Part I
Preliminary Provisions and Enforcement of the Act
Chapter II
Enforcement of the Act
Offences committed within the Sudan
5.(1) The provisions of this Act shall apply to every offence committed wholly or partly in the Sudan.
(2) For the purposes of this Act, definition of the Sudan includes its air space, its territorial waters, and all Sudanese ships and aircrafts wherever they are.
(3) The provisions of sections 78(1), 79, 85, 126, 139(1), 146(1), (2) and (3), 157, 168 and 171 shall not apply to the Southern States, unless the accused himself requests the application of the said provisions on him, or the legislative body concerned decides to the contrary.
Offences committed outside the Sudan
6.(1) The provisions of this Act shall apply to every person who commits :
(a) outside the Sudan an act which makes him a principal or joint offender in any of the following offences :-
(i) offences against the state;
(ii) offences relating to the disciplined forces;
(iii) offences relating to counterfeiting coins, or revenue stamps, where the offender is found in the Sudan;
(b) in the Sudan a joint act associated with an act committed outside the Sudan which is an offence in the Sudan, and is also an offence under the law of the state where the act is committed.
(2) A person who has committed outside the Sudan any of the offences punishable in the Sudan, shall not be punished in the Sudan, where it is proved that such person has been tried outside the Sudan before a competent court and has served his sentence, or that he has been declared innocent by such court.
Offences committed by a Sudanese
7. A Sudanese who has committed outside the Sudan an act which makes him a principal or joint offender to an offence falling under the provisions of this Act shall be punished when he returns to the Sudan if the act constitutes an offence and also, under the law of the state where the act is done, unless it is proved that such a Sudanese was tried outside the Sudan before a competent court and has served his sentence, or has been found not guilty by such 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.