Practice Relating to Rule 158. Prosecution of War Crimes
Malawi’s Geneva Conventions Act (1967) provides:
(1) Any person, whatever his nationality, who, whether within or without Malawi commits or aids, abets or procures the commission by another person of any such grave breach of any of the [1949 Geneva] Conventions as is referred to in [Article 50 of the 1949 Geneva Convention I, Article 51 of the 1949 Geneva Convention II, Article 130 of the 1949 Geneva Convention III and Article 147 of the 1949 Geneva Convention IV] shall without prejudice to his liability under any other written law be guilty of an offence and [be liable to imprisonment].
(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.