Section 3
of Geneva Convention Order, 2005
Section 3
(a)
Article 50 of the first Convention;
(b)
Article 51 of the second Convention;
(c)
Article 130 of the third Convention;
(d)
Article 147 of the fourth Convention;
(e)
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 -
(i)
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;
(ii)
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.
(2)
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.
(3)
Proceedings for an offence against this section shall not be instituted without the written consent of the Public Prosecutor.
(4)
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 -
(a)
Article 2 of that Convention (which relates to the circumstances in which the Convention applies);
(b)
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.