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:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

This provision is narrower than the ICC Statute.

The UK reservation to Additional Protocol 1, which purports to allow reprisals, may be used to interpret the crimes under the act to not include prima facie criminal conduct committed as a reprisal, in stark contrast to the judgment of the ICTY in Kupre_ki_, which held that a crime may still be committed when the targeting of protected persons or object was carried out in reprisal (Prosecutor v Kupre_ki_, ICTY Case No IT-95-16 of 14 January 2000).