Singapore legislation
Clause 3
Clause 3
Grave breaches of scheduled Conventions
(1)
Any person, whatever his citizenship or nationality, who, whether in or outside Singapore, commits, aids, abets or procures the commission by any other person of any such grave breach of any scheduled Convention as is referred to in the following Articles respectively of those Conventions: —
Article 50 of the Convention set out in the First Schedule to this Act;
Article 51 of the Convention set out in the Second Schedule to this Act;
Article 130 of the Convention set out in the Third Schedule to this Act; or
Article 147 of the Convention set out in the Fourth Schedule to this Act,shall be guilty of an offence under this Act and on conviction thereof —
in the case of such a grave breach as aforesaid involving the wilful killing of a person protected by the Convention in question, shall be sentenced to imprisonment for life;
in the case of any other such grave breach as aforesaid, shall be liable to imprisonment for a term not exceeding fourteen years.
(2)
In the case of an offence under this section committed outside Singapore, a person may be proceeded against, charged, tried and punished therefor in any place in Singapore as if the offence had been committed in that place, 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.
(3)
No Magistrate’s Court or District Court shall have jurisdiction to try any offence under this section, and proceedings for such an offence shall not be instituted except by or on behalf of the Public Prosecutor.
(4)
If in proceedings under this section in respect of a grave breach of any scheduled Convention any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention 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 so signed without further proof, unless the contrary is shown.
(5)
The written law relating to the trial by a subordinate military court of persons who commit civil offences shall have effect for the purposes of the jurisdiction of subordinate military courts convened in Singapore as if this section had not been passed.