Territorial jurisdiction - national proceedings

Zimbabwe

Chapter 9:20 Genocide Act

3 Convention to have force of law in Zimbabwe

The Convention shall have the force of law in Zimbabwe.

5 Attorney-General to authorize prosecutions under this Act

No proceedings, other than proceedings for the purposes of remand, shall be instituted or continued in a court in Zimbabwe against any person
(a) for an offence in terms of section four; or
(b) for an attempt, conspiracy or incitement to commit an offence in terms of sectionfour;
without the authority of the Attorney-General.

Criminal Law (codification and reform) Act

CHAPTER I
PRELIMINARY

5 Territoriality of crimes

(1) A person may be tried, convicted and punished for a crime, whether in terms of this Code or any other enactment, where the crime or an essential element of the crime was
(a) committed wholly inside Zimbabwe; or
(b) committed partly outside Zimbabwe, if the conduct that completed the crime took place inside Zimbabwe; or
(c) committed wholly or partly outside Zimbabwe, if the crime

(i) is a crime against public security in Zimbabwe or against the safety of the State of Zimbabwe; or
(ii) is a crime which—

A. has produced a harmful effect in Zimbabwe; or
B. was intended to produce a harmful effect in Zimbabwe; or
C. was committed with the realisation that there was a real risk or possibility that it might produce a harmful effect in Zimbabwe.


(2) This section does not limit the effect of any enactment which—
(a) regulates the territorial jurisdiction of any court; or
(b) makes special provision for the trial, conviction or punishment of particular extra-territorial crimes.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

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;