PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to try international crimes

8.
Jurisdiction in respect of international crimes—

(3)If this subsection applies, the maximum term of imprisonment or the maximum fine that may be imposed on the offender is either—

(a)the maximum term or the maximum fine that could have been imposed under the laws of New Zealand at the time of the offence, if that maximum has subsequently been increased; or

(b)the maximum term or the maximum fine that can be imposed on the day on which sentence is to be passed, if that maximum is less than that prescribed at the time of the offence.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

International crimes

9.
Genocide—

(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.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

International crimes

10.
Crimes against humanity—

(3)The penalty for a crime against humanity 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.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

International crimes

11.
War crimes—

(3)The penalty for a war crime 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

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.