Equipo Nizkor - Malawi: Geneva Conventions Act.

CHAPTER 12:03

ARRANGEMENT OF SECTIONS

SECTION

1. Short title
2. Interpretation
3. Ratification
4. Grave breach of Conventions
5. Notice of trial of protected persons
6. Legal representation of certain persons
7. Appeal by protected persons
8. Reduction of sentence and custody of protected persons

SCHEDULES

18 of 1967 An Act to enable effect to be given to certain International Conventions done at Geneva on the Twelfth Day of August, one thousand nine hundred and forty-nine and for purposes connected therewith
[9th August, 1967]

Short title 1. This Act may be cited as the Geneva Conventions Act.

Interpretation 2. In this Act, unless the context otherwise requires—
"Conventions" means the Conventions set out in the Schedules;
"court" does not include a court-martial;

Cap. 3:04 "legal practitioner" means a person entitled to practise as a legal practitioner in Malawi under the Legal Education and Legal Practitioners Act;
"prisoner's representative" means, in relation to a protected prisoner of war at a particular time, the person by whom the functions of a prisoner's representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that prisoner at the camp or place at which the prisoner was, at or last before that time, detained as a protected prisoner of war;
"protected internee" means a person protected by the Convention set out in the Fourth Schedule and interned in Malawi;
"protected prisoner of war" means a person protected by the Convention set out in the Third Schedule;
"protecting power" means, in relation to a protected prisoner of war or a protected internee, the power or organization which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to the protecting power under the Convention set out in the Third Schedule or, as the case may be, in the Fourth Schedule.

Ratification 3. The accession of the Government to the Conventions is hereby approved and ratified.

Grave breach of Conventions 4.—(1) Any person, whatever his nationality, who, whether within or without Malawi commits or aids, abets or procures the commission by any other person of any such grave breach of any of the Conventions as is referred to in the following articles respectively of those Conventions, that is to say—

(a) Article 50 of the Convention set out in the First Schedule;
(b) Article 51 of the Convention set out in the Second Schedule;
(c) Article 130 of the Convention set out in the Third Schedule;
(d) Article 147 of the Convention set out in the Fourth Schedule,

shall, without prejudice to his liability under any other written law, be guilty of an offence and—

(i) in the case of a grave breach causing or resulting in or contributing to the death of the person protected by the Convention in question, shall be liable to imprisonment for life;
(ii) in the case of any other grave breach, shall be liable to imprisonment for fourteen years.

(2) Where an offence under this section is committed without Malawi a person may be proceeded against, tried and punished therefor in any place in Malawi 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) Proceedings for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions.
(4) Where in any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention, that question shall be determined by the Minister, and a certificate purporting to set out 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) Any written law relating to the trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial convened in Malawi as if this section had not been passed.

Notice of trial of protected persons 5.—(1) The court before which—

(a) a protected prisoner of war is brought up for trial for an protected offence; or
(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more,

shall not proceed with the trial unless it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2) so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power and, if the accused is a protected prisoner of war, on the accused (in a language which he understands) and on the prisoner's representative.
(2) The particulars referred to in subsection (1) are—

(a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;
(b) his place of detention, internment or residence;
(c) the statement and particulars of the offence with which he is charged; and
(d) the court before which the trial is to take place and the time and place appointed for the first hearing or trial.

(3) For the purposes of this section a document purporting—

(a) to be signed on behalf of the protecting power or by the prisoner's representative or by the person accused, as the case may be; and
(b) to be an acknowledgment of the receipt-by that power, representative or person on a specified day of a notice described therein as a notice under this section,

shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that power, representative or person on that day.
(4) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding any thing in any other written law, remand the accused for the period of the adjournment.

Legal representation of certain persones 6.—(1) The court before which—

(a) any person is brought up for trial for an offence under section 4; or
(b) a protected prisoner of war is brought up for trial for any offence,

shall not proceed with the trial, unless—

(i) the accused is represented by a legal practitioner; and
(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner,

and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding any thing in any other written law, the court may remand the accused for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by the accused as representing him, a legal practitioner instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of subsection (1) (ii), be regarded for the purposes of that subsection as representing the accused.
(3) Where the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of a legal practitioner, either accepted by the accused as representing him or instructed as mentioned in subsection (2) a legal practitioner assigned in pursuance of this subsection shall, without prejudice to the requirements of subsection (1) (ii), be regarded for the purposes of that subsection as representing the accused.
(4) A legal practitioner shall be assigned in pursuance of subsection (3) in such manner as the Minister may, by order, prescribe and any legal practitioner so assigned shall be entitled to be paid by the Minister out of moneys provided by Parliament such sums in respect of fees and disbursements as the Minister may direct.

Appeal by protected persons 7. Where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he may give notice of appeal or notice of his application for leave to appeal to the High Court or the Supreme Court of Appeal, as the case may be, shall, notwithstanding anything contained in any written law relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten days after the date on which he receives a notice given—

(a) in the case of a protected prisoner of war, by an officer of the armed forces of Malawi;
(b) in the case of a protected internee, by or on behalf of the superintendent of the prison in which he is confined,

that the protecting power has been notified of bis conviction and sentence.

Reduction of sentence and custody of protected persons 8.—(1) The Minister may, in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, direct that there shall be deducted from that term a period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run.
(2) The Minister may, in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of trial) for an aggregate period of not less than three months, direct that the prisoner shall be transferred from that custody to the custody of an officer of the armed forces of Malawi and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order.

SCHEDULES
Geneva Convention for the amelioration of the condition of the wounded and sick of armed forces in the field, of the 12th August, 1949.
Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed force's at sea, of the 12th August, 1949.
Geneva Convention relative to the treatment of prisoners of war, of the 12th August, 1949.
Geneva Convention relative to the protection of civilian persons in time of war, of the 12th August, 1949.

