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Implementation of the Geneva Conventions Act, 2012 (Act No. 8 of 2012)

Chapter 2 : Breaches of Conventions

5. Breach of Conventions and penalties

 

1) Any person who, whether within or outside the Republic, commits a grave breach of the Conventions, is guilty of an offence.

 

2) For the purposes of subsection (1), "a grave breach" means-
a) a grave breach referred to in Article 50 of the First Convention;
b) a grave breach referred to in Article 51 of the Second Convention;
c) a grave breach referred to in Article 130 of the Third Convention;
d) a grave breach referred to in Article 147 of the Fourth Convention; or
e) a grave breach referred to in Article 11 or 85 of Protocol I.

 

3) Any person who within the Republic contravenes or fails to comply with a provision of the Conventions not covered by subsection (2), is guilty of an offence.

 

4) Any citizen of the Republic who outside the Republic contravenes or fails to comply with a provision of the Conventions not covered by subsection (2), is guilty of an offence.

 

5) A person convicted of an offence contemplated in subsection (1), (3) or (4) is liable to a fine or to imprisonment, including imprisonment for life, or to such imprisonment without the option of a fine or to both a fine and such imprisonment.