Amendment of section 3 of Principal Act

3.—Section 3 (which relates to grave breaches of the Scheduled Conventions) of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 10 of the Criminal
Justice Act, 1964), of the following subsections :

“(1) Any person, whatever his or her nationality, who, whether in or outside the State, commits or aids, abets or procures the commission by any other person of a grave breach of any of the Scheduled Conventions or Protocol I shall be guilty of an offence and on conviction on indictment —

(a) in the case of a grave breach involving the wilful killing of a person protected by the Convention or Protocol in question, shall be liable to imprisonment for life or any less term,

3. Grave breaches of Scheduled Conventions.

(1) Any person, whatever his nationality, who, whether in or outside the State, 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 :
...
shall be guilty of an offence and on conviction on indictment thereof :

(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 penal servitude for life or any less term ;

Part 2
Domestic Jurisdiction in ICC Offences

Section 10.—(1) A person convicted of an ICC offence is liable—
(a) to imprisonment for life if—

(i) the offence involves murder, or
(ii) a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,