09Aug1967 - Malawi

Geneva Conventions Act

[Source: Geneva Conventions Act (1968), Official Gazette, Laws of Malawi, Chapter 12:03, pp. 1-134, 09 August 1967]

Legislation
Bookshop \| Donate Derechos \| Equipo Nizkor

18 of 1967	An Act to enable effect to be given to certain International Conventions done at Geneva on the Twelfth Day of August, one thousand nine hundred and forty-nine and for purposes connected therewith [9th August, 1967]
Short title	1. This Act may be cited as the Geneva Conventions Act.
Interpretation	2. In this Act, unless the context otherwise requires— "Conventions" means the Conventions set out in the Schedules; "court" does not include a court-martial;
Cap. 3:04	"legal practitioner" means a person entitled to practise as a legal practitioner in Malawi under the Legal Education and Legal Practitioners Act; "prisoner's representative" means, in relation to a protected prisoner of war at a particular time, the person by whom the functions of a prisoner's representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that prisoner at the camp or place at which the prisoner was, at or last before that time, detained as a protected prisoner of war; "protected internee" means a person protected by the Convention set out in the Fourth Schedule and interned in Malawi; "protected prisoner of war" means a person protected by the Convention set out in the Third Schedule; "protecting power" means, in relation to a protected prisoner of war or a protected internee, the power or organization which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to the protecting power under the Convention set out in the Third Schedule or, as the case may be, in the Fourth Schedule.
Ratification	3. The accession of the Government to the Conventions is hereby approved and ratified.
Grave breach of Conventions	4.—(1) Any person, whatever his nationality, who, whether within or without Malawi commits or aids, abets or procures the commission by any other person of any such grave breach of any of the Conventions as is referred to in the following articles respectively of those Conventions, that is to say— (a) Article 50 of the Convention set out in the First Schedule; (b) Article 51 of the Convention set out in the Second Schedule; (c) Article 130 of the Convention set out in the Third Schedule; (d) Article 147 of the Convention set out in the Fourth Schedule, shall, without prejudice to his liability under any other written law, be guilty of an offence and— (i) in the case of a grave breach causing or resulting in or contributing to the death of the person protected by the Convention in question, shall be liable to imprisonment for life; (ii) in the case of any other grave breach, shall be liable to imprisonment for fourteen years. (2) Where an offence under this section is committed without Malawi a person may be proceeded against, tried and punished therefor in any place in Malawi 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) Proceedings for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions. (4) Where in any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention, that question shall be determined by the Minister, and a certificate purporting to set out 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) Any written law relating to the trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial convened in Malawi as if this section had not been passed.
Notice of trial of protected persons	5.—(1) The court before which— (a) a protected prisoner of war is brought up for trial for an protected offence; or (b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial unless it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2) so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power and, if the accused is a protected prisoner of war, on the accused (in a language which he understands) and on the prisoner's representative. (2) The particulars referred to in subsection (1) are— (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number; (b) his place of detention, internment or residence; (c) the statement and particulars of the offence with which he is charged; and (d) the court before which the trial is to take place and the time and place appointed for the first hearing or trial. (3) For the purposes of this section a document purporting— (a) to be signed on behalf of the protecting power or by the prisoner's representative or by the person accused, as the case may be; and (b) to be an acknowledgment of the receipt-by that power, representative or person on a specified day of a notice described therein as a notice under this section, shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that power, representative or person on that day. (4) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding any thing in any other written law, remand the accused for the period of the adjournment.
Legal representation of certain persones	6.—(1) The court before which— (a) any person is brought up for trial for an offence under section 4; or (b) a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial, unless— (i) the accused is represented by a legal practitioner; and (ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner, and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding any thing in any other written law, the court may remand the accused for the period of the adjournment. (2) Where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by the accused as representing him, a legal practitioner instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of subsection (1) (ii), be regarded for the purposes of that subsection as representing the accused. (3) Where the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of a legal practitioner, either accepted by the accused as representing him or instructed as mentioned in subsection (2) a legal practitioner assigned in pursuance of this subsection shall, without prejudice to the requirements of subsection (1) (ii), be regarded for the purposes of that subsection as representing the accused. (4) A legal practitioner shall be assigned in pursuance of subsection (3) in such manner as the Minister may, by order, prescribe and any legal practitioner so assigned shall be entitled to be paid by the Minister out of moneys provided by Parliament such sums in respect of fees and disbursements as the Minister may direct.
Appeal by protected persons	7. Where a protected prisoner of war or a protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he may give notice of appeal or notice of his application for leave to appeal to the High Court or the Supreme Court of Appeal, as the case may be, shall, notwithstanding anything contained in any written law relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten days after the date on which he receives a notice given— (a) in the case of a protected prisoner of war, by an officer of the armed forces of Malawi; (b) in the case of a protected internee, by or on behalf of the superintendent of the prison in which he is confined, that the protecting power has been notified of bis conviction and sentence.

Reduction of sentence and custody of protected persons	8.—(1) The Minister may, in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, direct that there shall be deducted from that term a period not exceeding the period, if any, during which that person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run. (2) The Minister may, in a case where he is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of trial) for an aggregate period of not less than three months, direct that the prisoner shall be transferred from that custody to the custody of an officer of the armed forces of Malawi and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order.
	SCHEDULES Geneva Convention for the amelioration of the condition of the wounded and sick of armed forces in the field, of the 12th August, 1949. Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed force's at sea, of the 12th August, 1949. Geneva Convention relative to the treatment of prisoners of war, of the 12th August, 1949. Geneva Convention relative to the protection of civilian persons in time of war, of the 12th August, 1949.