Jump to:
OFFENCES WITHIN CANADA
Genocide, etc., committed in Canada
4. (1) Every person is guilty of an indictable offence who commits
(a) genocide;
(b) a crime against humanity; or
(c) a war crime.
Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence.
OFFENCES WITHIN CANADA
Breach of responsibility by military commander
*5. (1) A military commander commits an indictable offence if
(a) the military commander
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result the
person commits an offence under section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly
over a person under their effective command and control or effective authority
and control, and as a result the person commits an offence under section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]
Breach of responsibility by a superior
*(2) A superior commits an indictable offence if
(a) the superior
(i) fails to exercise control properly over a person under their effective authority
and control, and as a result the person commits an offence under section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly
over a person under their effective authority and control, and as a result the
person commits an offence under section 6;
(b) the superior knows that the person is about to commit or is committing such an
offence, or consciously disregards information that clearly indicates that such an
offence is about to be committed or is being committed by the person;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]
Conspiracy, attempt, etc.
(2.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or
(2) is guilty of an indictable offence.
OFFENCES OUTSIDE CANADA
6.
Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with section 8.
Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence.
OFFENCES OUTSIDE CANADA
Breach of responsibility by military commander
7. (1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result the
person commits an offence under section 4, or
(ii) fails, before or after the coming into force of this section, to exercise control
properly over a person under their effective command and control or effective
authority and control, and as a result the person commits an offence under
section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
Breach of responsibility by a superior
(2) A superior commits an indictable offence if
(a) the superior, outside Canada,
(i) fails to exercise control properly over a person under their effective authority
and control, and as a result the person commits an offence under section 4, or
(ii) fails, before or after the coming into force of this section, to exercise control
properly over a person under their effective authority and control, and as a
result the person commits an offence under section 6;
(b) the superior knows that the person is about to commit or is committing such an
offence, or consciously disregards information that clearly indicates that such an
offence is about to be committed or is being committed by the person;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
Conspiracy, attempt, etc.
(2.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or
(2) is guilty of an indictable offence.
Jurisdiction
(3) A person who is alleged to have committed an offence under subsection (1),
(2) or (2.1) may be prosecuted for that offence in accordance with section 8.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Obstructing justice
16. (1) Every person who wilfully attempts in any manner to obstruct, pervert or
defeat the course of justice of the International Criminal Court is guilty of an indictable
offence and liable to imprisonment for a term of not more than 10 years.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Obstructing officials
17. Every person who resists or wilfully obstructs an official of the International
Criminal Court in the execution of their duty or any person lawfully acting in aid of such
an official
(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than two years; or
(b) is guilty of an offence punishable on summary conviction.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Offences against the International Criminal Court -- outside Canada
25. (1) Every person who, being a Canadian citizen, commits outside Canada an
act or omission in relation to the International Criminal Court that if committed in
Canada would be an offence under any of sections 16 to 23, or would be contempt of
court by virtue of section 9 of the Criminal Code, is deemed to have committed that act
or omission in Canada.
Offences against the International Criminal Court -- outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act
or omission that if committed in Canada would constitute conspiring or attempting to
commit, being an accessory after the fact in relation to, or counselling in relation to, an
act or omission that is an offence or a contempt of court under subsection (1) is
deemed to have committed that act or omission in Canada.
Retaliation against witnesses -- outside Canada
26. (1) Every person who, being a Canadian citizen, commits outside Canada an
act or omission against a person or a member of the person's family in retaliation for
the person having given testimony before the International Criminal Court, that if
committed in Canada would be an offence under any of sections 235, 236, 264.1, 266
to 269, 271 to 273, 279 to 283, 430, 433 and 434 of the Criminal Code, is deemed to
have committed that act or omission in Canada.
Retaliation against witnesses -- outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act
or omission that if committed in Canada would constitute conspiring or attempting to
commit, being an accessory after the fact in relation to, or counselling in relation to, an
act or omission that is an offence under subsection (1) is deemed to have committed
that act or omission in Canada.
OFFENCES WITHIN CANADA
4. Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence.
OFFENCES WITHIN CANADA
5. Breach of responsibility by military commander
(1) A military commander commits an indictable offence if
(a) the military commander
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result the person commits an offence under section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly
over a person under their effective command and control or effective authority
and control, and as a result the person commits an offence under section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]
5. Breach of responsibility by a superior
(2) A superior commits an indictable offence if
(a) the superior
(i) fails to exercise control properly over a person under their effective authority
and control, and as a result the person commits an offence under section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly
over a person under their effective authority and control, and as a result the
person commits an offence under section 6;
(b) the superior knows that the person is about to commit or is committing such an
offence, or consciously disregards information that clearly indicates that such an
offence is about to be committed or is being committed by the person;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]
5. Conspiracy, attempt, etc.
(2.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.
OFFENCES OUTSIDE CANADA
6. Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with section 8.
6. Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence.
