Kiribati

Geneva Conventions (Amendment) Act 2010

5. Amendment of section 3
(b) (iii) “(v) if committed wilfully against persons protected under Protocol I who are in the power of a Party other than the one on which he or she depends and if they seriously endanger the physical or mental health or integrity of such a person—

(aa) any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standard which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty;

(bb) physical mutilations;

(cc) medical or scientific experiments;

(dd) removal of tissue or organs for transplantation;

(vi) if committed wilfully in violation of the relevant provisions of Protocol I and causing death or serious injury to body or health—

(aa) making the civilian population or individual civilians an object of attack;

(bb) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects;

(cc) launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects;

(dd) making non—defended localities and demilitarised zones the object of attack;

(ee) making a person the object of an attack in the knowledge that he or she is hors de combat;

(ff) perfidiously using the distinctive emblem of the red cross, red crescent or red lion and sun or other protective signs recognised by the Geneva Conventions or Protocol I;

(vii) if committed wilfully in violation of the relevant provisions of Protocol I—

(aa) transferring by the occupying Power of parts of its own civilian population into the territory it occupies, or deporting or transferring of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of
the Fourth Geneva Convention;

(bb) unjustifiably delaying the repatriation of prisoners of war or civilians;

(cc) practising apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination;

(dd) making the clearly—recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organisation, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, subparagraph (b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives;

(ee) depriving a person protected by the Geneva Conventions or Protocols of the rights of fair and regular trial;

(viii) the misuse of the emblem in Protocol III amounting to a perfidious use in the meaning of Protocol I and sub— paragraph (vi)(ff) of this paragraph.”.

Keywords

War crimes



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