'Nationality jurisdiction' in document 'Malta: ICC Act 2003'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 3
OFFENCES IN RELATION TO THE ICC

7.

(1) It shall be an offence for any person to intentionally commit any of the acts mentioned in Article 70.1 of the ICC Treaty (offences against the administration of justice in relation to the ICC), hereinafter in this Part referred to as “the relevant article”.

(2) In interpreting and applying the provisions of the relevant article the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

(3) Without prejudice to the provisions of article 5 of the Criminal Code, a criminal action may also be prosecuted in Malta against any citizen of Malta or permanent resident in Malta who shall have become guilty of an offence mentioned in subarticle (1) although the offence may have been committed outside Malta.

RELEVANT ROME STATUTE PROVISIONS

Article 12
Preconditions to the exercise of jurisdiction
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.