as defined in Article 50 of that Convention;
(b) a grave breach of the Second Convention is a breach as defined in Article 51 of that Convention;
(c) a grave breach of the Third Convention is a breach as defined in Article 130 of that Convention;
(d) a grave breach of the Fourth Convention is a breach as defined in Article 147 of that Convention.

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.