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 or the first protocol 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 sentenced to imprisonment for life;
(b)in the case of any other grave breach] shall be liable to imprisonment for a term not exceeding fourteen years
[F2(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.]
[F3(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.]
(3)[F4In Scotland, the sheriff shall have no jurisdiction] to try an offence under this section, and proceedings for such an offence shall not be instituted in England except by or on behalf of the Director of Public Prosecutions or in Northern Ireland without the consent of the [F4Director of Public Prosecutions] for Northern Ireland.
(4)[F5If in proceedings for an offence under this section any question arises under Article 2 of any of the scheduled conventions or Article 1 or 3 of the first protocol (which relate to the circumstances in which the conventions and protocol apply)], that question shall be determined by the Secretary of State and a certificate purporting to set out any such determination and to be signed by or on behalf of the Secretary of State shall be received in evidence and be deemed to be so signed without further proof, unless the contrary is shown.
(5)The enactments relating to the trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial convened in the United Kingdom as if this section had not been passed.
Textual Amendments
F1Words in s. 1(1) substituted (20.7.1998) by 1995 c. 27, s. 1(2); S.I. 1998/1505, art. 2
F2S. 1(1A) inserted (20.7.1998) by 1995 c. 27, s. 1(3); S.I 1998/1505, art. 2
F3S. 1(2) repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III and (N.I.) by Criminal Law Act (Northern Ireland) 1967 (c. 18), s. 15(2), Sch. 2 Pt. II
F4Words in s. 1(3) substituted (20.7.1998) by 1995 c. 27, s. 1(4); S.I. 1998/1505, art. 2
F5Words in s. 1(4) substituted (20.7.1998) by 1995 c. 27, s. 1(5); S.I. 1998/1505, art. 2