Independent State of Samoa

Rome Statute July 17, 1998 Sept. 16, 2002
APIC April 8, 2016

Implementation Notes

In 2007, Samoa adopted a comprehensive ICC Act, covering both crimes and cooperation. Based upon the Commonwealth Secretariat’s Model Law on ICC Implementation, the legislation is very detailed and expands on the provisions of the Rome Statute in numerous aspects. Crimes covered by the Act are defined by the Rome Statute, but also by customary international law or other sources of international law. However, Samoa’s ICC Act seems to fall short of the Rome Statute with regard to forms of individual criminal responsibility for crimes, covering only individual commission. The cooperation regime is extensively developed, often referring to the Rules of Procedure and Evidence as support, although every request requires ministerial approval. Samoa’s ICC Act contains detailed provisions to cover the eventuality of the ICC sitting in Samoa and provisions regulating the repatriation of ICC prisoners who have served their sentence in Samoa.

National Implementing Legislation

Faamasinoga a le Lalolagi mo Solitulafono Faava o Malo
International Criminal Court Act 2007, No.26

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