PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST

ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

8. (1) Proceedings may be brought for an offence—
(a) against section 9 or 10, if the act
constituting the offence charged is alleged
to have occurred—
(i) on or after the commencement of this section; or
(ii) on or after the applicable date but before the commencement of this section, and would have been an

offence under the law of Trinidad and Tobago in force at the time the act occurred, had it occurred in Trinidad and Tobago;
(b) against section 11, if the act constituting the offence charged is alleged to have occurred on or after the commencement of this sec¬tion; and
(c) against section 9, 11 or 19 regardless of—
(i) the nationality or citizenship of the person accused;
(ii) whether or not any act forming part of the offence occurred in Trinidad and Tobago; or
(iii) whether or not the person accused was in Trinidad and Tobago at the time that the act constituting the offence occurred or at the time a decision was made to charge that person with an offence.
(2) Subsection (3) applies if a person to whom subsection (1)(a)(ii) applies, is convicted of an offence against section 9 or 10.
(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.

(4)In subsection (1)(a)(ii), applicable date means—
(a) in relation to an offence against section 9, 31st January, 1977; or
(b) in relation to an offence against section 10, 1st January, 1991.


International Crimes

9. (1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in Trinidad and Tobago or elsewhere—
(a) commits genocide; or
(b) conspires or agrees with any person to commit genocide, whether that genocide takes place in Trinidad and Tobago or else¬where.
(2) For the purposes of this section, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) imposing measures intended to prevent births within the group; or
(e) forcibly transferring children of the group to another group.
(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.

10. (1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in Trinidad and Tobago or elsewhere, commits a crime against humanity.
(2) For the purposes of this section, a “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation or forcible transfer of population;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(j) torture;
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(Ii) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3 of Article 7 of the Statute, or other grounds that are uni¬versally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the ICC;
(i) enforced disappearance of persons;
(j) the crime of apartheid; or
(k) other inhumane acts of a similar character rintentionally causing great suffering, or serious injury to body or to mental or physical health.
(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.
11. (1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in Trinidad and Tobago or elsewhere, commits a war crime.
(2) For the purposes of this section a war crime is an act specified in—
(a) article 8(2)(a) of the Statute, which relates to grave breaches of the First, Second, Third and Fourth Geneva Conventions;
(b) article 8(2)(b) of the Statute, which relates to other serious violations of the laws and customs applicable in international armed conflict;
(c) article 8(2)(c) of the Statute, which relates to armed conflict not of an international character involving serious violations of article 3 common to the Fourth Geneva Convention of 12th August, 1949; or
(d) article 8(2)(e) of the Statute, which relates to other serious violations of the laws and customs applicable in armed conflict not of an international character.

(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.

General Principles of Criminal Law
12. (1) For the purposes of proceedings for an offence under section 9, 10 or 11—
(a) the following provisions of the Statute
apply, with any necessary modifications:
(i) article 20, which relates to crimes for which a person has previously been acquitted or convicted;
(ii) article 22(2), which relates to principles of interpretation to be applied to the definition of crimes;
(iii) article 24(2), which relates to the effect of changes in the law;
(iv) article 25, which relates to principles of individual criminal responsibility;
(v) article 26, which relates to the exclusion of jurisdiction over persons under eighteen years;
(vi) article 28, which relates to the responsibility of commanders and other superiors;

(vii) article 29, which excludes any statute of limitations;
(viii) article 30, which relates to the mental element of crimes;
(ix) article 31, which specifies grounds for excluding criminal responsibility;
(x) article 32, which relates to mistakes of fact or law; and
(xi) article 33, which relates to superior orders and prescrip¬tion of law;
(b) the provisions of Trinidad and Tobago law and the principles of criminal law applicable to the offence under Trinidad and Tobago law apply;
(c) a person charged with the offence may rely on any justification, excuse, or defence available under the laws of Trinidad and Tobago or under international law; and
(d) notwithstanding paragraphs (b) and (c), the fact that an act done outside Trinidad and Tobago is not an offence under the law of the place where it was done is not a justification, excuse, or defence.
(2) For the purposes of subsection (1)(a), the articles of the Statute specified in that subsection, other than article 20, apply as if—
(a) a reference to the ICC were a reference to the Trinidad and Tobago Court exercising jurisdiction in respect of the proceedings; and
(b) a reference to the Statute includes a reference to this Act.

(3) If there is any inconsistency between the provisions specified in subsection (1)(a) and the provisions and principles specified in subsections (1)(b) and (1)(c), the provisions specified in subsection (1)(a) shall prevail.
(4) For the purposes of interpreting and applying articles 6 to 8 of the Statute in proceedings for an offence against section 9, 10, or 11, the Trinidad and Tobago Court exercising jurisdiction in the proceedings may have regard to any elements of crimes adopted or amended in accordance with article 9 of the Statute.

Consent to Prosecutions for International Crimes
13. (1) Proceedings for an offence against section 9, 10 or 11 may not be instituted in any Trinidad and Tobago court without the consent of the Attorney General.
(2) Notwithstanding subsection (1), a person charged with an offence under section 9, 10 or 11 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to Prosecutions for Offences Against Administration of Justice

22. (1) Proceedings for an offence under sections 15 to 21 may not be instituted in any Trinidad and Tobago court without the consent of the Attorney General.
(2) Notwithstanding (1), a person charged with an offence under sections 15 to 21 may be arrested, or a warrant for his arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.