OFFENCES OUTSIDE CANADA
7. Breach of responsibility by military commander
(1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result the
person commits an offence under section 4, or
(ii) fails, before or after the coming into force of this section, to exercise control
properly over a person under their effective command and control or effective
authority and control, and as a result the person commits an offence under
section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
7. Breach of responsibility by a superior
(2) A superior commits an indictable offence if
(a) the superior, outside Canada,
(i) fails to exercise control properly over a person under their effective authority
and control, and as a result the person commits an offence under section 4, or
(ii) fails, before or after the coming into force of this section, to exercise control
properly over a person under their effective authority and control, and as a
result the person commits an offence under section 6;
(b) the superior knows that the person is about to commit or is committing such an
offence, or consciously disregards information that clearly indicates that such an
offence is about to be committed or is being committed by the person;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
7. Conspiracy, attempt, etc.
(2.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or
(2) is guilty of an indictable offence.
7. Jurisdiction
(3) A person who is alleged to have committed an offence under subsection (1),
(2) or (2.1) may be prosecuted for that offence in accordance with section 8.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
16. Obstructing justice
(1) Every person who wilfully attempts in any manner to obstruct, pervert or
defeat the course of justice of the International Criminal Court is guilty of an indictable
offence and liable to imprisonment for a term of not more than 10 years.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
17. Obstructing officials
Every person who resists or wilfully obstructs an official of the International
Criminal Court in the execution of their duty or any person lawfully acting in aid of such
an official
(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than two years; or
(b) is guilty of an offence punishable on summary conviction.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
25. Offences against the International Criminal Court -- outside Canada
(1) Every person who, being a Canadian citizen, commits outside Canada an
act or omission in relation to the International Criminal Court that if committed in
Canada would be an offence under any of sections 16 to 23, or would be contempt of
court by virtue of section 9 of the Criminal Code, is deemed to have committed that act
or omission in Canada.
25. Offences against the International Criminal Court -- outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act
or omission that if committed in Canada would constitute conspiring or attempting to
commit, being an accessory after the fact in relation to, or counselling in relation to, an
act or omission that is an offence or a contempt of court under subsection (1) is
deemed to have committed that act or omission in Canada.
26. Retaliation against witnesses -- outside Canada
(1) Every person who, being a Canadian citizen, commits outside Canada an
act or omission against a person or a member of the person's family in retaliation for
the person having given testimony before the International Criminal Court, that if
committed in Canada would be an offence under any of sections 235, 236, 264.1, 266
to 269, 271 to 273, 279 to 283, 430, 433 and 434 of the Criminal Code, is deemed to
have committed that act or omission in Canada.
26. Retaliation against witnesses -- outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act
or omission that if committed in Canada would constitute conspiring or attempting to
commit, being an accessory after the fact in relation to, or counselling in relation to, an
act or omission that is an offence under subsection (1) is deemed to have committed
that act or omission in Canada.
Crimes Against Humanity and War Crimes Act 2000
4. (1) Every person is guilty of an indictable offence who commits
(a) genocide;
(b) a crime against humanity; or
(c) a war crime.
(1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence,
Crimes Against Humanity and War Crimes Act 2000
5. (1) A military commander commits an indictable offence if
(a) the military commander
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result theperson commits an offence under, section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly
over a person under their effective command and control or effective authority
and control, and as a result the person commits an offence under;
(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or, 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
(2) A superior commits an indictable offence if
(a) the superior
(i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under, section 4, or
(ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under; section 6;
(b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;
(c) the offence relates to activities for which the superior has effective authority and control; and
(d) the superior subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or, 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable
measures within their power to submit the matter to the competent authorities
for investigation and prosecution.
(2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.
Crimes Against Humanity and War Crimes Act 2000
6. (1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with. section 8.
(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.
Crimes Against Humanity and War Crimes Act 2000
7. (1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result the
person commits an offence under, section 4, or
(ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under; section 6;
(b) the military commander knows, or is criminally negligent in failing to know, that
the person is about to commit or is committing such an offence; and
(c) the military commander subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures
within their power to prevent or repress the commission of the offence, or the
further commission of offences under section 4 or, 6, or
(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
(2) A superior commits an indictable offence if
(a) the superior, outside Canada,
(i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under, section 4, or (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under; section 6;
(b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;
(c) the offence relates to activities for which the superior has effective authority and control; and
(d) the superior subsequently
(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences underor, or
(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
(2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.
(3) A person who is alleged to have committed an offence under subsection (1),
(2) or (2.1) may be prosecuted for that offence in accordance with. section 8.
Crimes Against Humanity and War Crimes Act 2000
17. Every person who resists or wilfully obstructs an official of the International Criminal Court in the execution of their duty or any person lawfully acting in aid of such an official
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.
Crimes Against Humanity and War Crimes Act 2000
25. (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission in relation to the International Criminal Court that if committed in Canada would be an offence under any of sections 16 to, 23, or would be contempt of court by virtue of section 9 of the, Criminal Code, is deemed to have committed that act
or omission in Canada.
(2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence or a contempt of court under subsection (1) is deemed to have committed that act or omission in Canada.
26. (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission against a person or a member of the person’s family in retaliation for the person having given testimony before the International Criminal Court, that if committed in Canada would be an offence under any of, , , sections 235, 236, 264.1, 266 to, 269, 271 to, 273, 279 to, , 283, 430, 433 and 434 of the, Criminal Code, is deemed to have committed that act or omission in Canada.
(2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence under subsection (1) is deemed to have committed that act or omission in Canada.
Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.
This provision is wider than the ICC Statute.
Generally, the scope of individual criminal responsibility provided for in the CAHWCA is slightly wider than that contained in the Rome Statute (see also the keywords for "incitement" and "unique provisions - modes of liability").