Geneva Convention Order, 2005 · As enacted · Part II
Section 3
Official textFrom Attorney General's Chambers, unchanged
Any person, whatever his citizenship, who, whether within or outside
Brunei Darussalam, commits, aids, abets or procures the commission by any other person of any grave breach of the Conventions or of Protocol I committed against persons or property protected under the Conventions and Protocol I, as is referred to in the following Articles -
Conventions
"Conventions" means the first Convention, the second Convention, the third Convention and the fourth Convention; ''court'' includes a court-martial;
Article 50 of the first Convention;
first Convention
"first Convention" means the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in the First Schedule;
Article 51 of the second Convention;
second Convention
"second Convention" means the Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention] is set out in the Second Schedule;
Article 130 of the third Convention;
third Convention
"third Convention" means the Convention relating to the Treatment of Prisoners of War signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in the Third Schedule.
Article 147 of the fourth Convention;
fourth Convention
"fourth Convention" means the Convention relating to the Protection of Civilian Persons in Time of War signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention] is set out in the Fourth Schedule;
paragraph 4 of Article 11 and paragraph 2, 3 or 4 of Article 85, of
Protocol I, is guilty of an offence and liable on conviction to -
Protocol I
"Protocol I" means the Protocol Additional to the Conventions of 12th. August, 1949, relating to the Protection of Victims of International Armed Conflicts signed at Geneva on 10th. June, 1977, a copy of which Protocol [including Annex I to that Protocol) is set out in the Fifth Schedule;
in the case of such a grave breach involving the wilful killing of a person protected by any of the Conventions or by
Protocol I, imprisonment for life;
in the case of any other such grave breach of any of the
Conventions or of Protocol I, imprisonment for a term not exceeding 14 years.
In the case of an offence under this section committed outside Brunei
Darussalam, a person may be proceeded against, charged, tried and punished therefore in Brunei Darussalam as if the offence had been committed there, 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.
Proceedings for an offence against this section shall not be instituted without the written consent of the Public Prosecutor.
If in proceedings under this section in respect of a grave breach of any of the Conventions or of Protocol I any question arises under -
Article 2 of that Convention (which relates to the circumstances in which the Convention applies);
Article 1 or 3 of Protocol I (which relates to the circumstances in which that Protocol applies), that question shall be determined by the Minister and a certificate purporting to set out any such determination and to be signed by or on behalf of the Minister shall be received in evidence and be deemed to be signed without further proof, unless the contrary is shown.
(51 The law relating to the trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of a court-martial convened in Brunei Darussalam as if this section had not been passed.
Punishment of other breaches of Conventions and Protocols.
Terms defined in s 2
Conventions
Defined · s 2"Conventions" means the first Convention, the second Convention, the third Convention and the fourth Convention; ''court'' includes a court-martial;
first Convention
Defined · s 2"first Convention" means the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in the First Schedule;
fourth Convention
Defined · s 2"fourth Convention" means the Convention relating to the Protection of Civilian Persons in Time of War signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention] is set out in the Fourth Schedule;
Minister
Defined · s 2"Minister" means the Minister for the time being designated by His Majesty the Sultan and Yang Di-Pertuan to be responsible for this Order;
Protocol I
Defined · s 2"Protocol I" means the Protocol Additional to the Conventions of 12th. August, 1949, relating to the Protection of Victims of International Armed Conflicts signed at Geneva on 10th. June, 1977, a copy of which Protocol [including Annex I to that Protocol) is set out in the Fifth Schedule;
second Convention
Defined · s 2"second Convention" means the Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention] is set out in the Second Schedule;
third Convention
Defined · s 2"third Convention" means the Convention relating to the Treatment of Prisoners of War signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in the Third Schedule.