Domestic implementation of international criminal law
Independent State of Samoa
Domestic Legislation | Resources and Links
Crimes Crimes against Peace / Crime of Aggression
The crime of aggression is defined in Section 7A under Part II ("International Crimes and Offences against the Administration of Justice") of the International Criminal Court Act 2007 of Samoa (as amended by the International Criminal Court Amendment Act 2014):
"7A. Crime of aggression-(1) A person who, in Samoa or elsewhere, commits a crime of aggression commits an offence and is liable on conviction to life imprisonment.
See:
(2) For the purpose of this section, "crime of aggression" is an act specified in Article 8 bis of the Statute and includes any other act which at the time and in the place of its commission, constitutes crime of aggression according to customary international law or conventional international law or by virtue of it being criminal according to the general principles of law recognised by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission."
International Criminal Court Amendment Act 2014. Act No. 23, 2014. [ENG]
International Criminal Court Act 2007 ("Principal Act"). Act No. 26, 2007. [ENG]
The Independent State of Samoa ratified the Kampala amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression on 25 September 2012:
Samoa ratifies amendments on the crime of aggression and article 8
Press Release ICC-ASP-20120927-PR838, Assembly of States Parties to the International Criminal Court, The Hague, 27Sep12 [ENG]Remarks by the Prime Minister of the Independent State of Samoa on Samoa's Ratification of the Kampala Amendments on the crime of aggression.
NY, 25Sep12 [ENG]Crimes against Humanity
Crimes against Humanity are defined in Section 6, under Part II ("International Crimes and Offences against the Administration of Justice") of the International Criminal Court Act 2007 of Samoa. See:
International Criminal Court Act 2007 ("Principal Act"). Act No. 26, 2007. [ENG] Genocide
Genocide is defined in Section 5, under Part II ("International Crimes and Offences against the Administration of Justice") of the International Criminal Court Act 2007 of Samoa (as amended by the International Criminal Court Amendment Act 2014). See:
International Criminal Court Act 2007 ("Principal Act"). Act No. 26, 2007. [ENG] War Crimes
War Crimes are defined in Section 7, under Part II ("International Crimes and Offences against the Administration of Justice") of the International Criminal Court Act 2007 of Samoa. See:
International Criminal Court Amendment Act 2014. Act No. 23, 2014. [ENG]
International Criminal Court Act 2007 ("Principal Act"). Act No. 26, 2007. [ENG]
Jurisdiction Ratione Temporis:
Jurisdiction
The temporal jurisdiction of Samoa for offences under Sections 5, 6 or 7 above, is provided for under Section 12 of the International Criminal Court Act 2007 of Samoa:"12. Temporal Jurisdiction for Offences under sections 5, 6 or 7 -
Jurisdiction Ratione Personae:
Proceedings for an offence under sections 5, 6 or 7 may be instituted if the act or omission constituting the offence is alleged to have been committed -(a) on or after the date on which this Act comes into force; or
(b) on or after July 1, 2002 and before the date on which this Act comes into force."
The jurisdiction ratione personae of Samoa for offences under Sections 5, 6 or 7 and 7A above, is provided for under Section 13 of the International Criminal Court Act 2007 of Samoa (as amended by the International Criminal Court Amendment Act 2014):"13. Jurisdiction to try offences under sections 5, 6 or 7 and 7A-
According to Section 16 of the International Criminal Court Act 2007 of Samoa (as amended by the International Criminal Court Amendment Act 2014), the Attorney General's consent is required for prosecutions under Sections 5, 6 or 7 and 7A.
(1) Where an act constituting an offence under sections 5, 6 or 7 and 7A is committed, proceedings may be instituted against that person for that offence in Samoa, if -(a) the offence is committed in Samoa;
(b) the person is a citizen or permanent resident of Samoa;
(c) the person has committed the offence against a citizen or permanent resident of Samoa; or
(d) the person is, after the commission of the offence, present in Samoa."
Miscellaneous provisions:
The following Sections, inter alia, apply to crimes under Sections 5, 6 or 7 and 7A:
Section 9: Defences to offences under sections 5, 6 or 7 and 7A Section 10: Obedience to superior orders not a defence to offences under sections 5, 6 or 7 and 7A Section 11: Responsibility of Commanders and other superiors Section 14: Pleas of autrofois acquit and convict
See:
International Criminal Court Amendment Act 2014. Act No. 23, 2014. [ENG]
International Criminal Court Act 2007 ("Principal Act"). Act No. 26, 2007. [ENG]
Also, please note that Part II of the Crimes Act 2013 of Samoa (which replaces the Crimes Ordinance of 1961), is devoted to jurisdictional matters. A link to this Act is included in the Resources Section below.
International Criminal Court
Rome Statute of the International Criminal Court: The Independent State of Samoa signed the Rome Statute of the International Criminal Court on 17 July 1998 and deposited its instrument of ratification on 16 September 2002.
Implementing legislation:
International Criminal Court Amendment Act 2014. Act No. 23, 2014. [ENG]
International Criminal Court Act 2007 ("Principal Act"). Act No. 26, 2007. [ENG]
Upon ratification the Independent State of Samoa made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:"[The Government of Samoa] has the honour to advise that in pursuance of article 87 paragraphs 1 (a) and 2 of the Rome Statute concerning the designation of channels and languages of communication between the States Parties and the International Criminal Court, such channel and language of communication is as follows:
Channel: Permanent Mission of Samoa to the United Nations
800 Second Avenue, Suite 400 J
New York, New York 10017
Tel: (212) 599-6196 Fax: (212) 599-0797
Language: English."
Constitution of the Independent State of Samoa. (Updated 20 June 2016)
Parliament of Samoa. [ENG]. [Last accessed 28Mar17]. [External Link to pdf document]
Standing Orders of the Parliament of Samoa. (Amended January 2016)
Parliament of Samoa. [ENG]. [Last accessed 28Mar17]. [External Link to pdf document]
Crimes Act 2013.
Parliament of Samoa. [ENG]. [Last accessed 28Mar17]. [External Link to pdf document]
Criminal Procedure Act 2016.
Parliament of Samoa. [ENG]. [Last accessed 28Mar17]. [External Link to pdf document]
Acts and Regulations
Parliament of Samoa. [SMO/ENG]. [Last accessed 28Mar17]. [External Link]
Legal Guide to Samoa
(U.S. Law Library of Congress). [ENG]. [Last accessed 28Mar17]. [External Link]
List of International Humanitarian Law Treaties to which Samoa is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 28Mar17]. [External Link]