Core international crimes:

Crime of Aggression

Crimes Against Humanity

Genocide

War Crimes



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Domestic Legislation | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Crime of Aggression

No specific provision. However, Article 58 of the Criminal Code of Mauritius provides penalties for those who expose the State to a declaration of war:

    "58. Causing risk of war
      Any person who, by any act of hostility not sanctioned by the Government, exposes the State to a declaration of war,
    shall be punished by penal servitude for a term not exceeding 10 years and, where war has followed, by penal servitude for a term not exceeding 15 years."
[Full text of the Criminal Code available under the "Resources and Links" section below]

Crimes Against Humanity

According to Part I ("Preliminary"), Section 2 ("Interpretation") of the International Criminal Court Act 2011 of Mauritius, "'crime against humanity' has the same meaning as in the Statute [Rome Statute of the International Criminal Court] and in Part I of the Schedule":

  • The International Criminal Court Act 2011. (Act No. 27 of 2011)
    [Proclaimed by Proclamation No. 1 of 2012. In force since 15 January 2012]

    Genocide

    According to Part I ("Preliminary"), Section 2 ("Interpretation") of the International Criminal Court Act 2011 of Mauritius, "'genocide' has the same meaning as in the Statute [Rome Statute of the International Criminal Court] and in Part II of the Schedule":

  • The International Criminal Court Act 2011. (Act No. 27 of 2011)
    [Proclaimed by Proclamation No. 1 of 2012. In force since 15 January 2012]

    War Crimes

    According to Part I ("Preliminary"), Section 2 ("Interpretation") of the International Criminal Court Act 2011 of Mauritius, "'war crime' has the same meaning as in the Statute [Rome Statute of the International Criminal Court] and in Part III of the Schedule":

  • The International Criminal Court Act 2011. (Act No. 27 of 2011)
    [Proclaimed by Proclamation No. 1 of 2012. In force since 15 January 2012]

  • The Geneva Conventions Act (Colonial Territories) Order in Council, 1959. UK Statutory Instruments, 1959, No. 1301, London.
    [The United Kingdom's Geneva Conventions Act (Colonial Territories) Order in Council, 1959 applied to Mauritius at least until 1 January 1970. This Order does not appear to have been repealed after the independence of Mauritius.]


    Jurisdiction

    Part II ("Offences and Jurisdiction of Courts of Mauritius"), Section 4 (3) of the International Criminal Court Act 2011 provides the following regarding the jurisdictional regime for international crimes committed outside Mauritius:

      "4. International crimes
      [...]
      (3) Where a person commits an international crime outside Mauritius, he shall be deemed to have committed the crime in Mauritius if heó
        (a) is a citizen of Mauritius;
        (b) is not a citizen of Mauritius but is ordinarily resident in Mauritius;
        (c) is present in Mauritius after the commission of the crime; or
        (d) has committed the crime against a citizen of Mauritius or against a person who is ordinarily resident in Mauritius.
    Regarding the competent courts, Part II ("Offences and Jurisdiction of Courts of Mauritius"), Section 8 of the International Criminal Court Act 2011 provides the following:
      8. Jurisdiction
      (1) A prosecution for an offence under section 4(1) or an ancillary offence shall take place before a Judge without a jury.
      (2) A prosecution for an offence under section 7 shall take place before the Intermediate Court.
    The principle of Command responsibility and the impossibility to invoke due obedience as a defence when dealing with manifestly unlawful orders are included in Sections 5 and 6 of the International Criminal Court Act 2011. For the purposes of Section 6 (due obedience to a superior order), orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful. See:

  • The International Criminal Court Act 2011. (Act No. 27 of 2011)
    [Proclaimed by Proclamation No. 1 of 2012. In force since 15 January 2012]


    * * *

    See also:

  • Section 2 of: The Geneva Conventions Act (Colonial Territories) Order in Council, 1959. UK Statutory Instruments, 1959, No. 1301, London.
    [The United Kingdom's Geneva Conventions Act (Colonial Territories) Order in Council, 1959 applied to Mauritius at least until 1 January 1970. This Order does not appear to have been repealed after the independence of Mauritius.]

  • Information provided by Mauritius on the scope and application of the principle of universal jurisdiction in accordance with General Assembly resolution 64/117.
    The scope and application of the principle of universal jurisdiction (Agenda item 86), General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010).
    [General Assembly resolution 64/117 (A/RES/64/117) of 15 January 2010, "[R]equests the Secretary-General to invite Member States to submit, before 30 April 2010, information and observations on the scope and application of the principle of universal jurisdiction, including information on the relevant applicable international treaties, their domestic legal rules and judicial practice, and to prepare and submit to the General Assembly, at its sixty-fifth session, a report based on such information and observations." This document contains the reply provided by Mauritius to the said request.]

    International Criminal Court

    Rome Statute of the International Criminal Court: The Republic of Mauritius signed the Rome Statute of the International Criminal Court on 11 November 1998 and deposited its instrument of ratification on 05 March 2002.

  • Resources and Links

  • The Constitution. (GN 54 of 1968 - 12 March 1968)
    Website of the Attorney General's Office. [ENG]. [Last accessed 17Aug17]. [External Link]

  • Criminal Code. Cap. 195 - 29 December 1838. (Amended 25/01; 30/01; 5/02; 12/03; 22/03; 30/03; 34/05; 24/06).
    World Intellectual Property Organization (WIPO). [ENG]. [Last accessed 17Aug17]. [External Link to pdf document]

  • Criminal Code (Amendment) Act 2012. (No. 11 of 2012).
    International Labour Organization. [ENG]. [Last accessed 17Aug17]. [External Link]

  • Criminal Code (Amendment) Act 2006. (Act No. 24 of 2006).
    International Labour Organization. [ENG]. [Last accessed 17Aug17]. [External Link]

  • Criminal Procedure Act. (Cap 169 - 25 June 1853)
    Website of the Attorney General's Office. [ENG]. [Last accessed 17Jul17]. [External Link to pdf document]

  • Laws of Mauritius.
    Website of the Attorney General's Office. [ENG]. [Last accessed 17Aug17]. [External Link]

  • Government Printing Department. (Government Gazette of Mauritius)
    [ENG]. [Last accessed 17Aug17]. [External Link]

  • List of International Humanitarian Law Treaties to which Mauritius is a State party.
    International Committee of the Red Cross. [ENG]. [Last accessed 17Aug17]. [External Link]