National penalties - national proceedings

Trinidad and Tobago

Genocide Act (Chapter 11:20)

CHAPTER 11:20

GENOCIDE ACT

An Act to give effect to the Genocide Convention.

[31ST JANUARY 1977]

3. (1) A person who commits any act falling within the definition of “genocide” in Article II of the Genocide Convention as set out in the Schedule is liable on conviction on indictment—

(b) to imprisonment for fourteen years in any other case.

CHAPTER 11:20

GENOCIDE ACT

An Act to give effect to the Genocide Convention.

[31ST JANUARY 1977]

3. (1) A person who commits any act falling within the definition of “genocide” in Article II of the Genocide Convention as set out in the Schedule is liable on conviction on indictment—

(a) to the same punishment as is provided for murder if the act committed was the one specified in paragraph (a) of the said Article II; or

(b) to imprisonment for fourteen years in any other case.

The Geneva Conventions Act, 2008

PART II
PUNISHMENT OF OFFENDERS UNDER THE CONVENTIONS AND PROTOCOL I

3. Punishment of grave breaches of the Conventions and Protocol I

3. (2) The penalty for an offence under subsection (1) is—

(a) where the offence involves the wilful killing of a person protected by the relevant Convention or by Protocol I, the penalty for murder; and

(b) in any other case, imprisonment for life.

PART IV
USE OF THE RED CROSS AND OTHER EMBLEMS, SIGNS, SIGNALS, IDENTITY CARDS, INSIGNIA AND UNIFORMS

10. Offences and penalties

10. (1) Any person who contravenes section 9(1) commits and offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of six months or both.

The International Criminal Court Act 2006

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

Jurisdiction to Try International Crimes
8.

(3) If this subsection applies, the maximum term of imprisonment or the maximum fine that may be imposed on the offender is either—
(a) the maximum term or the maximum fine that could have been imposed under the laws of Trinidad and Tobago at the time of the offence, if that maximum has subsequently been increased; or
(b) the maximum term or the maximum fine that can be imposed on the day on which sentence is to be passed, if that maximum is less than that prescribed at the time of the offence.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

International Crimes

9. (3) The penalty for genocide, or conspiring with, or agreeing with any person to commit genocide is—
(a) if the offence involves the wilful killing of a person, the same as the penalty for murder; and

(b) in any other case, imprisonment for life or a lesser term.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

International Crimes

10.(3) The penalty for a crime against humanity is—
(a) if the offence involves the wilful killing of a person, the same as the penalty for murder; or
(b) in any other case, imprisonment for life or a lesser term.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

International Crimes

11.(4) The penalty for a war crime is—
(a) if the offence involves the wilful killing of a person, the same as the penalty for murder; or
(b) in any other case, imprisonment for life or a lesser term.

PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Offences Against Administration of Justice

Offences Against Administration of Justice
15. (1) Every Judge is liable on conviction on indictment to imprisonment for fourteen years who, in Trinidad and Tobago or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or any other person in respect of an act—
(a) done or omitted by that Judge in his judicial capacity; or
(b) to be done or to be omitted by that Judge in his judicial capacity.
(2) Every Judge, the Registrar, and the Deputy Registrar is liable on conviction on indictment to imprisonment for seven years if, in Trinidad and Tobago or elsewhere, that Judge, Registrar, or Deputy Registrar corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—
(a) done or omitted by that Judge, Registrar or Deputy Registrar, in his official capacity other than an act or omission to which subsection (1) applies; or
(b) to be done or omitted by that Judge, Registrar, or Deputy Registrar, in his official capacity other than an act or omission to which subsection (1) applies.
(3) In this section and in sections 16 and 21—
“Deputy Registrar” means the Deputy Registrar of the ICC;
“Judge” means a Judge of the ICC; “Registrar” means the Registrar of the ICC.

16. (1) Every person is liable on conviction on Bribery of Judge, etc. indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in his judicial capacity.
(2) Every person is liable on conviction on indictment to imprisonment for five years who, in Trinidad and Tobago or elsewhere, corruptly gives or offers, or agrees to give a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar in respect of an act or omission by that Judge, Registrar or Deputy Registrar in his official capacity, other than an act or omission to which subsection (1) applies.

17. (1) Every official of the ICC is liable to imprisonment on conviction on indictment for seven years who, in Trinidad and Tobago or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or any other person in respect of an act—
(a) done or omitted by that officer in his official capacity; or
(b) to be done or omitted by that officer in his official capacity.

(2) Every person is liable on conviction on indictment to imprisonment for three years who, in Trinidad and Tobago or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in his official capacity.
(3) In this section and in section 21, an official of the ICC means a person employed under article 44 of the Statute.

18. (1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Trinidad and Tobago as evidence on oath, would be perjury, gives false evidence.
(2) A person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, gives false evidence as defined in subsection (1).
(3) Notwithstanding subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than three years imprisonment, the punishment may be imprisonment for a term not exceeding fourteen years.
19. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.
20. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.
21. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere—
(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC;

(b) makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—
(i) done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
(ii) to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his official capacity; or
(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute.

Rome Statute

Article 77 Applicable penalties

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.