CHAPTER I — GENERAL PROVISIONS
PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS
Extent of jurisdiction of Fiji’s courts
Extent of jurisdiction of Fiji’s courts
6.—(1) Subject to the other sections of this Part, the jurisdiction of the courts of Fiji for the purposes of this Decree extends to every place within Fiji or within—
(a) the internal waters of Fiji ;
(b) the archipelagic waters of Fiji ; or
(c) the territorial seas of Fiji.
(2) The jurisdiction of the courts of Fiji may extend to the contiguous zone and the exclusive economic zone of Fiji in accordance with the provisions of the United Nations Convention on the Law of the Sea and any law in Fiji implementing the Convention.
CHAPTER I — GENERAL PROVISIONS
PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS
Standard geographical jurisdiction
7.—(1) Unless any of the provisions of section 8 apply to an offence under this Decree or any other Act or Decree, a person does not commit an offence against the laws of Fiji unless—
(a) the conduct constituting the alleged offence occurs—
(i) wholly or partly in Fiji ; or
(ii) wholly or partly on board a Fijian aircraft or a Fijian ship ; or
(b) the conduct constituting the alleged offence occurs wholly outside Fiji and a result of the conduct occurs—
(i) wholly or partly in Fiji ; or
(ii) wholly or partly on board a Fijian aircraft or a Fijian ship ; or
(c) all of the following conditions are satisfied—
(i) the alleged offence is an ancillary offence ;
(ii) the conduct constituting the alleged offence occurs wholly outside Fiji ; and
(iii) the conduct constituting the primary offence to which the ancillary offence relates, or a result of that conduct occurs (or is intended by the person to occur) wholly or partly in Fiji, or wholly or partly on board a Fijian aircraft or a Fijian ship.
CHAPTER I — GENERAL PROVISIONS
PART 3 — TERRITORIAL APPLICATION OF THE CRIMINAL LAWS
Extent of jurisdiction of Fiji’s courts
Extended geographical jurisdiction
8.— (1) The provisions of this Decree or any other Act or Decree prescribing an offence may extend the standard geographical jurisdiction to be applied to that offence by providing that the offence may be committed by —
(a) any citizen of Fiji in any place outside of Fiji ;
(b) any corporation registered in Fiji in any place outside of Fiji ;
(c) any resident of Fiji in any place outside of Fiji ;
(2) Any provision of this Decree or any other Act which extends the geographical jurisdiction under sub-section (1) may specifically make the extension of geographical jurisdiction conditional upon there being no comparable offence in the foreign jurisdiction where the citizen, corporation or resident committed the offence.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 1 — Purpose of this Part
76.— (2) Any law providing for the jurisdiction of the International Criminal Court in Fiji is to be complementary to the jurisdiction of Fiji with respect to offences in this Division (and any other law prescribing such offences) that are also crimes within the jurisdiction of that Court.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 1 — Purpose of this Part
76.— (3) Accordingly, any law which makes provision for the jurisdiction of the International Criminal Court shall not affect the primacy of Fiji’s right to exercise its jurisdiction with respect to offences created by this Division (and any other law prescribing offences against humanity or war crimes) that are also crimes within the jurisdiction of the International Criminal Court.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 4 — Miscellaneous Provisions Applying to Genocide and Crimes Against Humanity
Geographical jurisdiction
99. A person commits an offence against all sections of Divisions 2 and 3 of this Part—
(a) whether or not the conduct constituting the alleged offence occurs in Fiji ; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Fiji.
''Part I-PRELIMINARY, 5. Application of Act''
This Act extends to any foreign country that has an arrangement or has entered into a reciprocal agreement on assistance in criminal matters with Fiji.
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.
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.
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.