Botswana

The Geneva Conventions Act, 1970

An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.

Passing of Sentences

6. (1) In passing sentence on a protected prisoner of war a court shall take into account the fact that since he is not a national of Botswana he is not bound to it by any duty of allegiance and is a prisoner of war as a result of circumstances independent of his own will.

(2) Sentence of death shall not be pronounced on a protected prisoner of war unless the attention of the court bas been particularly called to the fact aforementioned .

(3) The court shall be free to reduce, and shall not be obliged to impose, any minimum penalty which may have been prescribed for the offence with which a protected prisoner of war is charged.

(4) In passing sentence on a protected internee a court shall take into account the fact that the internee is not a national of Botswana, and shall be free to reduce, and shall not be obliged to impose, any minimum penalty which may have been prescribed for the offence with which he is charged.

Keywords

National penalties - war crimes
Sentencing - national proceedings
National penalties - national proceedings



EDIT.