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Punishment of offenders against conventionsU.K.

1 Grave breaches of scheduled conventions.U.K.

(1)Any person, whatever his nationality, who, whether in or outside the United Kingdom, commits, or aids, abets or procures the commission by any other person of [F1a grave breach of any of the scheduled conventions [F2 , the first protocol or the third protocol] shall be guilty of an offence]. . .

[F3(1A)For the purposes of subsection (1) of this section—

(a)a grave breach of a scheduled convention is anything referred to as a grave breach of the convention in the relevant Article, that is to say—

(i)in the case of the convention set out in the First Schedule to this Act, Article 50;

(ii)in the case of the convention set out in the Second Schedule to this Act, Article 51;

(iii)n the case of the convention set out in the Third Schedule to this Act, Article 130;

(iv)in the case of the convention set out in the Fourth Schedule to this Act, Article 147; and

(b)a grave breach of the first protocol is anything referred to as a grave breach of the protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of the protocol.]

[F4; and

(c)a grave breach of the third protocol is anything which for the purposes of Article 6 of the protocol constitutes the perfidious use of the emblem specified in section 6(1)(f) of this Act]

[F5(2)In the case of an offence under this section committed outside the United Kingdom, a person may be proceeded against, indicted, tried and punished therefor in any place in the United Kingdom as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.]

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 1(1) substituted (20.7.1998) by 1995 c. 27, s. 1(2); S.I. 1998/1505, art. 2

F3S. 1(1A) inserted (20.7.1998) by 1995 c. 27, s. 1(3); S.I 1998/1505, art. 2

F6S. 1(3)-(5) repealed (1.9.2001 but without application in relation to offences committed before the commencement of s. 70 of the amending Act) by 2001 c. 17, ss. 70(1)(b)(3), 83, Sch. 10 (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2