OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
16.
When deemed to have obstructed justice
(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

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Intimidation
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.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


16. When deemed to have obstructed justice

(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;

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


23. Intimidation

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.

Crimes Against Humanity and War Crimes Act 2000

(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

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.

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.

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:
(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

This provision is wider than the ICC Statute.

 

The CAHWCA 2000 provides that it is forbidden to threaten or intimidate a witness in an attempt to make them say or do (or not say or do) something they otherwise would have. This wording is not reflected in the Rome Statute. Such conduct invites a penalty of 10 years (for corruptly influencing a witness) and five years for causing an individual to fear for their safety or the safety of their family. The penalty of 10 years imprisonment is significantly longer than the 5 year maximum prison sentence prescribed by the Rome Statute