Genocide (CAP. 191 1

CHAPTER 191

THE GENOCIDE ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Genocide.
4. Limitation on institution of proceedings.
5. Extradition Proceedings.
6. Non-political character of offence.
7. Objection to proceedings.
8. Savings.

SCHEDULE.

GENOCIDE

(3rd December, 1975.) 2011975.

1. This Act may be cited as the Genocide Act. She*

2. In this Act- Interpretation.

"the Genocide Convention" means the Convention on
the Prevention and Punishment of the Crime of
Genocide approved by the General Assembly of the
United Nations on the 9th day of December, 1948.

3 . (1) a person shall commit an offence of genocide Genocide,
if he commits any act falling within the definition of
"genocide" as set out in Article I1 of the Genocide Conven-
tion contained in the Schedule to this Act.

LAWS OF ANTIGUA AND BARBUDA

CAP. 191) Genocide

Limitation on
institution of
proceedings.

Extradition
proceedings.
Cap. 164.

Non-political
character of
offence.
Cap. 185.

Objection to

(2) A person guilty of an offence of genocide shall on
conviction on indictment-

(a) if the offence consists of the killing of any per-
son, be sentenced to imprisonment for life; and

(6) in any other case, be liable to imprisonment
for fourteen years.

4. Proceedings for an offence of genocide shall not
be instituted except by or with the consent of the Director
of Public Prosecutions.

5 . For the purpose of the Extradition Act, all powers
vested in and acts authorized or required to be done by any
person thereunder in relation to the surrender of fugitive
criminals under the Extradition Acts. 1870 and 1873 of the
United Kingdom and any Acts amending or substituted for
those Acts, hereinafter called "the United Kingdom Acts",
shall and may be done in relation to any offence of genocide,
any attempt or conspiracy to commit such offence and any
direct or ~ub l i c excitement to commit such an offence and
for the purposes of the application of the Extradition Act
in so far as it relates to the United Kingdom Acts and such
United Kingdom Acts shall be deemed in relation to any
proceedings within Antigua and Barbuda to include the
offence of genocide and any attempt of conspiracy to com-
mit such an offence and any direct and public excitement
to commit such an offence as if such offences were stated
as extraditable offences in the United Kingdom Acts.

6. For the purposes of the Extradition Act and the
Fugitive Offenders Act no offence which, if committed in
Antigua and Barbuda would be punishable as an offence of
genocide or as an attempt, conspiracy or excitement to com-
mit such an offence shall be regarded as an offence of a
political character, and no proceedings in respect of such
an offence shall be regarded as a criminal matter of a political
character.

7. It shall not be an objection to any proceedings taken
against a person by virtue of the provisions of sections 6 and
7 that under the law in force at the time when and in the
place where he is alleged to commit the act of which he was

LAWS OF ANTIGUA AND BARBUDA

Genocide (CAP. 191 3

accused o r of which he was convicted he could not have been
punished therefor.

8. T h e provisions of this Act shall not derogate from savings.
the operation of the provisions of Parts I to IV of the Offences
against the Person Act.

SCHEDULE

In the present Convention, genocide means any of the following acts com-
mitted with intent to destroy, in whole or in part, a national, ethnic, racial or
religious group, as such-

(a) Killing members of the group;

( b ) Causing serious bodily or mental harm to members of the group;

( 6 ) Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;

(4 Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.