Spans in 'New Zealand - ICC Act' tagged with 'Jurisdiction ratione temporis'

'Jurisdiction ratione temporis' in document 'New Zealand - ICC Act'

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More information about the keyword 'Jurisdiction ratione temporis'
More information about the document 'New Zealand - ICC Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to try international crimes

8.
Jurisdiction in respect of international crimes—

(1) Proceedings may be brought for an offence—

(a)against section 9 or section 10, if the act constituting the offence charged is alleged to have occurred—

(i)on or after the commencement of this section; or

(ii)on or after the applicable date but before the commencement of this section; and would have been an offence under the law of New Zealand in force at the time the act occurred, had it occurred in New Zealand; and

(b)against section 11, if the act constituting the offence charged is alleged to have occurred on or after the commencement of this section; and

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to try international crimes

8.
Jurisdiction in respect of international crimes—

(2) Subsection (3) applies if a person to whom subsection (1)(a)(ii) applies is convicted of an offence against section 9 or section 10.

(3)If this subsection applies, the maximum term of imprisonment or the maximum fine that may be imposed on the offender is either—

(a)the maximum term or the maximum fine that could have been imposed under the laws of New Zealand at the time of the offence, if that maximum has subsequently been increased; or

(b)the maximum term or the maximum fine that can be imposed on the day on which sentence is to be passed, if that maximum is less than that prescribed at the time of the offence.

(4)In subsection (1)(a)(ii), ``applicable date'' means,—

(a)in relation to an offence against section 9, 28 March 1979:

(b)in relation to an offence against section 10, 1 January 1991.

RELEVANT ROME STATUTE PROVISIONS

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.