- (a) that is in force and to which Canada is a party; or
- (b) that is in force and the provisions of which Canada has agreed to accept and apply in an armed conflict in which it is involved. ( droit international conventionnel )
means the International Criminal Court established by the Rome Statute. ( Cour pénale internationale )
, in respect of the International Criminal Court, means the Prosecutor, Registrar, Deputy Prosecutor and Deputy Registrar, and the staff of the organs of the Court. ( fonctionnaire )
means the Rome Statute of the International Criminal Court adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998, as corrected by the procès-verbaux of November 10, 1998, July 12, 1999, November 30, 1999 and May 8, 2000, portions of which are set out in the schedule. ( Statut de Rome )
Her Majesty
Marginal note: Binding on Her Majesty
3 This Act is binding on Her Majesty in right of Canada or a province.
Offences Within Canada
Marginal note: Genocide, etc., committed in Canada
- 4 (1) Every person is guilty of an indictable offence who commits
- (a) genocide;
- (b) a crime against humanity; or
- (c) a war crime.
- (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and
- (b) is liable to imprisonment for life, in any other case.
Marginal note: Breach of responsibility by military commander
- Footnote *5 (1) A military commander commits an indictable offence if
- (a) the military commander
- (i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 4, or
- (ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;
- (a) the superior
- (i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 4, or
- (ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 6;
Offences Outside Canada
Marginal note: Genocide, etc., committed outside Canada
- 6 (1) Every person who, either before or after the coming into force of this section, commits outside Canada
- (a) genocide,
- (b) a crime against humanity, or
- (c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.
- (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and
- (b) is liable to imprisonment for life, in any other case.
- (a) the Agreement for the prosecution and punishment of the major war criminals of the European Axis, signed at London on August 8, 1945; and
- (b) the Proclamation by the Supreme Commander for the Allied Powers, dated January 19, 1946.
Marginal note: Breach of responsibility by military commander
- 7 (1) A military commander commits an indictable offence if
- (a) the military commander, outside Canada,
- (i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 4, or
- (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;
- (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or
- (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
- (a) the superior, outside Canada,
- (i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 4, or
- (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 6;
- (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or
- (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.
- (a) the military commander, outside Canada,
- (a) the military commander