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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 54AGeneral.

Title I

En vigueurTexte officiel

(1) It is a crime for a person to commit genocide, a crime against humanity, a war crime or a crime of aggression.

(2) In this Title -

''the ICC Treaty'' means the Statute of the International Criminal Court, done at Rome on 17th July, 1988; ''the ICC'' means the International Criminal Court established by the ICC Treaty; ''genocide'' means an act of genocide as defined in article 54B; ''crime against humanity'' means a crime against humanity as defined in article 54C; ''war crime'' means a war crime as defined in article 54D;

"crime of aggression" means a war crime as defined in article 54DA;

''Minister'' means the Minister responsible for Justice.

(3) In interpreting and applying the provisions of this Title the court shall take into account the original text of the ICC Treaty and of any treaty and convention referred to in the ICC Treaty.

(4) In interpreting and applying the provisions of articles 54B, 54C, 54D and 54DA, hereinafter, in this Title, referred to as ''the relevant articles'', the court shall take into account -

(a) any relevant Elements of Crimes adopted in accordance with article 9 of the ICC Treaty, and

(b) until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June, 2000.

(5) The Minister may set out in regulations the text of the Elements of Crimes referred to in sub-article (2), as amended from time to time.

(6) The relevant articles shall for the purposes of this Title be construed subject to and in accordance with any relevant reservation or declaration made by Malta when ratifying any treaty or agreement relevant to the interpretation of those articles.

(7) The Minister may by regulations set out the terms of any reservation or declaration referred to in sub-article (5) and where any such reservation or declaration is withdrawn in whole or in part may revoke or amend any regulations as aforesaid which contain the terms of that reservation or declaration.

(8) In interpreting and applying the provisions of the relevant articles the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

Historique des modifications
  • Amended by XXIV.2014.10