Spans in 'Canada: CAH and WC Act' tagged with 'Unique provision

'Unique provision - jurisdiction' in document 'Canada: CAH and WC Act'

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More information about the keyword 'Unique provision - jurisdiction'
More information about the document 'Canada: CAH and WC Act'
The relevant provisions of implementing legislation: [1] [2] [3] [4]
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
(a) at the time the offence is alleged to have been committed,
(iv) the victim of the alleged offence was a citizen of a state that was allied with
Canada in an armed conflict

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,

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

(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,

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,

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

ANALYSIS

This provision is wider than the ICC Statute.

Section 8(a)(iv) of the CAHWCA 2000 extends passive personality jurisdiction to citizens of States allied with Canada during an armed conflict. This widens jurisdiction to include offences that have no connection with Canada, and where the perpertrators are not present on Canadian soil. This can be viewed as a midway point between passive personality and universal jurisdiction. It does not allow prosecution where the perpetrators are nationals of a State allied to Canada.