Jurisdiction

Iceland

Iceland - Criminal Code 1940 (2019) EN

Chapter I. Criminal law, scope of criminal law… and more.

Article 4
The Icelandic Penal Code shall be punished:
1. For offenses committed within the Icelandic State. If an offense is committed by an employee or passenger of a foreign ship or aircraft that is traveling here, against a person who is following the voyage, or interests that are closely related to the voyage, it shall only be punished here that [the Minister] 1)order investigation and litigation.
2. For offenses committed on Icelandic ships or in Icelandic aircraft, wherever they have been. If an offense has been committed in a place where the criminal authority of another State extends to international law, and by a person who was neither a permanent employee nor a passenger on the voyage, it shall not be punished here, unless this is permitted under Article 5 or 6.
[3. For a violation of Article 264, committed within the Icelandic State, even though the original offense from which the benefit originated was committed abroad and regardless of who was responsible for it.] 2)

Chapter I. Criminal law, scope of criminal law… and more.

Article 5
For offenses that Icelandic citizens or residents in Iceland, have committed abroad, shall be punished by the Icelandic Penal Code:
1. If the offense is committed outside the criminal jurisdiction of other States under International Law, and was also punishable under the laws of its home sakbornings.
2. If an offense is committed at a place covered by the criminal law of another State under International Law, and was then also punishable under its law.
[The provisions of the first paragraph. may be applied to the act of a person who is a citizen of or resident in Denmark, Finland, Norway or Sweden and resides in this country.] 1)
[In the cases specified in point 2. Paragraph 1 shall be punished in accordance with Icelandic criminal law for an offense committed by a person who was an Icelandic citizen or resident in this country at the time of the act, which falls under [194. gr., 2. – 4. mgr. Article 206, paragraph 1 Article 210 b, 2nd paragraph. Article 216, Article 218 a, 2. mgr. Article 225] 2)and point 2. Paragraph 1 Article 227 a and is committed abroad despite the fact that the act is not considered punishable under the law of that state. The same applies to a person's offense against a child under the age of 15 who falls under… 2)197. – 198. gr. … 2)and the first paragraph. Article 202, as well as an offense committed by a person that falls under the first paragraph. Article 210 a, provided that it is a production of material specified therein. [The same applies to offenses covered by the Penal Code for genocide, crimes against humanity, war crimes and crimes against peace.] 3)] 4

Chapter I. Criminal law, scope of criminal law… and more.

Article 6
Furthermore, the Icelandic Penal Code shall be punished for such offenses, as set out below, even if committed outside the Icelandic State and regardless of who is responsible for it:
1. Against the independence of the Icelandic State, its security, the Constitution and the government, on official or administrative duties with the Icelandic State and against interests that enjoy Icelandic legal protection, due to close ties with the Icelandic State.
2. According to Icelandic Law, the obligations of those who performed the work were to be performed abroad, as well as the obligations according to the employment of an Icelandic passenger.
3. Against the interests of Icelandic citizens or persons residing in Iceland, if an offense is committed in a place where the criminal jurisdiction of other States does not extend to international law. … 1)
[4. For violations of paragraphs 2, 3 and 4 Article 165, as well as for manslaughter, bodily harm, deprivation of liberty and other acts of violence committed in connection with violations of these provisions, as well as for conduct as an international treaty of 23 September 1971 to prevent unlawful security measures air transport and a booking with him from 24 February 1988 apply. Cases under this item shall, however, only be appealed by order of the [Minister]. 2)] 3)
[5. For conduct specified in an international agreement of 14 December 1973 on protection measures and penalties for crimes against individuals, which enjoys international protection, e.g. á m. transmitter indrekum.] 4)
[6. For conduct specified in Art. European Convention of 27 January 1977 on the Prevention of Terrorism. Cases under this item shall, however, only be appealed by order of the [Minister]. 2)] 5)
[7. [For conduct specified in an international agreement of 18 December 1979 on the prevention of hostage-taking.] 6) Cases under this item shall, however, only be appealed by order of the [Minister]. 2)] 7)
[8. For erroneously affidavit before the EFTA Court, as the Court requires prosecution.] 8)
[9. For conduct specified in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984. Proceedings under this paragraph shall, however, be instituted only by order of the [Minister]. 2)] 9)
[10. For conduct specified in the Convention on the Suppression of Bribery of Foreign Officials in International Trade of 21 November 1997.] 10)
[11. For conduct specified in the Convention on the Prohibition of Nuclear Weapons Experiments of 10 September 1996.] 11)
[12. For conduct specified in the Convention on the Safety of Workers of the United Nations and Allied Workers of 9 December 1994.] 12)
[13. For conduct specified in the Convention for the Prevention of Unlawful Measures Against Safety at Sea, 10 March 1988.
14. For conduct specified in the Protocol for the Prevention of Unlawful Measures against the Safety of Submerged Structures on the Continental Shelf from 10 March 1988.
15. For conduct specified in the Convention on the Storage of Nuclear Materials of 3 March 1980.] 13)
[[16. ] 14)For conduct specified in the International Convention for the Prevention of Terrorism Bombings of 15 December 1997.
[17. ] 14) For conduct specified in the International Covenant on the Prevention of Terrorist Financing of 9 December 1999.] 15)
[18. For conduct specified in an Agreement in the field of Criminal Law on Corruption of 27 January 1999 [and in the Additional Protocol to that Agreement of 15 May 2003]. 16)] 17)
[19. For conduct specified in the United Nations Convention against Transnational Organized Crime, 15 November 2000, and in the Protocol to Prevent, Combat and Punish Trafficking in Persons, Especially Women and Children, 15 November 2000 .
20. for conduct to which the Council of Europe Convention on action against Human trafficking on May 3, 2005.] 18)
[21. For conduct specified in the United Nations Convention against Corruption of 31 October 2003.] 19)
[22. For conduct specified in the Council of Europe Convention on the Protection of Children against Sexual Abuse and Sexual Abuse of 25 October 2007.] 20)
[23. For conduct specified in the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011.] 21)
[24. On the basis of the law on punishment for genocide, crimes against humanity, war crimes and crimes against peace. Violations shall also be considered genocide, crimes against humanity, war crimes or crimes against peace under international law. An action under this item shall only be instituted if the person who is to be prosecuted is present in this country.]

Iceland - Law Implementing the Rome Statute of the International Criminal Court 2001 (2011) EN

''Article 1 Scope''

If the International Criminal Court requests, in accordance with the Court's Convention of 17 July 1998 (Rome Convention), that actions be taken in Iceland for the investigation or handling of a case, such requests shall be dealt with in accordance with the provisions of this Act. The same applies to requests from the Court for the enforcement of judgments.
Request for actions according to Paragraph 1 shall be sent [Minister] 1) which otherwise communicates with the court on behalf of the Icelandic state.

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.