Equipo Nizkor - Progress Report on Cyprus regarding the implications for Council of Europe Member States of the Ratification of the Rome Statute.

Strasbourg, 24/08/06
4th Consult/ICC (2006) 01

Fourth Consultation on the implications for Council of Europe Member States
of the Ratification of the Rome Statute of the International Criminal Court

Progress Report
Cyprus

Council of Europe, Athens (Greece)
14-15 September 2006

1. The Republic of Cyprus ratified the Rome Statute in 2002 by enactment of the Rome Statute on the Establishment of the International Criminal Court (Ratification) Law of 2002, Law No.8(NI)/2002.

2. In the year 2004, Cyprus also ratified the Agreement on Privileges and Immunities of the International Criminal Court, by enactment of ratifying Law No.56(III)/2004.

3. Very recently, the ratifying law of the Rome Statute referred to in paragraph 1 above, namely Law No. 8(III)/2002, has been amended by enactment of the Rome Statute for the Establishment of the International Criminal Court (Ratification)(Amendment) Law of 2006, Law 23(III)/2006. The amending legislation entered into force on 28.7.2006 upon publication in the Republic's Official Gazette.

4. Two major developments are introduced by said amending legislation:

Firstly, through express legislative provision, genocide, war crimes and crimes against humanity constitute criminal offences (felonies) in the domestic legal order of the Republic of Cyprus. Specifically, under a new provision inserted in the Law (new section 4), any person who commits genocide or a crime against humanity or a war crime is guilty of a felony punishable by life imprisonment (new section 4(1)). Section 4 deals also with ancillary offences, criminalizing the conduct of anyone who participates in the commission of any of the aforesaid offences, incites or induces or procures, or attempts or conspires with another to commit the same or knowingly conceals the commission of such offence.

Secondly, the new Law adds significantly to the jurisdiction of the Cyprus Courts by asserting universal jurisdiction over the three categories of crime. Under new section 6 of the Law, irrespective of the jurisdiction rules set by section 5 of the Criminal Code, the Court shall have jurisdiction to determine any offence contrary to this Law whether committed within or outside the territory of the Republic and whether committed by a citizen of the Republic or by some other person.

5. Further to the above, the new amending Law provides that, in the interpretation and application of the terms genocide, crimes against humanity and war crimes, the domestic Court shall take into consideration the Elements of Crime adopted, pursuant to article 9 of the Rome Statute, by the Assembly of States Parties on 9 September 2002 and as amended from time to time.

6. Finally, the new Law provides that criminal prosecution for the crime of genocide, war crime or a crime against humanity shall only be exercised by the Attorney-General of the Republic or upon his written approval.

7. Unofficial English translation of Law 23(III)/2006 is attached herewith.

Number 23(III)/2006
Law amending the Rome Statute for the Establishment of the International Criminal Court (Ratification) Law of 2002

The House of Representatives enacts as follows:

Short title 8(III) of 2002. 1. This Law shall be referred to as the Rome Statute for the Establishment of the International Criminal Court (Ratification)(Amendment) Law of 2006 and it shall be read together with the Rome Statute for the Establishment of the International Criminal Court (Ratification) Law of 2002 (hereinafter referred to as "the basic law") and the basic law and this law shall together be referred to as the Rome Statute for the Establishment of the International Criminal Court (Ratification) Laws of 2002 and 2006.

Amendment of section 2 of the basic law. 2. Section 2 of the basic law is amended by the addition, in proper alphabetical order, of the following terms and their definitions:
"genocide" means any of the acts specified in article 6 of the Rome Statute
"Republic" means the Republic of Cyprus
"Court" means any Assize Court in the Republic
"crime against humanity" means any of the acts specified in article 7 the Rome Statute and
"war crime" means any of the acts specified in article 8.2 of the Rome Statute
"territory of the Republic" includes its territorial waters, the air space above the Republic and above its territorial waters and any vessel or aircraft registered in the Republic wherever this may be situated, unless, pursuant to international law, the said vessel or aircraft is subject, at the material time, due to its position, to the exclusive jurisdiction of foreign law.

