Geneva Conventions (Amendment) Bill [H.L.]
This is the text of the Geneva Conventions (Amendment) Bill [H.L.], as passed by the House of Lords and introduced in Committee in the House of Commons on 4 November 1997.
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Geneva Conventions (Amendment) Bill [H.L.]
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A
B I L L
INTITULED
An Act to amend the Geneva Conventions Act 1957 to enable criminal proceedings to be taken in the United Kingdom for breach of article 3 of the Conventions.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| Amendment of the 1957 Act in case of armed conflict not of an international character. |
1. After section 1 of the Geneva Conventions Act 1957 there is inserted-
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| "Armed conflict not of an international character. |
1A. - (1) Any person, whatever his nationality, who, outside the United Kingdom, commits, or aids, abets or procures the commission by any other person of, any act in breach of article 3 of any of the scheduled conventions shall be guilty of an offence and on conviction on indictment-
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(a) in the case of such an act involving the wilful killing of a person protected by the convention in question, shall be sentenced to imprisonment for life; |
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(b) in the case of any other such act, shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding fourteen years. |
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(2) This section shall not apply to a person subject to the provisions of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
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(3) In 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 Director of Public Prosecutions for Northern Ireland.
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(4) If in proceedings for an offence under this section any question arises under article 3 of the scheduled conventions as to whether an armed conflict not of an international character is occurring, 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.".
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| Short title, commencement and extent. |
2. - (1) This Act may be cited as the Geneva Conventions (Amendment) Act 1997.
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(2) This Act shall come into force at the end of a period of two months beginning with the day on which it is passed.
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(3) This Act extends to Northern Ireland.
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