Passive personality jurisdiction

Ethiopia

Ethiopia - Criminal Code 2005 EN

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE I

CRIMINAL LAW AND ITS SCOPE

CHAPTER II

SCOPE OF APPLICATION OF THE LAW

Section II.- Conditions as to Place

Sub-section I.- Principal Application

Article 13.- Crimes Committed against Ethiopia Outside Its Territory.

This Code shall apply to any person who outside Ethiopia has committed one of the crimes against the State of Ethiopia, its safety or integrity, its institutions, essential interests or currency as defined in Book III, Title I, Chapter I, and under Title V of this Book (Art. 238 -260 and Art. 355-374) .

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE I

CRIMINAL LAW AND ITS SCOPE

CHAPTER II

SCOPE OF APPLICATION OF THE LAW

Section II.- Conditions as to Place

Sub-section II.- Subsidiary Application

Article 18.- Other Crimes Committed Outside Ethiopia .

(1) This Code shall also apply to any person who has committed a crime outside Ethiopia against an Ethiopian national or to any Ethiopian national who has committed outside Ethiopia a crime of another kind than those specified in the foregoing Articles, if the criminal was not tried in the foreign country for the crime, provided that:
(a) the act to be tried is prohibited by the law of the State where it was committed and by Ethiopian law; and
(b) it is of sufficient gravity under the latter law to justify extradition .

Rome Statute

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.