Kiribati

Geneva Conventions Act 1993

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.

Keywords

War crimes
Grave breaches - IAC



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