Domestic implementation of international criminal law
Republic of Trinidad and Tobago
Domestic Legislation | Resources and Links
Crimes Crime of Aggression / Crimes against Peace
No provision.
Crimes Against Humanity
Crimes against Humanity are defined in Article 10 of the International Criminal Court Act of Trinidad and Tobago. See:
International Criminal Court Act, 2006. (An Act to provide for the prevention and punishment of genocide, crimes against humanity and war crimes, to give effect to the Rome statute of the International Criminal Court done at Rome on the Seventeenth Day of July, One Thousand Nine Hundred and Ninety-Eight; and for purposes connected therewith or incidental thereto).
Act No. 4 of 2006, Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 45, No. 32, Republic of Trinidad and Tobago, 23 February 2006. [ENG]
[Note: The amendment introduced to the International Criminal Court Act, 2006 by LN. 53 of 2006 affects only the date of entering into force (section 2) of the said Act and reads as follows:"WHEREAS it is provided by section 2 of the International Criminal Court Act, 2006 that the Act comes into operation on a date appointed by the President by Proclamation:
And whereas it is expedient that the said Act be brought into force on the 24th day of February, 2006:
Now, therefore, I, GEORGE MAXWELL RICHARDS, President as aforesaid, do hereby appoint the 24th day of February, 2006 as the date on which the International Criminal Court Act, 2006 comes into force."
(Source: Trinidad and Tobago Gazette, Legal Supplement Part B, Vol. 45, No. 34, 1 March 2006)]Genocide
Genocide is defined in Article 9 of the International Criminal Court Act of Trinidad and Tobago. See:
International Criminal Court Act, 2006. (An Act to provide for the prevention and punishment of genocide, crimes against humanity and war crimes, to give effect to the Rome statute of the International Criminal Court done at Rome on the Seventeenth Day of July, One Thousand Nine Hundred and Ninety-Eight; and for purposes connected therewith or incidental thereto).
Act No. 4 of 2006, Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 45, No. 32, Republic of Trinidad and Tobago, 23 February 2006. [ENG]
According to Article 182 of the International Criminal Court Act of Trinidad and Tobago, "(1) The Genocide Act is repealed. (2) Notwithstanding subsection (1), any action commenced under the Genocide Act shall continue as if it had been brought under this Act." See:
Genocide Act, 1977. (Repealed by the International Criminal Court Act, 2006).
Chapter 11:20, Act No. 1 of 1977, 31 January 1977. [ENG]War Crimes
War crimes are defined in Article 11 of the International Criminal Court Act of Trinidad and Tobago. See:
International Criminal Court Act, 2006. (An Act to provide for the prevention and punishment of genocide, crimes against humanity and war crimes, to give effect to the Rome statute of the International Criminal Court done at Rome on the Seventeenth Day of July, One Thousand Nine Hundred and Ninety-Eight; and for purposes connected therewith or incidental thereto).
Act No. 4 of 2006, Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 45, No. 32, Republic of Trinidad and Tobago, 23 February 2006. [ENG]
Additional legislation pertaining to International Humanitarian Law:
The Geneva Conventions Act, 2008. Chapter 12:09, Act No. 25 of 2008, 15 December 2008. [ENG]
Anti-Personnel Mines Act, 2000. Chapter 16:03, Act No. 48 of 2000, 28 September 200. [ENG]
Trinidad and Tobago Red Cross Society (Incorporation) Act, 1963. Act No. 15 of 1963, 31 May 1963. [ENG]
Jurisdiction and Statutes of Limitations
Jurisdiction:
The jurisdictional regime for crimes against humanity, genocide and war crimes is set forth in Section 8 of the International Criminal Court Act (2006) of Trinidad and Tobago. (See full text below).
Principles of individual criminal responsibility:
Section 12 ("General Principles of Criminal Law") of the International Criminal Court Act (2006) provides that the following provisions of the Rome Statute of the International Criminal Court will apply for the purposes of proceedings for crimes against humanity, genocide and war crimes:"12. (1) For the purposes of proceedings for an offence under section 9, 10 or 11--
See:
(a) the following provisions of the Statute apply, with any necessary modifications:
(2) For the purposes of subsection (1)(a), the articles of the Statute specified in that subsection, other than article 20, apply as if--(i) article 20, which relates to crimes for which a person has previously been acquitted or convicted;
(b) the provisions of Trinidad and Tobago law and the principles of criminal law applicable to the offence under Trinidad and Tobago law apply;
(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 prescription of law;
(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.(a) a reference to the ICC were a reference to the Trinidad and Tobago Court exercising jurisdiction in respect of the proceedings; and
(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.
(b) a reference to the Statute includes a reference to this Act.
(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.2
International Criminal Court Act, 2006. (An Act to provide for the prevention and punishment of genocide, crimes against humanity and war crimes, to give effect to the Rome statute of the International Criminal Court done at Rome on the Seventeenth Day of July, One Thousand Nine Hundred and Ninety-Eight; and for purposes connected therewith or incidental thereto).
Act No. 4 of 2006, Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 45, No. 32, Republic of Trinidad and Tobago, 23 February 2006. [ENG]
International War Crimes Tribunals (ICTY and ICTR)
International War Crimes Tribunals Act. Chapter 11:23, Act No. 24 of 1998, 28 October 1998. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Trinidad and Tobago signed the Rome Statute of the International Criminal Court on 23 March 1999 and deposited its instrument of ratification on 06 April 1999.
The Constitution of the Republic of Trinidad and Tobago. (Ch. 1:01, Act No. 4 of 1976, with amendments up to 2007).
Ministry of Legal Affairs of Trinidad en Tobago. [ENG]. [Last accessed 13Jun17]. [External Link to pdf document]
International Criminal Court Chap. 4:26.
Digital Legislative Library, Government of the Republic of Trinidad and Tobago. [ENG]. [Last accessed 13Jun17]. [External Link]
Criminal Law Act. (Chapter 10:04, Acts 20 of 1936 and 45 of 1979. Amended by 36 of 1985, 16 of 1997 and 90 of 2000).
Ministry of Legal Affairs of Trinidad en Tobago. [ENG]. [Last accessed 13Jun17]. [External Link to pdf document]
Criminal Procedure Act. (Chapter 12:02, Acts 22 of 1925. With amendments up to 2005).
Ministry of Legal Affairs of Trinidad en Tobago. [ENG]. [Last accessed 13Jun17]. [External Link to pdf document]
Revised Laws of Trinidad and Tobago by alphabetic order.
Ministry of Legal Affairs of Trinidad en Tobago. [ENG]. [Last accessed 13Jun17]. [External Link]
Digital Legislative Library. (Providing access to the Laws of Trinidad and Tobago from 1838 to 2015).
Government of the Republic of Trinidad and Tobago. [ENG]. [Last accessed 13Jun17]. [External Link]
E-Gazette.
Government of the Republic of Trinidad and Tobago. [ENG]. [Last accessed 13Jun17]. [External Link]
Acts of Parliament.
Office of the Parliament, Republic of Trinidad and Tobago. [ENG]. [Last accessed 13Jun17]. [External Link]
Bills.
Office of the Parliament, Republic of Trinidad and Tobago. [ENG]. [Last accessed 13Jun17]. [External Link]
List of International Humanitarian Law Treaties to which Trinidad and Tobago is a State party.
International Committee of the Red Cross. [ENG]. [Last accessed 13Jun17]. [External Link]