PART 2 – GRAVE BREACHES OF THE GENEVA CONVENTIONS
4. Grave breaches
(1) Any grave breach of any of the Geneva Conventions that would, if committed in Vanuatu, be an offence under any provision of the Penal Code Act [CAP. 135] or any other law shall be an offence under such provision of the Penal Code or any other law if committed outside Vanuatu.
PART 2 – GRAVE BREACHES OF THE GENEVA CONVENTIONS
5. Jurisdiction
Where a person has committed an act or omission that is an offence by virtue of section 4, the offence is within the competence of and may be tried and punished by the court having jurisdiction in respect of similar offences in Vanuatu.
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.