'National penalties - life imprisonment' 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 -

(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.

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).

(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.

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

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).

(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.

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