Article 7
(4) A person committing an offence under subsection (2) with intent to impede another person's apprehension or prosecution shall be liable on conviction on indictment to imprisonment according to the gravity of the offence that the other person has committed or attempted to commit, as follows:
(a) if that offence is one for which the sentence is fixed by law, or for which the maximum sentence is imprisonment for life, he or she shall be liable to imprisonment for a term not exceeding ten years;
(b) if it is one for which a person of full capacity and not previously convicted may be sentenced to imprisonment for a term of fourteen years, he or she shall be liable to imprisonment for a term not exceeding seven years;
(c) if it is not one included in paragraph (a) or (b) but is one for which a person of full capacity and not previously convicted may be sentenced to imprison- ment for a term of ten years, he or she shall be liable to imprisonment for a term not exceeding five years;
(d) in any other case, he or she shall be liable to imprisonment for a term not exceeding three years.
Article 8
(1) Where a person has committed an arrestable offence, any other person who, knowing or believing that the offence or some other arrestable offence has been committed and that he or she has information which might be of material assistance in securing the prosecution or conviction of an offender for it, F4[accepts (or agrees to accept), whether in or outside the State, for not disclosing that information any consideration] other than the making good of loss or injury caused by the offence,
or the making of reasonable compensation for that loss or injury, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding three years.
Amendment of section 3 of Principal Act
3.—Section 3 (which relates to grave breaches of the Scheduled Conventions) of the Principal Act is hereby amended by the substitution for subsection (1) (as amended by section 10 of the Criminal
Justice Act, 1964), of the following subsections :
“(1) Any person, whatever his or her nationality, who, whether in or outside the State, commits or aids, abets or procures the commission by any other person of a grave breach of any of the Scheduled Conventions or Protocol I shall be guilty of an offence and on conviction on indictment —
(a) in the case of a grave breach involving the wilful killing of a person protected by the Convention or Protocol in question, shall be liable to imprisonment for life or any less term,
(b) in the case of any other grave breach, shall be liable to imprisonment for a term not exceeding 14 years.
(1A) Any person, whatever his or her nationality, who, whether in or outside the State, fails to act, when under a duty to do so, to prevent the commission by another person of a grave breach of any of the Scheduled Conventions or Protocol I shall be guilty of an offence and on conviction on indictment shall be liable to imprisonment for a term not exceeding 10 years.
3. Grave breaches of Scheduled Conventions.
(1) Any person, whatever his nationality, who, whether in or outside the State, commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the Scheduled Conventions as is referred to in the following Articles respectively of those Conventions, that is to say :
...
shall be guilty of an offence and on conviction on indictment thereof :
(ii) in the case of any other such grave breach as aforesaid, shall be liable to penal servitude for fourteen years or any less term or imprisonment for a term not exceeding two years.
Part 2
Domestic Jurisdiction in ICC Offences
Section 10.—(1) A person convicted of an ICC offence is liable—
(a) to imprisonment for life if—
(i) the offence involves murder, or
(ii) a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,
(b) in any other case, to imprisonment for a term not exceeding 30 years,
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.