Part II – International Crimes and Offences Against The Administration of Justice

Offences against Administration of Justice

10. Corruption of Judge
(1) A Judge is liable on conviction on indictment to imprisonment for a term not exceeding 14 years who, in Uganda or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act –

(a) done or omitted by that Judge in his or her judicial capacity; or

(b) to be done or to be omitted by that Judge in his or her judicial capacity.

(2) A Judge, the Registrar, and Deputy Registrar shall be liable on conviction on indictment to imprisonment for a term not exceeding 7 years if, in Uganda or elsewhere, that Judge, Registrar, or Deputy Registrar corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act –

(a) done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies); or

(b) to be done or to be omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies).

(3) In this Section and in sections 11 and 16 –

“Deputy Registrar” means a Deputy Registrar of the ICC;

“Judge” means a Judge of the ICC; and

“Registrar” means the Registrar of the ICC.

11. Bribery of Judge, etc.
(1) A person is liable on conviction to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar in respect of an act or omission by that Judge, Registrar, or Deputy Registrar in his or her official capacity (other than an act or omission to which subsection (1) applies).

12. Corruption and bribery of official of ICC
(1) An official of the ICC is liable to imprisonment on conviction for a term not exceeding 7 years who, in Uganda or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act –

(a)done or omitted by that officer in his or her official capacity; or

(c) to be done or omitted by that officer in his or her official capacity.

(2) A person is liable on conviction to imprisonment for a term not exceeding 3 years who, in Uganda or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in his or her official capacity.

(3)In this section and in section 16, an “official of the ICC” means a person employed under article 44 of the Statute.

13. False evidence.
(1) A person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Uganda as evidence on oath, would be perjury, gives false evidence.

(2) A person is liable, on conviction on indictment, to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere, gives false evidence.

(3) Notwithstanding subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

14. Fabricating evidence before ICC.
A person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.

15. Conspiracy to defeat justice in ICC.
A person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.

16. Interference with witnesses or officials.
A person is liable on conviction to imprisonment for a term not exceeding 7 years who, in Uganda or elsewhere –

(a) dissuades or attempts to dissuade any person, by threat, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or

(b) makes threats or uses force against any Judge, the Registrar, a Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act –

(i) done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, or any official of the ICC, in his or her official capacity; or

(ii) to be done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, or any official of the ICC, in his or her official capacity; or

(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.