1) A person commits the offence of genocide if he commits any act falling within the definition of "genocide" in Article II of the Genocide Convention as set out in the Schedule. (Amended 50 of 1991 s. 4)
(2) A person guilty of an offence of genocide shall on conviction on indictment-
(a) if the offence consists of the killing of any person, be sentenced to imprisonment for life; (b)
(b)(a) in any other case, be liable to imprisonment for 14 years.
(3) Proceedings for an offence of genocide shall not be instituted except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
(4) In this section-
"Genocide Convention" means the Convention on the Prevention and Punishment of the Crime of Genocide approved by the General Assembly of the United Nations on 9 December 1948.
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.