Commentary on Sections Part 5: Offences under Domestic Law Section 53: Trial and punishment of main offences
94.This section makes provision for trying the offences of genocide, crimes against humanity and war crimes, offences under section 52, and offences that are ancillary to such offences. Subsections (5) and (6) set out the sentences which the domestic courts may impose for the new domestic offences created by the Act. If the offence involves murder, the sentence will be the same as if the offender had been found guilty on a domestic charge of murder; the same is true for offences ancillary to an offence involving murder. In any other case, the penalty will be imprisonment of up to 30 years. This is in line with Article 77 of the Statute, under which the ICC can impose prison sentences of life, or up to 30 years. Under the Power of Criminal Court (Sentencing) Act 2000 and the Criminal Justice Act 1988, it may, in certain circumstances, also be open to the court to impose a fine and order compensation or to make a confiscation order in respect of the offender’s proceeds of crime.