National penalties - genocide

Fiji

Fiji - Crimes decree 2009 EN

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by killing

77. A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator causes the death of one or more persons ; and
(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and
(c) the perpetrator intends to destroy (in whole or in part) that national, ethnical, racial or religious group, as such.

Penalty — Imprisonment for life.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by causing serious bodily or mental harm

78.—(1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator causes serious bodily or mental harm to one or more persons ; and
(b) the person or persons belong to a particular national, ethnical, racial or religious group; and
(c) the perpetrator intends to destroy (in whole or in part) that national, ethnical, racial or religious group, as such.

Penalty — Imprisonment for life.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

79.— (1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator inflicts certain conditions of life upon one or more persons ; and
(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and
(c) the perpetrator intends to destroy (in whole or in part) that national, ethnical, racial or religious group, as such ; and
(d) the conditions of life are intended to bring about the physical destruction of that group, in whole or in part.

Penalty — Imprisonment for life.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by imposing measures intended to prevent births

80. A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator imposes certain measures upon one or more persons ; and
(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and
(c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such ; and
(d) the measures imposed are intended to prevent births within that group.

Penalty — Imprisonment for life.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by forcibly transferring children

81.— (1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator forcibly transfers one or more persons ; and
(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and
(c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such ; and
(d) the transfer is from that group to another national, ethnical, racial or religious group ; and
(e) the person or persons are under the age of 18 years ; and
(f) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.

Penalty — Imprisonment for life.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—murder

82. A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator causes the death of one or more persons ; and
(b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty — Imprisonment for life.

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.