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.
Punishment of Offenders Against Conventions
3. (1) Any person, whatever his nationality, who, whether in or outside Botswana,commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the
scheduled conventions as is referred to in the following articles respectively of those conventions, that is to say-
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.
Punishment of Offenders Against Conventions
3 (2) In the case of an offence under this section committed outside Botswana, a person may be proceeded against, indicted, tried and punished therefor in any place in Botswana as if the offence had been committed in that place.
(3) A Subordinate Court shall have no jurisdiction to try an offence under this section, and criminal proceedings for such an offence shall not be instituted except by or on behalf of the Attorney-General.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.