Republic of Malta

Rome Statute July 17, 1998 Nov. 29, 2002
APIC Sept. 21, 2011

Implementation Notes

Malta’s International Criminal Court Act was adopted in 2003 and includes provisions concerning cooperation with the ICC as well as the crimes under the jurisdiction of the Court. With regard to the crimes, the Act reproduces the wording of Articles 6, 7, and 8 of the Rome Statute. The Act was incorporated in Malta’s Criminal Code, along with a specific provision on command and superior responsibility which also follows the wording of the Rome Statute. The obligation to cooperate expressed in Article 86 of the Rome Statute is not explicitly acknowledged in the ICC Act 2003 and broad discretion is accorded to the Ministry of Justice to decide whether or not to execute requests for cooperation by the ICC. The provisions concerning cooperation with the ICC do not cover all forms of cooperation included under Article 93 of the Rome Statute.

National Implementing Legislation

Malta - ICC Act 2003 EN

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