Practice Relating to Rule 88. Non-Discrimination
New Zealand’s Military Manual (1992) provides that “practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination”, when committed wilfully, are grave breaches of the 1949 Geneva Conventions or of the 1977 Additional Protocol I.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides: “Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.”
Under New Zealand’s International Crimes and ICC Act (2000), crimes against humanity include the crime defined in Article 7(1)(j) of the 1998 ICC Statute.