Amendment of the basic law by addition of new sections. 3. The basic law is amended by-
(a) the addition, after current section 3 thereof and before current section 4 thereof, of the following new sections:

"Commission of genocide or a crime against humanity or a war crime. 4.-(1) Any person who commits genocide or crime against humanity or a war crime is guilty of felony punishable by life imprisonment.
(2)(a) Any person who commits any act related to an offence contrary to sub-section (1) of the present section is guilty of a felony punishable by life imprisonment.
(b) A person commits an act related to an offence contrary to sub-section (1) of the present section, who -
(i) participates in the commission thereof by any means, or
(ii) incites or induces or procures another to commit the said offence, or
(iii) attempts or conspires with another to commit the said offence, or
(iv) knowingly conceals the commission of the said offence.

Interpretation of certain articles of the Rome Statute. 5. In the interpretation and application of articles 6,7 and 8.2 of the Rome Statute, the Court shall take into consideration any relevant Elements of Crime adopted, pursuant to article 9 of the Rome Statute, by the Assembly of States Parties on 9 September 2002, as they may from time to time be amended, in accordance with article 9 of the Rome Statute.

Jurisdiction of the Court Cap. 154.
3 of 1962
43 of 1963
41 of 1964
69 of 1964
70 of 1965
5 of 1967
58 of 1967
44 of 1972
92 of 1972
29 of 1973
59 of 1974
3 of 1975
13 of 1979
10 of 1981
46 of 1982
86 of 1983
186 of 1986
111 of 1989
236 of 1991
6(I) of 1994
3(I) of 1996
99(I) of 1996
36(I) of 1997
40(I) of 1998
45(I) of 1998
15(I) of 1999
37(I) of 1999
38(I) of 1999
129(I) of 1999
30(I) of 2000
43(I) of 2000
77(I) of 2000
162(I) of 2000
169(I) of 2000
181(I) of 2000
27(I) of 2001
12(I) of 2002
85(I) of 2002
144(I) of 2002
145(I) of 2002
25(I) of 2003
48(I) of 2003
84(I) of 2003
164(I) of 2003
124(I) of 2004
31(I) of 2005
18(I) of 2006. 6. Irrespective of the provisions of article 5 of the Criminal Code, the Court shall have jurisdiction to determine any offence contrary to this Law whether committed within or outside the territory of the Republic and whether committed by a citizen of the Republic or by some other person.

Prosecution. 7. Criminal prosecution of an offence contrary to this Law shall only be exercised by the Attorney General of the Republic or upon his written approval.

Determination of offences
Cap. 154.
3 of 1962
43 of 1963
41 of 1964
69 of 1964
70 of 1965
5 of 1967
58 of 1967
44 of 1972
92 of 1972
29 of 1973
59 of 1974
3 of 1975
13 of 1979
10 of 1981
46 of 1982
86 of 1983
186 of 1986
111 of 1989
236 of 1991
6(I) of 1994
3(I) of 1996
99(I) of 1996
36(I) of 1997
40(I) of 1998
45(I) of 1998
15(I) of 1999
37(I) of 1999
38(I) of 1999
129(I) of 1999
30(I) of 2000
43(I) of 2000
77(I) of 2000
162(I) of 2000
169(I) of 2000
181 (I) of 2000
27(I) of 2001
12(I) of 2002
85(I) of 2002
144(I) of 2002
145(I) of 2002
25(I) of 2003
48(I) of 2003
84(I) of 2003
164(I) of 2003
124(I) of 2004
31 (I) of 2005
18(I) of 2006. 8. Any offence under this Law shall be determined by any Court irrespective of the provisions of section 6 of the Criminal Code, which shall not apply." and

(b) the renumbering of current section 4 thereof as section 9.

