'Genocide' in document 'New Zealand - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Purpose—

3.
The purpose of this Act is—

(a)to make further provision in New Zealand law for the punishment of certain international crimes, namely, genocide, crimes against humanity, and war crimes; and

PART 1 - PRELIMINARY PROVISIONS

4.
Interpretation—

(1)In this Act, unless the context otherwise requires,—

"international crime'' means, in relation to the ICC, a crime in respect of which the ICC has jurisdiction under article 5 of the Statute

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

International crimes

9.
Genocide—

(1)Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in New Zealand or elsewhere,—

(a)commits genocide; or

(b)conspires or agrees with any person to commit genocide, whether that genocide is to take place in New Zealand or elsewhere.


(2)For the purposes of this section, ``genocide'' is an act referred to in article 6 of the Statute.


(3)The penalty for genocide, or conspiring with, or agreeing with any person to commit genocide is,—

(a)if the offence involves the wilful killing of a person, the same as the penalty for murder:

(b)in any other case, imprisonment for life or a lesser term.

Cf Statute, article 6

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.