Practice Relating to Rule 156. Definition of War Crimes
Kenya’s International Crimes Act (2008) states:
(1) A person who, in Kenya or elsewhere, commits –
(c) a war crime, is guilty of an offence.
(2) A person who, in Kenya or elsewhere, conspires or attempts to commit, or is an accessory after the fact in relation to, or who counsels in relation to, an offence mentioned in subsection (1) is guilty of an offence.
(3) A person who commits an offence under subsection (1) or (2) shall on conviction be liable –
(a) to be punished as for murder, if an intentional killing forms the basis of the offence; or
(b) to imprisonment for life or for a lesser term, in any other case.
(4) In this section –
“war crime” has the meaning ascribed to it in paragraph 2 of article 8 of the Rome [1998 ICC] Statute.