National Implementation of IHL
Code of Criminal Procedure, 1998
Loi no 98/037 du 31 décembre 1998 portant code de procédure pénale


31.12.1998
Law N°037 of 31 December 1998

Summary
One whole section of the Code deals with extraditions. The other relevant section concerns the organization and competence of military tribunals.
Title XVII of the Code of Criminal Procedure provides for the extradition of certain categories of criminals. Article 653 states that it governs extraditions only in the absence of treaties or loopholes in existing treaties.
In internal armed conflicts, the final paragraph of Article 657 provides for the extradition of perpetrators of "acts of odious barbarism and vandalism prohibited by the laws of war".
The Code also establishes the competence of military tribunals. In peacetime, the military tribunals simply apply the Penal Code rules governing the armed forces (Art. 856). In times of armed conflict, they are competent in respect of "the place where the offence was committed, the place of posting, disembarkation or arrest, even on other grounds, or the place of residence" (Art. 857).

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