1. Offences in contravention of the Conventions and Protocol I
(1) A person of whatever nationality, commits an indictable offence, if that person, whether within or outside this country commits, aids, abets or procures any other person to commit a grave breach specified in
(a) article 50 of the First Convention in respect of the Geneva Conventions for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, stated in the First Schedule,
(b) article 51 of the Second Convention in respect of the Geneva Conventions for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at sea, of August 12, 1949, stated in the Second Schedule,
(c) article 130 of the Third Convention in respect of the Geneva Conventions Relative to the Treatment of Prisoners of War, of August 12, 1949, stated in the Third Schedule,
(d) article 147 of the Fourth Convention in respect of the Geneva Conventions Relative to the Protection of Civilian Persons in Time of War, of August 12, 1949, set out in the Fourth Schedule, and
(e) article 11 (4) or paragraphs 2, 3 and 4 of article 85 of the Protocol 1 set out in the Fifth Schedule.
(2) A person who commits an offence under subsection (1) is liable on conviction,
(a) in the case of a grave breach which involves the wilful killing of a person protected by the relevant Convention or Protocol to death; and
(b) in the case of any other grave breach, to a term of imprisonment of not less than fourteen years.
(3) A person, who in Ghana commits, abets, aids or procures any other person to commit a breach to the Conventions or Protocols not covered under subsection (1) commits an indictable offence and is liable on conviction to a term of imprisonment of not more than fourteen years.
(4) Where a person commits an offence under this section outside the country, the person may be tried and punished as if the offence were committed in this country.
(5) A citizen who outside the country, commits an offence or aids, abets or procures the commission by any other person of an offence other than that specified in subsection (1) but which contravenes any of the Conventions or Protocol, is liable on conviction on indictment to a term of imprisonment of not less than fourteen years.
