6. New section 3A

“3A. Other breaches of the Geneva Conventions or Protocols

(1) Any person, whatever his or her nationality, who, in Kiribati, commits, or aids, abets or procures the commission by another person of a breach of any of the Geneva Conventions or Protocols not covered by section 3 is guilty of an offence.

(2) Any citizen of Kiribati who, outside Kiribati, commits, or aids, abets or procures the commission by another person of a breach of any of the Geneva Conventions or Protocols not covered by section 3 is guilty of an offence.

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

Grave breaches of Geneva Conventions
3. (1) (b) aids, abets or procures the commission by any other person of,

PART V
PARTIES TO OFFENCES

Principal offenders
21. (1) (d) any person who counsels or procures any other person to commit the offence.

(2) In the last mentioned case he may be charged either with committing the offence or with counselling or procuring its commission.

(3) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

(4) Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.

PART V
PARTIES TO OFFENCES


Counselling another to commit an offence
23. When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.

If the facts constituting the offence actually committed are not a probable consequence of carrying out the counsel, the person who gave the counsel is not deemed to be responsible.