Section 3: Breaches of Conventions and Protocol I

3. Breaches of Conventions and Protocol I (1) Any person who in Mauritius or elsewhere commits, or is an accomplice in the commission by another person of, a grave breach of any of the Conventions or of Protocol I shall commit an 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 protected by that Convention; [Issue 1] G8 – 2 (e) a grave breach of Protocol I is any breach referred to as a grave breach of that Protocol in paragraph 4 of Article 11, or paragraph 2, 3 or 4 of Article 85, of that Protocol. (3) This section applies to persons regardless of their nationality or citizenship. (4) Any person who commits an offence against this section shall, on conviction, be liable— (a) where the offence involves the wilful killing of a person protected by the relevant Convention or of Protocol I, to the same penalty as that for the time being for murder; (b) in any other case, to penal servitude for a term not exceeding 15 years. (4A) Any person who, in Mauritius, commits any breach of any of the Conventions or Protocols other than a breach referred to in subsection (2) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees. (4B) A Mauritian Court shall have jurisdiction to try the offence, and inflict the penalty, specified in subsection (4A), where the act constituting the offence under that subsection has been done or completed outside Mauritius. (5) No proceedings for an offence under this section shall be instituted without the consent of the Director of Public Prosecutions. (6) Section 5, excluding 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 as it applies in relation to the trial of a protected prisoner of war. (7) Where, in proceedings for an offence under this section in respect of a grave breach of any of the Conventions, or of the Protocols, any question arises under Article 2 or 3 of that Convention, Article 1 or 3 of Protocol I or Article 1 of Protocol II, 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 so signed without further proof, unless the contrary is shown. (8) The Minister’s certificate under subsection (7) shall be prima facie evidence of the matter stated therein. [S. 3 amended by s. 4 of Act 2 of 2003.]