'Genocide' in document 'Samoa: ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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:

(a) a crime over which the ICC has jurisdiction under article 5 of the Statute;

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).

(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.

(3) Any person who is convicted of an offence under subsection (1) shall be punishable to life imprisonment.

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.