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-
(ii) in the case of any other such grave breach as aforesaid, shall be liable to imprisonment for a term not exceeding 14 years.
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.
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.