Genocide Act, 1973

• Jurisdiction: Ireland
• Citation: IR No. 28/1973
• Year: 1973

Number 28 of 1973
GENOCIDE ACT, 1973
ARRANGEMENT OF SECTIONS
Section 1. Definition. 2. Genocide. 3. Extradition and evidence for foreign courts. 4. Amendment of section 169 of Defence Act, 1954. 5. Amendment of section 192 of Defence Act, 1954. 6. Amendment of section 13 of Criminal Procedure Act, 1967. 7. Amendment of section 29 of Criminal Procedure Act, 1967. 8. Short title.
SCHEDULE
Acts Referred to Extradition Act, 1965 1965, No. 17 Extradition Act, 1870 1870, c. 52 Extradition Act, 1873 1873, c. 60 Defence Act, 1954 1954, No. 18 Criminal Procedure Act, 1967 1967, No. 12 Treason Act, 1939 1939, No. 10 Geneva Conventions Acts, 1962 1962, No. 11
Number 28 of 1973
GENOCIDE ACT, 1973
AN ACT TO GIVE EFFECT TO THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [18th December, 1973]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definition.	1.—In this Act “the Genocide Convention” means the Convention set out in the Schedule to this Act.
	Genocide.	2.—(1) A person commits an offence of genocide if he commits any act falling within the definition of “genocide” in Article II of the Genocide Convention.
	(2) A person guilty of an offence of genocide shall on conviction on indictment—
	(a) in case the offence consists of the killing of any person, be sentenced to imprisonment for life, and
	(b) in any other case, be liable to imprisonment for a term not exceeding fourteen years.
	(3) Proceedings for an offence of genocide shall not be instituted except by or with the consent of the Attorney General.
	(4) A person charged with an offence of genocide or any attempt, conspiracy or incitement to commit genocide shall be tried by the Central Criminal Court.
	Extradition and evidence for foreign courts.	3.—(1) No offence which, if committed in the State, would be punishable as genocide or as an attempt, conspiracy or incitement to commit genocide shall be regarded as a political offence or an offence connected with a political offence for the purposes of the Extradition Act, 1965 , and no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character for the purposes of section 24 of the Extradition Act, 1870, or section 5 of the Extradition Act, 1873.
	(2) A person shall not be exempt from extradition under the Extradition Act, 1965 , for an offence referred to in subsection (1) of this section on the ground that, under the law in force at the time when, and in the place where, he is alleged to have committed the act of which he is accused or of which he was convicted, he could not have been punished therefor; nor shall an order under section 24 of the Extradition Act, 1870, or section 5 of the Extradition Act, 1873, for the taking of evidence in relation to any such offence as aforesaid be invalid on any such ground.
	Amendment of section 169 of Defence Act, 1954.	4.— Section 169 of the Defence Act, 1954 (which relates to the trial of certain civil offences by court-martial) is hereby amended by the insertion after paragraph (b) of the following:
	“(bb) if he is convicted of an act of genocide which would be punishable under the Genocide Act, 1973, be liable—
	(i) in case the offence consists of the killing of any person, to imprisonment for life, or
	(ii) in any other case, to imprisonment for a term not exceeding fourteen years;”.
	Amendment of section 192 of Defence Act, 1954	5.— Section 192 of the Defence Act, 1954 (which relates to the jurisdiction of courts-martial) is hereby amended by—
	(a) the insertion in subsection (2) (c) after “murder” of “or genocide”, and
	(b) the insertion in subsection (3) after “murder,” of “genocide,”,
	and, accordingly, those subsections shall have effect as set out in the Table to this section.
	Table
	(2) A limited court-martial shall not have jurisdiction—
	(a) to try any person for any offence against military law committed by such person while subject to military law as an officer, or
	(b) to try any person who is for the time being an officer, or
	(c) to try any person for the offence of treason or murder or genocide, or
	(d) to award to any person any sentence greater than imprisonment.
	(3) A court-martial shall not have jurisdiction to try any person subject to military law for the offence of treason, murder, genocide, manslaughter or rape unless such offence was committed while such person was on active service.
	Amendment of section 13 of Criminal Procedure Act, 1967.	6.— Section 13 of the Criminal Procedure Act, 1967 (which relates to the procedure where the accused pleads guilty in the District Court to an indictable offence) is hereby amended by the insertion in subsection (1) after “piracy” of “, genocide”, and accordingly that subsection shall have effect as set out in the Table to this section.
	TABLE
	(1) This section applies to all indictable offences except the following—an offence under the Treason Act, 1939 , murder, attempt to murder, conspiracy to murder, piracy, genocide or a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962 , including an offence by an accessory before or after the fact.
	Amendment of section 29 of Criminal Procedure Act, 1967.	7.— Section 29 of the Criminal Procedure Act, 1967 (which relates to bail in case of treason, murder and certain other offences) is hereby amended by the insertion in subsection (1) after paragraph (f) of the following:
	“(g) genocide.”.
	Short title.	8.—This Act may be cited as the Genocide Act, 1973.
SCHEDULE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE. ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 9 DECEMBER 1948
The Contracting Parties,
Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world;
Recognizing that at all periods of history genocide has inflicted great losses on humanity; and
Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided:
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial...