'Passive personality jurisdiction' in document 'Canada: CAH and WC Act'

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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
(a) at the time the offence is alleged to have been committed,
(iii) the victim of the alleged offence was a Canadian citizen

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

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

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

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

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

ANALYSIS

This provision is wider than the ICC Statute.

 

This form of jurisdiction allows Canada to prosecute those responsible for genocide, crimes against humanity or war crimes which take place outside Canada when the victims are Canadian citizens. Jurisdiction based on the nationality of the victim is not found in the Rome Statute.