Spans in 'Canada: CAH and WC Act' tagged with 'Jurisdiction of custodial State or State where present'

'Jurisdiction of custodial State or State where present' in document 'Canada: CAH and WC Act'

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More information about the keyword 'Jurisdiction of custodial State or State where present'
More information about the document 'Canada: CAH and WC Act'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

OFFENCES OUTSIDE CANADA
Jurisdiction
8. A person who is alleged to have committed an offence under section 6 or 7 may
be prosecuted for that offence if
(b) after the time the offence is alleged to have been committed, the person is
present in Canada.

OFFENCES OUTSIDE CANADA

8. Jurisdiction

A person who is alleged to have committed an offence under section 6 or 7 may
be prosecuted for that offence if

(b) after the time the offence is alleged to have been committed, the person is
present in Canada.

Crimes Against Humanity and War Crimes Act 2000

8. A person who is alleged to have committed an offence under section 6 or 7 may
be prosecuted for that offence if

(a) at the time the offence is alleged to have been committed,

(i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,

(ii) the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state,

(iii) the victim of the alleged offence was a Canadian citizen, or

(iv) the victim of the alleged offence was a citizen of a state that was allied with
Canada in an armed conflict; or

(b) after the time the offence is alleged to have been committed, the person is present in Canada.

ANALYSIS

This provision is wider than the ICC Statute.

This form of jurisdiction allows for the prosecution of those who commit crimes covered by the CAHWCA 2000 without regard to their nationality or the territory where the crimes were committed. It significantly expands the jurisdiction of the Canadian courts from the territoriality and nationality contemplated by the Rome Statute. However, it does not allow the courts to request the extradition of suspects from third countries.