Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 4 — Miscellaneous Provisions Applying to Genocide and Crimes Against Humanity

Defence of superior orders

98. The fact that genocide or a crime against humanity has been committed by a person pursuant to an order of a Government or of a superior (whether military or civilian) does not relieve the person of criminal responsibility.

Geographical jurisdiction

99. A person commits an offence against all sections of Divisions 2 and 3 of this Part—

(a) whether or not the conduct constituting the alleged offence occurs in Fiji ; and
(b) whether or not a result of the conduct constituting the alleged offence occurs in Fiji.

Double jeopardy

100. A person cannot be tried by the High Court for an offence under Divisions 2 and 3 of this Part if the person has already been convicted or acquitted, in accordance with the laws of Fiji, by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence under Divisions 2 and 3 of this Part.

Bringing proceedings under this Part and Part 10

101. Proceedings for an offence under Divisions 2 and 3 of this Part and Part 10 must not be commenced without the written consent of the Director of Public Prosecutions.

Keywords

Crimes against humanity
Genocide



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