Punishment of offenders against conventions
1 Grave breaches of scheduled conventions.
(1) Any person, whatever his nationality, who, whether in or outside the United Kingdom, commits, or aids, abets or procures the commission by any other person of [ a grave breach of any of the scheduled conventions or the first protocol shall be guilty of an offence]. ..
(1A)For the purposes of subsection (1) of this section
(a) a grave breach of a scheduled convention is anything referred to as a grave breach of the convention in the relevant Article, that is to say
(i)in the case of the convention set out in the First Schedule to this Act, Article 50; (ii)in the case of the convention set out in the Second Schedule to this Act, Article 51; (iii)n the case of the convention set out in the Third Schedule to this Act, Article 130 ;
(iv)in the case of the convention set out in the Fourth Schedule to this Act, Article 147 ; and
(b)a grave breach of the first protocol is anything referred to as a grave breach of the protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the protocol.
(2) In the case of an offence under this section committed outside the United Kingdom, a person may be proceeded against, indicted, tried and punished therefor in any place in the United Kingdom as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.
1A Trial and punishment of offences under s.1
(1) The following provisions apply in relation to offences under section 1 of this Act.
(2) The offence is triable only on indictment.
(3) Proceedings for an offence shall not be instituted
(a) in England and Wales, except by or with the consent of the Attorney General ;
(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
(4) If the offence is not committed in the United Kingdom
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in the United Kingdom.
(5) A person convicted of an offence involving murder shall be dealt with as for an offence of murder.
In this subsection "murder" means the killing of a person in such circumstances as would constitute murder if committed in the part of the United Kingdon in which the proceedings are brought.
(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.
Part 5 Offences under domestic law
England and Wales
53 Trial and punishment of main offences
(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.
Part 5 Offences under domestic law
Northern Ireland
60 Trial and punishment of main offences
(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.
Part 5 Offences under domestic law
Consequential provisions
70 Offences under section 1 of the Geneva Conventions Act 1957
(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.”.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.