Territorial jurisdiction - national proceedings

Botswana

Botswana - Penal Code 1964 (2005) EN

PENAL CODE OF BOTSWANA

PART I - General Provisions

Territorial Application of this Code (ss 4-5)

4. Extent of jurisdiction of courts

The jurisdiction of the courts of Botswana for the purposes of this Code extends to every place within Botswana.

PENAL CODE OF BOTSWANA

PART I - General Provisions

Territorial Application of this Code (ss 4-5)

5. Offence committed partly within and partly beyond the jurisdiction

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 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;