International Crimes and International Criminal Court Act 2000

If you need more information about this Act, please contact the administering agency: Ministry of Foreign Affairs and Trade and Ministry of Justice

General principles of criminal law

12 General principles of criminal law

(1)

For the purposes of proceedings for an offence against section 9 or section 10 or section 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 18 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):

(xi)

Article 33 (which relates to superior orders and prescription of law); and

(b)

the provisions of New Zealand law and the principles of criminal law applicable to the offence under New Zealand law apply; and

(c)

a person charged with the offence may rely on any justification, excuse, or defence available under the laws of New Zealand or under international law; and

(d)

despite paragraphs (b) and (c), the fact that an act done outside New Zealand 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 New Zealand 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) prevail.

(4)

For the purposes of interpreting and applying Articles 6 to 8 of the Statute in proceedings for an offence against section 9 or section 10 or section 11,—

(a)

the New Zealand 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:

(b)

the provisions of Parts 5 to 10 of the Crimes Act 1961 do not apply.