'Impeding, intimidating or corruptly influencing an official of the Court' in document 'Canada: CAH and WC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Bribery of judges and officials
18. Every person is guilty of an indictable offence and is liable to imprisonment for
a term of not more than 14 years who
(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.

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


18. Bribery of judges and officials

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

(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.

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

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

(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.

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.

RELEVANT ROME STATUTE PROVISIONS

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:
(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

ANALYSIS

This provision is wider than the ICC Statute.

 

The CAHWCA 2000 provides that any individual who commits this offence in Canada may be imprisoned for up to 14 years, which is significantly longer than the 5 year penalty allowed under the Rome Statute.