International Crimes and International Criminal Court Act 2000

11 War crimes

(1)

Every person commits an offence and is liable on conviction to the penalty specified in subsection (3) who, in New Zealand or elsewhere, commits a war crime.

(2)

For the purposes of this section, a war crime is an act specified in—

(a)

Article 8(2)(a) of the Statute (which relates to grave breaches of the First, Second, Third, and Fourth Geneva Conventions); or

(b)

Article 8(2)(b) of the Statute (which relates to other serious violations of the laws and customs applicable in international armed conflict); or

(c)

Article 8(2)(c) of the Statute (which relates to armed conflict not of an international character involving serious violations of Article 3 common to the four Geneva Conventions of 12 August 1949); or

(d)

Article 8(2)(e) of the Statute (which relates to other serious violations of the laws and customs applicable in armed conflict not of an international character).

(3)

The penalty for a war crime is,—

(a)

if the offence involves the wilful killing of a person, the same as the penalty for murder:

(b)

in any other case, imprisonment for life or a lesser term.

(4)

Nothing in this section affects or limits the operation of section 3 of the Geneva Conventions Act 1958 (which makes a grave breach of the Geneva Conventions an offence under New Zealand law).

Compare: Statute art 8

Section 11(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).