Samoa

State Party: yes
Date signed: July 17, 1998
Date ratified: Sept. 16, 2002

National Legislation

International Criminal Court Act 2007, No.26
The Constitution of the Independent State of Samoa
O le Faavae o le Malo Tutoatasi o Samoa
Faamasinoga a le Lalolagi mo Solitulafono Faava o Malo
Crimes Act 2013

Overview

In 2007, Samoa adopted a comprehensive ICC Act, covering both crimes and cooperation. Based upon the Commonwealth Secretariat’s Model Law on ICC Implementation, the legislation is very detailed and expands on the provisions of the Rome Statute in numerous aspects. Crimes covered by the Act are defined by the Rome Statute, but also by customary international law or other sources of international law. However, Samoa’s ICC Act seems to fall short of the Rome Statute with regard to forms of individual criminal responsibility for crimes, covering only individual commission. The cooperation regime is extensively developed, often referring to the Rules of Procedure and Evidence as support, although every request requires ministerial approval. Samoa’s ICC Act contains detailed provisions to cover the eventuality of the ICC sitting in Samoa and provisions regulating the repatriation of ICC prisoners who have served their sentence in Samoa.

Coverage

View relevant provisions here.