Information
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Short title 8(III) of 2002.	1. This Law shall be referred to as the Rome Statute for the Establishment of the International Criminal Court (Ratification)(Amendment) Law of 2006 and it shall be read together with the Rome Statute for the Establishment of the International Criminal Court (Ratification) Law of 2002 (hereinafter referred to as "the basic law") and the basic law and this law shall together be referred to as the Rome Statute for the Establishment of the International Criminal Court (Ratification) Laws of 2002 and 2006.
Amendment of section 2 of the basic law.	2. Section 2 of the basic law is amended by the addition, in proper alphabetical order, of the following terms and their definitions: "genocide" means any of the acts specified in article 6 of the Rome Statute "Republic" means the Republic of Cyprus "Court" means any Assize Court in the Republic "crime against humanity" means any of the acts specified in article 7 the Rome Statute and "war crime" means any of the acts specified in article 8.2 of the Rome Statute "territory of the Republic" includes its territorial waters, the air space above the Republic and above its territorial waters and any vessel or aircraft registered in the Republic wherever this may be situated, unless, pursuant to international law, the said vessel or aircraft is subject, at the material time, due to its position, to the exclusive jurisdiction of foreign law.
Amendment of the basic law by addition of new sections.	3. The basic law is amended by- (a) the addition, after current section 3 thereof and before current section 4 thereof, of the following new sections:
	"Commission of genocide or a crime against humanity or a war crime.	4.-(1) Any person who commits genocide or crime against humanity or a war crime is guilty of felony punishable by life imprisonment. (2)(a) Any person who commits any act related to an offence contrary to sub-section (1) of the present section is guilty of a felony punishable by life imprisonment. (b) A person commits an act related to an offence contrary to sub-section (1) of the present section, who - (i) participates in the commission thereof by any means, or (ii) incites or induces or procures another to commit the said offence, or (iii) attempts or conspires with another to commit the said offence, or (iv) knowingly conceals the commission of the said offence.
	Interpretation of certain articles of the Rome Statute.	5. In the interpretation and application of articles 6,7 and 8.2 of the Rome Statute, the Court shall take into consideration any relevant Elements of Crime adopted, pursuant to article 9 of the Rome Statute, by the Assembly of States Parties on 9 September 2002, as they may from time to time be amended, in accordance with article 9 of the Rome Statute.
	Jurisdiction of the Court Cap. 154. 3 of 1962 43 of 1963 41 of 1964 69 of 1964 70 of 1965 5 of 1967 58 of 1967 44 of 1972 92 of 1972 29 of 1973 59 of 1974 3 of 1975 13 of 1979 10 of 1981 46 of 1982 86 of 1983 186 of 1986 111 of 1989 236 of 1991 6(I) of 1994 3(I) of 1996 99(I) of 1996 36(I) of 1997 40(I) of 1998 45(I) of 1998 15(I) of 1999 37(I) of 1999 38(I) of 1999 129(I) of 1999 30(I) of 2000 43(I) of 2000 77(I) of 2000 162(I) of 2000 169(I) of 2000 181(I) of 2000 27(I) of 2001 12(I) of 2002 85(I) of 2002 144(I) of 2002 145(I) of 2002 25(I) of 2003 48(I) of 2003 84(I) of 2003 164(I) of 2003 124(I) of 2004 31(I) of 2005 18(I) of 2006.	6. Irrespective of the provisions of article 5 of the Criminal Code, the Court shall have jurisdiction to determine any offence contrary to this Law whether committed within or outside the territory of the Republic and whether committed by a citizen of the Republic or by some other person.
	Prosecution.	7. Criminal prosecution of an offence contrary to this Law shall only be exercised by the Attorney General of the Republic or upon his written approval.
	Determination of offences Cap. 154. 3 of 1962 43 of 1963 41 of 1964 69 of 1964 70 of 1965 5 of 1967 58 of 1967 44 of 1972 92 of 1972 29 of 1973 59 of 1974 3 of 1975 13 of 1979 10 of 1981 46 of 1982 86 of 1983 186 of 1986 111 of 1989 236 of 1991 6(I) of 1994 3(I) of 1996 99(I) of 1996 36(I) of 1997 40(I) of 1998 45(I) of 1998 15(I) of 1999 37(I) of 1999 38(I) of 1999 129(I) of 1999 30(I) of 2000 43(I) of 2000 77(I) of 2000 162(I) of 2000 169(I) of 2000 181 (I) of 2000 27(I) of 2001 12(I) of 2002 85(I) of 2002 144(I) of 2002 145(I) of 2002 25(I) of 2003 48(I) of 2003 84(I) of 2003 164(I) of 2003 124(I) of 2004 31 (I) of 2005 18(I) of 2006.	8. Any offence under this Law shall be determined by any Court irrespective of the provisions of section 6 of the Criminal Code, which shall not apply." and
	(b) the renumbering of current section 4 thereof as section 9.

15Sep06

Progress Report on Cyprus regarding the implications for Council of Europe Member States of the Ratification of the Rome Statute