PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

5. Genocide -

(1) Every person who, in Samoa or elsewhere –
(a) commits genocide; or
(b) conspires or agrees with any person to commit genocide, whether that genocide is to be committed in Samoa or elsewhere, shall be guilty of an offence and shall be liable, on conviction to the penalty specified in subsection (3).

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

6. Crimes against humanity -

(1) Every person who, in Samoa or elsewhere, commits a crime against humanity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to the penalty specified in subsection (3).

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

7. War crimes -

(1) Every person who, in Samoa or elsewhere, commits a war crime shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to the penalty specified in subsection (3).

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

11. Responsibility of Commanders and other superiors -

(1) A military commander or a person effectively acting as a military commander shall be responsible for an offence under sections 5, 6 or 7 committed by forces under that person’s effective command and control or as the case may be, under that person’s effective authority and control, as a result of that person’s failure to exercise control properly over such forces where –
(a) the person either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and
(b) the person failed to take all necessary and reasonable measures within the person’s power to prevent or repress their commission or to submit the matter to the competent authorities for investigation or prosecution.

(2) With respect to superior and subordinate relationships not described in subsection (1), a superior shall be criminally responsible for offences under sections 5, 6 or 7 committed by subordinates under the person’s effective authority and control, as a result of the person’s failure to exercise control over such subordinates where –
(a) the person either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offence;
(b) the offences concerned activities that were within the effective responsibility and control of the superior; and
(c) the person failed to take all necessary and reasonable measures within the person’s power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(3) A person responsible under this section for an offence under sections 5, 6 or 7 shall, for the purposes of this Part of this Act, be regarded as having aided, abetted, counseled or procured the commission of that offence.

PART II
INTERNATIONAL CRIMES AND OFFECNES AGAINST THE ADMINISTRATION OF JUSTICE

7. War crimes-(1) Every person who, in Samoa or elsewhere, commits a war crime shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to the penalty specified in subsection (3).

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.