Jurisdiction

Kiribati

Kiribati - Geneva Conventions (Amendment) Act 2010 EN

6. New section 3A

“3A. Other breaches of the Geneva Conventions or Protocols

(1) Any person, whatever his or her nationality, who, in Kiribati, commits, or aids, abets or procures the commission by another person of a breach of any of the Geneva Conventions or Protocols not covered by section 3 is guilty of an offence.

(2) Any citizen of Kiribati who, outside Kiribati, commits, or aids, abets or procures the commission by another person of a breach of any of the Geneva Conventions or Protocols not covered by section 3 is guilty of an offence.

Kiribati - Geneva Conventions 1993 EN

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

Grave breaches of Geneva Conventions
3. (1) Any person, whatever his nationality and whether in or outside Kiribati, is guilty of an offence if -

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

Offences committed outside Kiribati
4. In the case of an offence under section 3 committed outside Kiribati –

(a) a person may be proceeded against, tried and punished therefor in any place in Kiribati as if the offence had been committed in that place; and

(b) the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.

Kiribati - Penal Code 1965 (1977) EN

PART III
TERRITORIAL APPLICATION OF THIS CODE

Offences committed partly within and partly beyond the jurisdiction
6. When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.

Rome Statute

Article 11 Jurisdiction ratione temporis

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.

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.

Article 13 Exercise of jurisdiction

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.