PART I
PRELIMINARY

3. Interpretation -
(1) In this Act, unless the contest otherwise requires – “court” means the Supreme Court; “crime within the jurisdiction of the ICC” means:

(b) an offence against the administration of justice over which the ICC has jurisdiction under article 70 of the Statute;
“ICC” means the International Criminal Court established under the Statute;
“ICC prisoner” means a person on whom a sentence of imprisonment has been imposed by the ICC and includes a person who is held in custody at the request of the ICC during a sitting of the ICC in Samoa;
“judge” means a judge of the Supreme Court; “Minister” means the Minister of Justice;
“Pre-Trial Chamber” means the Pre-Trial Chamber of the ICC;
“property” means movable or immovable property of every description, whether situated in Samoa or elsewhere and whether tangible or intangible and includes an interest in any such movable or immovable property;
“Prosecutor” means the Prosecutor of the ICC;
“restraining order” means an order prohibiting any person from dealing in the property specified in the order other than in accordance with the conditions and exceptions specified in the order;
“Rules” means the Rules of Procedure and Evidence adopted under article 51 of the Statute;
“seizing order” means an order authorising a police officer to search for any property and to seize the property if found or any other property that the police officer believes on reasonable grounds may relate to the request from the ICC;
“Statute” means the Rome Statute of the ICC set out in Schedule 1 to this Act;
“Trial Chamber” means the Trial Chamber of the ICC;
“conventional international law” means a convention, treaty or other international agreement to which Samoa is a party and for the time being in force.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


17. Corruption of Judge etc. -

(1) A Judge who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for themselves or any other person in respect of an act –
(a) done or omitted to be done by that Judge in the Judge’s judicial capacity; or
(b) to be done or to be omitted to be done by that Judge in the Judge’s judicial capacity, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 7 years.

(2) A Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act –
(a) done or omitted to be done by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor, in the person’s official capacity (other than an act or omission to which subsection (1) applies); or
(b) to be done or to be omitted to be done by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor in the person’s official capacity (other than an act or omission to which subsection (1) applies), shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(3) In this section and in sections 18 and 23 –
“Deputy Registrar” means a Deputy Registrar of the ICC;
“Judge” means a Judge of the ICC;
“Registrar” means the Registrar of the ICC
“Prosecutor” means the Prosecutor of the ICC; and
“Deputy Prosecutor” means a Deputy Prosecutor of the ICC.


18. Bribery of Judge etc. -

(1) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in the Judge’s judicial capacity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(2) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor or in respect of an act or omission by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor in the person’s official capacity (other than an act or omission to which subsection (1) applies) shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.


19. Corruption and bribery of official of ICC -

(1) An official of the ICC who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for themselves or any other person in respect of an act –

(a) done or omitted to be done by that officer in the person’s official capacity; or
(b) to be done or to be omitted to be done by that officer in the person’s official capacity, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(2) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in the person’s official capacity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(3) In this section and in section 23, “official of the ICC” means a person employed under article 44 of the Statute.


20. False evidence -

(1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Samoa as evidence on oath, would constitute perjury, shall be deemed to have given false evidence.

(2) Every person, who in Samoa or elsewhere, gives false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 2 years.


21. Fabricating evidence before ICC -

Every person who, in Samoa or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than by the giving of false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.


22. Conspiracy to defeat justice in ICC -

Every person who, in Samoa or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice, shall be guilty of an offence and shall be liable, on conviction to imprisonment for a term not exceeding 3 years.


23. Interference with witnesses or officials -

Every person who, in Samoa or elsewhere –

(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or
(b) makes threats or uses force against any Judge, the Registrar, or a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC with intent to influence or punish that person, in respect of an act –
(i) done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or
(ii) to be done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or
(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.


24. Jurisdiction to try offences under sections 17 to 23 -

(1) Where an act constituting an offence under sections 17 to 23 is committed by any person outside the territory of Samoa, proceedings may be instituted against that person for that offence in Samoa, if –

(a) the offence is committed in Samoa;
(b) the person is a citizen or permanent resident of Samoa;
(c) the person has committed the offence against a citizen or permanent resident of Samoa; or
(d) the person is, after the commission of the offence, present in Samoa.


25. Trial of offences committed outside Samoa –

Where an act constituting an offence under this Part of this Act is alleged to have been committed by a person outside the territory of Samoa, proceedings may be instituted against such person for that offence in any court in Samoa having jurisdiction to try such offences, and such court shall have all the powers to try such offence as if the offence had been committed within the territorial limits of the court’s jurisdiction.


26. Attorney General’s consent required for prosecutions under sections 17 to 23 -

(1) No proceedings for an offence under sections 17 to 23 shall be instituted in any court in Samoa except with the consent of the Attorney General.

(2) Notwithstanding anything in subsection (1), a person charged with an offence under sections 17 to 23 may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General for the institution of proceedings against that person for that offence has not been obtained, but no further steps shall be taken in the proceedings until that consent has been obtained.

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:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(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;
(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;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.