Non-prejudice to national law

Portugal

Portugal - Adaptation of Criminal Legislation to ICC Statute 2004 EN

Chapter 1
General provisions

Article 3
Conflict of laws

The provisions of this law shall be without prejudice to the application of the Code of Military Justice where the crimes have a bearing on military interests related to the defence of the Portuguese State and other matters in respect of which the Constitution entrusts responsibility to the Portuguese Armed Forces.

Chapter 1
General provisions

Article 6
Responsibilities of military commanders and other superiors

1. Without prejudice to the provisions of the Code of Military Justice, any military commander or person acting as such a commander who knows or should know that the forces under his or her effective command and control, or effective responsibility and control, are committing or about to commit any of the crimes defined in this law and fails to take all necessary and reasonable measures to prevent or repress their commission or to submit the matter to the competent authorities, shall be liable to the penalty provided for the crime or crimes that were effectively committed.

Rome Statute

Article 80 Non-prejudice to national application of penalties and national laws

Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.