PART I - GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY
§1.03. Territorial Applicability.
(1) A person may be convicted under the law of the Republic of the Marshall Islands("Republic") for an offense committed by the person's own conduct or the conduct of another for which that person is legally accountable if:
(a) either the conduct that is an element of the offense or the result is that is such an element occurs within the Republic; or
(b) conduct occurring outside the Republic is sufficient under the law of the Republic to constitute an attempt to commit an offense within the Republic; or
(c) conduct occurring outside the Republic is sufficient under the law of the Republic to constitute a conspiracy to commit an offense within the Republic and an overt to act in furtherance of such conspiracy occurs within the Republic; or
(d) conduct occurring within the Republic establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction that also is an offense under the law of the Republic; or
(e) the offense consists of the omission to perform a legal duty imposed by the law of the Republic; or
(f) the offense is based on a statute of the Republic that expressly prohibits conduct outside the Republic, when the conduct bears a reasonable relation to a legitimate interest of the Republic and the actor knows or should know that his or her conduct is likely to affect that interest; or
(g) conduct occurring outside the Republic is intended to cause or recklessly threaten a result within the Republic, and the conduct is sufficient under the law of the Republic to constitute an offense; or
(h) either the conduct is an element of the offense or the result that such an element occurs on any vessel belonging in whole or in part to the Republic or any citizen thereof, or any corporation created by or under the laws of the Republic, when such vessel is within the admiralty and maritime jurisdiction of the Republic.
PART I - GENERAL PROVISIONS
ARTICLE 2. GENERAL PRINCIPLES OF LIABILITY
§2.02. General Requirements of Culpability.
(1) Minimum requirements of culpability. Except as provided in Section 2.05, a person is not guilty of an offense unless the person acted intentionally, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.
PART I - GENERAL PROVISIONS
ARTICLE 2. GENERAL PRINCIPLES OF LIABILITY
2.06. Liability for Conduct of Another; Complicity.
(1) A person is guilty of an offense if it is committed by the person's own conduct or by the conduct of another person for which the first person is legally accountable, or both.
(2) A person is legally accountable for the conduct of another person when:
(a) acting with the kind of culpability that is sufficient for the commission of the offense, the person causes an innocent or irresponsible person to engage in such conduct; or
(b) the person is made accountable for the conduct of such other person by this code or by the law defining the offense; or
(c) the person is an accomplice of such other person in the commission of the offense.
(3) A person is an accomplice of another person in the commission of an offense if:
(a) with the purpose of promoting or facilitating the commission of the offense, the person:
(i) solicits such other person to commit it; or
(ii) aids or agrees to aid such other person in planning or committing it; or
(iii) having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or
(b) the person acts with the knowledge that such other person is committing or has the purpose of committing the offense, and the person knowingly, substantially facilitates its commission; or
(c) the person's conduct is expressly declared by law to establish his or her complicity.
(4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result, is an accomplice in the commission of that offense, if the person acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.
(5) A person who is legally incapable of committing a particular offense himself or herself, may be guilty of the offense if it is committed by the conduct of another person for which the first person is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing the person's incapacity.
PART I - GENERAL PROVISIONS
ARTICLE 2. GENERAL PRINCIPLES OF LIABILITY
§2.07. Liability of Corporation, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf.
(6) Individual Liability.
(a) A person is legally accountable for any conduct the person performs or causes to be performed in the name of the corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his or her own name or behalf.
(b) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.
(c) When a person is convicted of an offense by reason of the person's legal accountability for the conduct of a corporation or an unincorporated association, the person is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and the degree involved, although only a lesser or different punishment is authorized for the corporation or unincorporated association.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.