Jurisdiction

Kingdom of Norway

The General Civil Penal Code 1902 (2013)

Part I. General Provisions

Chapter 1. Applicability of Norwegian criminal law

Section 12. Unless it is otherwise specially provided, Norwegian criminal law shall be applicable to acts committed :

1. in the realm, including

a) any installation or construction placed on the Norwegian part of the continental shelf and used for exploration for or exploitation or storage of submarine natural resources,
b) constructions for the transport of petroleum resources connected with any installation or construction placed on the Norwegian part of the continental shelf,
c) the security zone around such installations and constructions as are mentioned under a and b above,
d) any Norwegian vessel (including a Norwegian drilling platform or similar mobile installation) in the open sea, and
e) any Norwegian aircraft outside such areas as are subject to the jurisdiction of any State ;

2. on any Norwegian vessel or aircraft wherever it may be, by a member of its crew or any other person travelling on the vessel or aircraft; the term vessel here also includes a drilling platform or similar mobile installation ;

3. abroad by any Norwegian national or any person domiciled in Norway when the act

a) is one of those dealt with in chapters 8, 9, 10, 11, 12, 14, 17, 18, 20, 23, 24, 25, 26 or 33 of this code or sections 135, 141, 142, 144, 145 second paragraph, 145 b, 147 a, 147 b, 162 c, 169, 192 to 199, 202, 203, 204 a, 222 to 225, 227 to 235, 238, 239, 242 to 245, 291, 292, 294 No. 2, 317, 326 to 328, 330, last paragraph, 338, 342, 367 to 370, or 423 and in any case when it
b) is a felony or misdemeanour against the Norwegian State or Norwegian state authority,
c) is also punishable according to the law of the country in which it is committed, or
d) is committed in relation to the EFTA Court of Justice and is included among those dealt with in section 163, cf. section 167 and section 165, of this code, or sections 205 to 207 of the Courts of Justice Act ;
e) is punishable pursuant to section 5 of Act of 6 May 1994 No. 10 relating to the implementation of the Chemical Weapons Convention,
f) shall be punishable in accordance with Article 113 of the UN Convention on the Law of the Sea of 10 December 1982 (damage to submarine cables and pipelines),
g) is punishable pursuant to section 5 of Act of 17 July 1998 No. 54 relating to the implementation of the Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction, or
h) is punishable pursuant to Act of 15 December 1995 No. 74 relating to a prohibition against female genital mutilation ;

4. abroad, by a foreigner when the act either

a) is one of those dealt with in sections 83, 88, 89, 90, 91, 91 a, 93, 94, 98 to 104 a, 110 to 132, 147 a, 147 b, 148, 149, 150, 151 a, 152 first cf. second paragraph, 152 a, 152 b, 153 first to fourth paragraphs, 154, 159, 160, 161, 162 c, 169, 174 to 178, 182 to 185, 187, 189, 190, 192 to 195, 217, 220 second and third paragraph, 221, 222 to 225, 227 to 229, 231 to 235, 238, 239, 243, 244, 256, 258, 266 to 269, 271, 276 to 276 c, 291, 292, 324, 325, 328, 415 or 423 of this code, or sections 1, 2, 3 or 5 of the Act relating to defence secrets,
b) is a felony also punishable according to the law of the country in which it is committed, and the offender is resident in the realm or is staying therein, or
c) is committed in relation to the EFTA Court of Justice and is included among those dealt with in section 163, cf. section 167 and section 165, of this code, or sections 205 to 207 of the Courts of Justice Act, or
d) comes under Act of 13 June 1997, No. 47, relating to the implementation of the Council of Europe Agreement of 31 January 1995 on illicit traffic by sea, implementing Article 17 of the UN Convention against illicit traffic in narcotic drugs and psychotropic substances.

In cases in which the criminality of an act depends on or is influenced by any actual or intended effect, the act shall be regarded as committed also where such effect has occurred or is intended to be produced.

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.