Punishment of grave breaches of Conventions and Protocol I
2. (1) Any person who, in Namibia or elsewhere, commits, or aids, abets or
procures the commission by another person of, a grave breach of any of the Conventions or of Protocol I is guilty of an offence.
(2) For the purposes of subsection (1) -
(a) a grave breach of the First Convention is a breach of that Convention involving any act referred to in Article 50 of that Convention committed against persons or property protected by that Convention;
(b) a grave breach of the Second Convention is a breach of that Convention involving any act referred to in Article 51 of that Convention committed against persons or property protected by that Convention;
(c) a grave breach of the Third Convention is a breach of that Convention involving any act referred to in Article 130 of that Convention committed against persons or property protected by that Convention;
(d) a grave breach of the Fourth Convention is a breach of that Convention involving any act referred to in Article 147 of that Convention committed against persons or property protected by that Convention; and
(e) a grave breach of Protocol I is a breach of that Protocol involving -
(i) any act or omission referred to in paragraph 4 of Article 11 of that Protocol; or
(ii) any act referred to in paragraph 2 of Article 85 of that Protocol committed against persons or property referred to in that paragraph; or
(iii) any act referred to in paragraph 3 of Article 85 of that Protocol; or
(iv) any act referred to in paragraph 4 of Article 85 of that Protocol.
(3) This section applies to all persons, irrespective of their nationality or
citizenship.
(4) Any person who is found guilty of an offence under this section is, subject to subsection (5), liable -
(a) in the case where the offence involves the willful killing of a person protected by the relevant Convention or by Protocol I, to imprisonment for life;
(b) in any other case, to imprisonment for a period not exceeding 14 years .
(5) If a court is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence than the sentence prescribed in subsection (4)(a), it must enter those circumstances on the record of the proceedings and may thereupon impose such lesser sentence.
(6) No person may be prosecuted under this section except with the written authority of the Prosecutor-General.
(7) The provisions of section 5 (other than subsection (2) thereof) apply in relation to the trial of a person for an offence under this section in like manner as they apply in relation to the trial of a protected prisoner of war.
War crimes
Grave breaches - IAC
EDIT.