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WHEREAS Trinidad and Tobago has ratified the Rome Statute of the International Criminal Court:
And whereas it is necessary that the Statute of the International Criminal Court should have effect in Trinidad and Tobago:
ENACTED by the Parliament of Trinidad and Tobago as follows:—
PART I
PRELIMINARY
1. This Act may be cited as the International Criminal Court Act, 2006.
2. This Act shall come into force on a date appointed by the President by Proclamation, and one or more Proclamations may be made appointing different dates for different provisions.
3. The purpose of this Act is—
(a) to make provision in Trinidad and Tobago law for the punishment of certain international crimes, namely, genocide, crimes against humanity and war crimes; and
(b) to enable Trinidad and Tobago to co-operate with the International Criminal Court established by the Rome Statute in the performance of its functions.
4. (1) In this Act, unless the context otherwise requires—
“Appeals Chamber” means the Appeals Chamber of the ICC;
“appropriate Trinidad and Tobago authority” means the body that is lawfully respon¬sible for the performance of the relevant function, or functions of a like kind;
“Attorney General” means the Attorney General of Trinidad and Tobago;
“forfeiture order” means an order made by the ICC under article 77(2)(b) of the Statute or under the Rules for the forfeiture of tainted property; and includes a forfeiture order that is treated for the purposes of enforcement as a fine under section 131;
“High Court” means the High Court of Justice of Trinidad and Tobago constituted under the Supreme Court of Judicature Act and the Constitution;
“ICC” means the International Criminal Court established under the Statute; and includes any of the organs of the International Criminal Court referred to in the Statute;
“ICC prisoner” means a person who is—
(a) sentenced to imprisonment by the ICC; or
(b) the subject of a request by the ICC under section 171(1)(b) to be held in custody during a sitting of the ICC in Trinidad and Tobago;
“international crime” means, in relation to the ICC, a crime in respect of which the ICC has jurisdiction under Article 5 of the Statute;
“minister” means the minister to whom National Security is assigned;
“Trinidad and Tobago prisoner” or “prisoner” means a person who is for the time being in the legal custody of any Trinidad and Tobago prison, whether or not that person has been convicted of an offence;
“Pre-Trial Chamber” means the Pre-Trial Chamber of the ICC;
“property” means real or personal property of every description, whether situated in Trinidad and Tobago or elsewhere and whether tangible or intangible; and includes an interest in any such real or personal property;
“Prosecutor” means the Prosecutor of the ICC;
“Register” means the Registry of the Supreme Court of Judicature;
“Rules” means the Rules of Procedure and Evidence made under article 51 of the Statute;
“Statute” means the Rome Statute of the ICC dated 17th July, 1998 referred to in the Schedule;
“Trial Chamber” means the Trial Chamber of the ICC.
(2) For the purposes of Parts I to XI a reference—
(a) in those Parts to a request by the ICC for assistance includes a reference to a request by the ICC for co-operation;
(b) in those Parts to a request by the ICC for assistance under a specified provision or in relation to a particular matter includes a reference to a request by the ICC for co-operation under that provision or in relation to that matter;
(c) in those Parts to a figure in brackets immediately following the number of an article of the Statute is a reference to the paragraph of that article with the number corresponding to the figure in brackets;
(d) to a sentence of imprisonment imposed by the ICC includes a reference to a sentence of imprisonment extended by the ICC whether for the non-payment of a fine or otherwise; and
(e) to a sentence of imprisonment imposed by the ICC for an international crime or an offence against the administration of justice includes a reference to a sentence of imprisonment imposed by the ICC for non-payment of a fine that was a penalty for that crime or offence, as the case may be.
5. This Act binds the State.
Act to bind the State
6. (1) The provisions of the Statute specified in subsection (2), shall have the force of law in Trinidad and Tobago in relation to the following matters:
(a) the making of requests by the ICC to Trinidad and Tobago for assistance and the method of dealing with those requests;
(b) the conduct of an investigation by the Prosecutor or the ICC;
(c) the bringing and determination of proceedings before the ICC;
(d) the enforcement in Trinidad and Tobago of sentences of imprisonment or other measures imposed by the ICC, and any related matters; and
(e) the making of requests by Trinidad and Tobago to the ICC for assistance and the method of dealing with those requests.
(2) Subsection (1) applies in relation to the following provisions of the Statute:
(a) Part 2, which relates to jurisdiction, admissibility and applicable law;
(b) Part 3, which relates to general principles of criminal law;
(c) articles 51 and 52 of the Statute, which relate respectively to the Rules of Procedure and Evidence, and Regulations of the ICC; Obligations imposed by Statute or Rules
(d) Part 5, which relates to the investigation and prosecution of crimes within the jurisdiction of the ICC;
(e) Part 6, which relates to the conduct of trials;
(j) Part 7, which relates to penalties;
(g) Part 8, which relates to appeals and revision of acquittals, convictions, or sentences;
(Ii) Part 9, which relates to international
co-operation and judicial assistance; and
(i) Part 10, which relates to the enforce¬ment of sentences and other measures imposed by the ICC.
PART I
PRELIMINARY
5. This Act binds the State.
PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction in respect of international crimes
General Principles of Criminal Law
12. (1) For the purposes of proceedings for an offence under section 9, 10 or 11—
(b) the provisions of Trinidad and Tobago law and the principles of criminal law applicable to the offence under Trinidad and Tobago law apply;
PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction in respect of international crimes
General Principles of Criminal Law
12. (2) For the purposes of subsection (1)(a), the articles of the Statute specified in that subsection, other than article 20, apply as if—
(a) a reference to the ICC were a reference to the Trinidad and Tobago Court exercising jurisdiction in respect of the proceedings; and
(b) a reference to the Statute includes a reference to this Act.
(3) If there is any inconsistency between the provisions specified in subsection (1)(a) and the provisions and principles specified in subsections (1)(b) and (1)(c), the provisions specified in subsection (1)(a) shall prevail.