Practice Relating to Rule 157. Jurisdiction over War Crimes
Fiji’s Geneva Conventions Promulgation (2007), as amended to 2009, states:
Punishment of grave breaches of the [1949 Geneva] Conventions, … [of the 1977 Additional] Protocol I [and of the 2005 Additional Protocol III]
In the case of an offence against this section committed outside Republic of Fiji Islands, a person may be proceeded against, indicted, tried and punished therefore in any place in Republic of Fiji Islands as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place.
Fiji’s Biological and Toxin Weapons Convention Decree (2011) provides:
In exercise of the power vested in me as the President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority Decree 2009, I hereby make the following Decree –
TO PROHIBIT THE DEVELOPMENT, PRODUCTION, MANUFACTURE, POSSESSION, STOCKPILING, OTHER ACQUISITION OR RETENTION, IMPORTATION, EXPORTATION, RE-EXPORTATION, TRANSPORTATION, TRANSIT, TRANS-SHIPMENT, TRANSFER OR USE OF CERTAIN BIOLOGICAL AGENTS AND TOXINS AND OF BIOLOGICAL WEAPONS, AND TO IMPLEMENT IN FIJI THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION OF 10 APRIL 1972 AND THE PROTOCOL FOR THE PROHIBITION OF THE USE IN WAR OF ASPHYXIATING, POISONOUS OR OTHER GASES, AND OF BACTERIOLOGICAL METHODS OF WARFARE OF 17 JUNE 1925.
8. – (1) Except as hereby authorised or specifically licensed under any written law, no person shall develop, produce, manufacture, possess, stockpile, acquire, retain, transport, transfer or use any microbial or other biological agent, any toxin or any related equipment designated in the regulations.
(3) Any person who, aids, abets, encourages, assists, counsels, procures, incites or finances the commission of, or attempts or conspires to commit, is guilty of an offence under this section.
28. – (1) A person who is alleged to have committed an offence under section 8, … outside the territory of Fiji, may be prosecuted for that offence if –
(a) at the time the offence is alleged to have been committed –
(i) the person was a citizen of Fiji or was employed in a civilian or military capacity, or
(ii) the person was a citizen of a State that engaged in an armed conflict against Fiji or was employed in a civilian or military capacity by such a State, or
(iii) the victim of the alleged offence was a citizen of Fiji; or
(iv) the victim of the alleged offence was a citizen of a State that was allied with Fiji in an armed conflict, or
(v) the person is a stateless person whose habitual residence is in Fiji; or
(b) after the time of the offence is alleged to have been committed, the person is present in Fiji.
(2) “Person” in subsection (1) includes any bodies corporate, including those incorporated, registered or otherwise organised and members of partnerships or trustees of trusts recognised under the laws of Fiji.
Fiji’s Anti-Personnel Mines Decree (2011) states:
In exercise of the power vested in me as the President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority of Fiji Decree 2009, I hereby make the following Decree –
TO GIVE EFFECT TO THE CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION IN FIJI.
Offences and Penalties
24. – (1) A person is guilty of an offence if the person –
(a) places an anti-personnel mine under, on or near the ground or other surface area; or
(b) knowingly is in the possession of an anti-personnel mine; or
(c) develops, produces, or otherwise acquires an anti-personnel mine; or
(d) stockpiles anti-personnel mines; or
(e) transfer[s] ownership or control of an anti-personnel mine; whether directly or indirectly, to another person.
(2) Any person who contravenes section 24 shall be guilty of an offence and liable upon conviction to –
(a) in the case of an individual, imprisonment for a term not exceeding 14 years, and
(b) in the case of a body corporate, a fine not exceeding 500 penalty units.
25. Section 24 extends to conduct outside the territory of Fiji, the citizens of Fiji and bodies corporate incorporated or registered under the laws of Fiji.