New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the Conventions or of the First Protocol is guilty of an indictable offence.
(2) For the purposes of this section—
(a) A grave breach of the First Convention is a breach of that Convention involving an act referred to in Article 50 of that Convention committed against persons or property protected by that Convention:
(b) A grave breach of the Second Convention is a breach of that Convention involving an act referred to in Article 51 of that Convention committed against persons or property protected by that Convention:
(c) A grave breach of the Third Convention is a breach of that Convention involving an act referred to in Article 130 of that Convention committed against persons or property protected by that Convention:
(d) A grave breach of the Fourth Convention is a breach of that Convention involving an act referred to in Article 147 of that Convention committed against persons or property by that Convention:
(e) A grave breach of the First Protocol is a breach of that Protocol involving—
(i) An act or omission referred to in paragraph 4 of Article 11 of that Protocol committed against or omitted in respect of persons protected by paragraph 1 of that Article; or
(ii) An act referred to in paragraph 2 of Article 85 of that Protocol committed against persons or property protected by that paragraph; or
(iii) An act referred to in paragraph 3 of Article 85 of that Protocol committed against persons or property protected by that paragraph; or
(iv) An act or omission referred to in paragraph 4 of Article 85 of that Protocol committed against or omitted in respect of persons or property protected by that paragraph.
(3) This section applies to persons regardless of their nationality or citizenship.
(4) The punishment for an offence against this section shall be,—
(a) Where the offence involves the wilful killing of a person protected by the relevant Convention or by the First Protocol, as the case may require, the same as that for the time being for murder:
(b) in any other case, imprisonment for life or a lesser term.
(5) No one shall be prosecuted for an offence against this section without the leave of the Attorney-General.
(6) The provisions of section 5 of this Act (other than subsection (2)) shall apply in relation to the trial of a person who is not a protected prisoner of war for an offence against this section in like manner as they apply in relation to the trial of a protected prisoner of war.
(7) If—
(a) In any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies); or
(b) In any proceedings under this section in respect of a grave breach of the First Protocol any question arises under paragraph 3 or paragraph 4 of Article 1 of that Protocol or under Article 3 of that Protocol (which relate to the circumstances in which that Protocol applies),—
that question shall be determined by the Minister of Foreign Affairs and Trade, and a certificate purporting to set out any such determination and to be signed by or on behalf of that Minister shall be received in evidence and be deemed to be so signed without further proof, unless the contrary is shown.
(8) [Repealed]
Section 3 and the preceding heading were substituted, as from 10 July 1987, by section 4 Geneva Conventions Amendment Act 1987 (1987 No 144).
Subsection (4)(b) was substituted, as from 1 October 2000, by section 185 International Crimes and International Criminal Court Act 2000 (2000 No 26).
Subsection (7) was amended, as from 1 July 1993, by section 6(1) Foreign Affairs Amendment Act 1993 (1993 No 48) by substituting the words “Minister of Foreign Affairs and Trade”
for the words “Minister of Foreign Affairs”
.
Section 3(8): repealed, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).