Passive personality jurisdiction

Mauritius

Mauritius - ICC Act 2011 EN

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

4. International crimes

(3) Where a person commits an international crime outside Mauritius, he shall be deemed to have committed the crime in Mauritius if he –

(d) has committed the crime against a citizen of Mauritius or against a person who is ordinarily resident in Mauritius

Rome Statute

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.