Crimes Against Humanity and War Crimes Act 2000

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.

(2) Without restricting the generality of subsection (1), every person is deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing or proposed proceeding of the International Criminal Court

(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or

(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.

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.

18. Every person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years who

(a) being a judge or an official of the International Criminal Court, corruptly accepts, obtains, agrees to accept or attempts to obtain for themselves or any other person any money, valuable consideration, office, place or employment

(i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

(ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court; or

(b) gives or offers, corruptly, to a judge or an official of the International Criminal Court, any money, valuable consideration, office, place or employment

(i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

(ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court.

19. (1) Subject to subsection (5), every person commits perjury who, with intent to mislead, makes a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, before a judge of the International Criminal Court or an official of that Court who is authorized by the Court to permit statements to be made before them.

(2) Subject to subsection (5), every person who gives evidence under subsection 46(2) of the, Canada Evidence Act, or gives evidence or a statement under an order made under section 22.2 of the, Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

(3) Every person who commits perjury is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

(4) Subsection (1) applies whether or not a statement is made in a judicial proceeding of the International Criminal Court.

(5) Subsections (1) and (2) do not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.

20. (1) Every person who, being a witness in a proceeding of the International Criminal Court, gives evidence with respect to any matter of fact or knowledge and who later, in a proceeding of that Court, gives evidence that is contrary to their previous evidence, and who, in giving evidence in either proceeding, intends to mislead, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, whether or not the prior or later evidence is true.

(2) Evidence given under, , section 714.1, 714.2, 714.3 or 714.4 of the Criminal Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the, Mutual Legal Assistance in Criminal Matters Act, is deemed to be evidence given by a witness in a proceeding for the purpose of subsection (1).

(3) Despite the definition “evidence” in section 118 of the, Criminal Code, for the purpose of this section, “evidence”does not include evidence that is not material.

(4) If a person is charged with an offence under this section, a certificate that specifies with reasonable particularity the proceeding in which the person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a proceeding of the International Criminal Court, without proof of the signature or official character of the person by whom the certificate purports to be signed, if it purports to be signed by the Registrar of that Court or another official having the custody of the record of that proceeding or by their lawful deputy.

21. Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in an existing or proposed proceeding of the International Criminal Court, by any means other than perjury or incitement to perjury, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

22. Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who, in respect of an existing or proposed proceeding of the International Criminal Court,

(a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before them when the writing was not so sworn or declared or when they know that they have no authority to administer the oath or declaration;

(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that they know was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized to administer the oath or declaration; or

(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by them, as the case may be, when the writing was not so sworn or declared .

23. Every person who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that the person has a lawful right to do, or to do anything that the person has a lawful right to abstain from doing, in relation to a proceeding of the International Criminal Court, causes the person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) is guilty of an offence punishable on summary conviction .

24. For greater certainty, the definition “internationally protected person” in section 2 of the Criminal Code includes judges and officials of the International Criminal Court.

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 70
Offences against the administration of justice
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.