CHAPTER I The Republic
4. Protection of right to life
(1) No person shall be deprived of his or her life intentionally save in execution of the sentence of a court in respect of an offence under the law in force in Botswana of which he or she has been convicted.

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-

i) in the case of such a grave breach as aforesaid involving the wilful killing of a person protected by the convention in question, shall be sentenced to death or to imprisonment;

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.

Execution of Sentence of Death

7. If sentence of death is pronounced on a protected prisoner of war or a protected internee, the sentence shall not be executed before the expiration of a period of at least six months from the date when the protecting power is notified of the final judgment imposing or confirming such sentence.

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.

Appeals by Protected Persons

8. Where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal, or notice of application for leave to appeal, to any tribunal having appellate jurisdiction in the matter shall, notwithstanding anything in the enactments relating to such appeals, be reckoned from the date on which he receives a notice given -

(a) in the case of a protected prisoner of war by an officer of the armed forces;

(b) in the case of a protected internee, by the officer-in-charge of the prison in which he is confined;
that the protecting power has been notified of his conviction and sentence.

PENAL CODE OF BOTSWANA

PART I - General Provisions

Punishments (ss 25-33)

26. Sentence of death

(1) When any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck until he is dead.

(2) Sentence of death shall not be pronounced on or recorded against any person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of 18 years, but in lieu thereof the court shall sentence such person to be detained during the President's pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the President may direct, and whilst so detained shall be deemed to be in legal custody.

(3) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 298 of the Criminal Procedure and Evidence Act to be pregnant, she shall be liable to imprisonment for life and not to sentence of death.