Belgium

Act of 5 August 2003 on Serious Violations of International Humanitarian Law

CHAPTER III AMENDMENTS TO THE ACT OF 17 APRIL 1878 CONTAINING THE PRELIMINARY TITLE OF THE CODE OF CRIMINAL PROCEDURE
Article 16
The following amendments shall be made to article 10 of the same preliminary Title, which was amended by the Acts of 12 and 19 July 1932, 2 April 1948, 12 July 1984 and 13 March 2002:
(2) a new point (1) bis shall be inserted between (1) and (2) and shall read as follows:
“(1) bis.
If the federal prosecutor has been seized of a complaint in application of the preceding paragraphs, he or she shall request the investigating judge to institute an investigation of the complaint, unless:
(4) it emerges from the specific circumstances of the case that, in the interests of the proper administration of justice and in the light of Belgium’s international obligations, the matter should be heard by the international courts, or by the courts of the place where the crimes were committed, or the courts of the State of which the accused is a national or the place where he or she may be found, provided the court in question meets the requirements of independence, impartiality and fairness, as can be established in particular from the relevant international instruments binding Belgium and the State in question.

Keywords

Complementarity



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