Implementation of the Geneva Conventions Act, 2012 (Act No. 8 of 2012)Chapter 2 : Breaches of Conventions5. 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. |