Jurisdiction

Guyana

Guyana - Criminal Law (Offences) Act 1894 (2014) EN

PART I GENERAL PROVISIONS
TITLE 1 – INTRODUCTORY PROVISIONS

4. Where an act which, if done wholly within the jurisdiction of the Court, would be an indictable offence is done partly within and partly beyond the jurisdiction, every person who, within the jurisdiction does or abets any part of that act shall be liable to be prosecuted and convicted and punished for that offence in the same manner as if the act had been done wholly within the jurisdiction.

5. (1) All indictable offences mentioned in this Act which are committed within the Admiralty jurisdiction of the Court and are cognizable by the Court shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed in Guyana, and may be dealt with, inquired of, tried, and determined therein in the same manner in all respects as if they had been actually committed therein.

(2) In any indictment relating to any of those offences, the venue in the margin shall be the same as if the offence had been committed in the county of Guyana in which the offence is tried, and the offence shall be averred to have been committed on the high seas:
Provided that nothing herein contained shall alter or affect any of the laws relating to the government of the Guyana Defence Force.

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.