'Nationality jurisdiction' in document 'Canada: CAH and WC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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,

Crimes Against Humanity and War Crimes Act 2000

25. (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission in relation to the International Criminal Court that if committed in Canada would be an offence under any of sections 16 to, 23, or would be contempt of court by virtue of section 9 of the, Criminal Code, is deemed to have committed that act
or omission in Canada.

(2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence or a contempt of court under subsection (1) is deemed to have committed that act or omission in Canada.

26. (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission against a person or a member of the person’s family in retaliation for the person having given testimony before the International Criminal Court, that if committed in Canada would be an offence under any of, , , sections 235, 236, 264.1, 266 to, 269, 271 to, 273, 279 to, , 283, 430, 433 and 434 of the, Criminal Code, is deemed to have committed that act or omission in Canada.

(2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence under subsection (1) is deemed to have committed that act or omission in Canada.

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.