Chapter 1 General Principles and Definitions
Article 11
Application to Persons Who Are Not Subjects of Afghanistan
Persons who are not subjects of Afghanistan but are residing or staying in Afghanistan shall be considered as subjects of Afghanistan for the purposes of this law, unless otherwise specified in the law.
Chapter 2 Applicability of the Law
Part 1 Applicability of the Law from the Point of View of Place and Persons
Article 16
Extraterritorial Jurisdiction Over Crimes Relating to Public Services
(1) Provisions of this Law are also applicable to crimes committed outside Afghanistan by Afghan officials and employees or foreign nationals assigned to public services by Afghanistan and who commit the crime during the performance of their assigned duties or for reasons thereof.
Section 3 Trial
Chapter 1 Authority of the Courts in Proceeding with Criminal Cases
Proceeding Authority
Article 178:
All criminal cases shall be processed by the authorized court, unless provided otherwise by another special law.
Section 3 Trial
Chapter 1 Authority of the Courts in Proceeding with Criminal Cases
Territorial Jurisdiction
Article 179:
(5) In cases where the law has foreseen processing of the case by a special court, the court stated in the special law shall be the considered as the competent court.
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.
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.
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.