Revised Laws of Saint Lucia (2021)

1.   Grave breaches of scheduled conventions

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   (1)   Any person, whatever his nationality, who, whether in or outside the Territory, commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the scheduled conventions as is referred to in the following articles respectively of those conventions, that is to say—

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      (a)     article 50 of the convention set out in the First Schedule to this Act;

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      (b)     article 51 of the convention set out in the Second Schedule to this Act;

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      (c)     article 130 of the convention set out in the Third Schedule to this Act; or

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      (d)     article 147 of the convention set out in the Fourth Schedule to this Act,

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   shall be guilty of an offence and on conviction thereof—

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      (i)     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;

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      (ii)     in the case of any other such grave breach as aforesaid, shall be liable to imprisonment for a term not exceeding fourteen years.

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   (2)   In the case of an offence under this section committed outside the Territory, a person may be proceeded against, tried and punished therefor in any place in the Territory 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.

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   (3)   Proceedings for an offence under this section shall not be instituted in the Territory without the consent of the appropriate legal officer of the Territory.

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   (4)   If in proceedings under this section in respect of a grave breach of any of the scheduled conventions 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 Governor and a certificate purporting to set out any such determination and to be signed by or on behalf of the Governor shall be received in evidence and be deemed to be so signed without further proof, unless the contrary is shown.

(Amended by S.I. 1959 No. 1301 (UK.))