'Nullum crimen sine lege' in document 'Samoa: ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

5. Genocide -

(2) For the purposes of this section, “genocide” is an act specified in article 6 of the Statute and includes any other act which, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of it being criminal according to the general principles of law recognised by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

6. Crimes against humanity -

(2) For the purposes of this section, “crime against humanity” is an act specified in article 7 of the Statute and includes any other act which, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of it being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

7. War crimes -

(2) For the purposes of this section, a “war crime” means an act specified in article 8(2) of the Statute and any other act committed during an armed conflict which, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

RELEVANT ROME STATUTE PROVISIONS

Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.