CHAPTER TWO
Offences
PART III
OFFENCES AGAINST PUBLIC ORDER
Affray and Violent and Disorderly Offences
Advocating Genocide
358.-(1) Every one who advocates or promotes genocide commits an indictable offence and is liable to imprisonment for fifteen years.
(2) In this section, “genocide” means any of the following acts committed with intent to destroy in whole or in part any identifiable group , namely —
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calcuated to bring about its physical destruction.
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.
(4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion or ethnic origin.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.