Samoa

International Criminal Court Act 2007, No.26

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.

Keywords

War crimes
National penalties - war crimes
Customary international law
National penalties - life imprisonment



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