'Genocide' in document 'Trinidad&Tobago - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
PRELIMINARY

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

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

Jurisdiction to Try International Crimes
8. (1) Proceedings may be brought for an offence—

(a) against section 9 or 10, if the act
constituting the offence charged is alleged
to have occurred—
(i) on or after the commencement of this section; or
(ii) on or after the applicable date but before the commencement of this section, and would have been an offence under the law of Trinidad and Tobago in force at the time the act occurred, had it occurred in Trinidad and Tobago;

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

Jurisdiction to Try International Crimes
8. (1) Proceedings may be brought for an offence—

(c) against section 9, 11 or 19 regardless of—
(i) the nationality or citizenship of the person accused;
(ii) whether or not any act forming part of the offence occurred in Trinidad and Tobago; or
(iii) whether or not the person accused was in Trinidad and Tobago at the time that the act constituting the offence occurred or at the time a decision was made to charge that person with an offence.

PART II INTERNATIONAL CRIMES AND OFFENCES AGAINST
ADMINISTRATION OF JUSTICE

International Crimes

9. (1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in Trinidad and Tobago or elsewhere—
(a) commits genocide; or
(b) conspires or agrees with any person to commit genocide, whether that genocide takes place in Trinidad and Tobago or else¬where.

(2) For the purposes of this section, “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; or
(e) forcibly transferring children of the group to another group.

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

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.