Part 5 Offences under domestic law

Consequential provisions

70 Offences under section 1 of the Geneva Conventions Act 1957

(1) In section 1 of the Geneva Conventions Act 1957 (c. 52) (punishment of grave breaches of the conventions)—
(a) in subsection (1), omit the words from “and on conviction on indictment” to the end; and
(b) omit subsections (3) to (5).
(2) After that section insert—
“1A Trial and punishment of offences under s.1
(1) The following provisions apply in relation to offences under section 1 of this Act.
(2) The offence is triable only on indictment.
(3) Proceedings for an offence shall not be instituted—
(a) in England and Wales, except by or with the consent of the Attorney General;
(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
(4) If the offence is not committed in the United Kingdom—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in the United Kingdom.
(5) A person convicted of an offence involving murder shall be dealt with as for an offence of murder.
In this subsection “murder” means the killing of a person in such circumstances as would constitute murder if committed in the part of the United Kingdon in which the proceedings are brought.
(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.”.
(3) The above amendments do not apply in relation to offences committed before the commencement of this section.

SCHEDULES

SCHEDULE 8 Genocide, crimes against humanity and war crimes: articles 6 to 9

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.

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.

This provision follows the ICC Statute.

Grave breaches continue to be triable under the Geneva Conventions Act 1957 (as amended)