Domestic implementation of international criminal law
Republic of Malawi
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
Article 40 of the Penal Code of Malawi provides the following regarding the preparation or waging of war against Africans:
"40. Promoting war amongst Africans
See:
Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against any African chief, or with, for, by, or against any band of Africans, shall be guilty of a felony and shall be liable to imprisonment for life."
Penal Code of Malawi. [Chapter 7:01]. 01 April 1930 (with amendments up to 1999). Crimes Against Humanity
No provision
Genocide
Article 17 of the Constitution of Malawi provides the following regarding genocide:
"17. Genocide
See:
Acts of genocide are prohibited and shall be prevented and punished."
Constitution of the Republic of Malawi. 18 May 1994 War Crimes
Malawi Red Cross Society Act. [Chapter 18:09]. 16 February 1968
Geneva Conventions Act of Malawi. [Chapter 12:03]. 09 August 1967
Jurisdiction Articles 5 and 6 of the Penal Code of Malawi, under Chapter III ("Territorial Application of this Code"), state the following regarding territorial jurisdiction:
"5. Offence committed partly within and partly beyond the jurisdiction
See:
When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction."
6. Jurisdiction and procedure in respect of certain offences committed in countries outside Malawi
(1) Any Malawi citizen being a person employed in the public service of Malawi who commits, in any other country, when acting or purporting to act in the course of his employment, any offence which, if committed in Malawi, would be punishable in Malawi, shall be guilty of an offence of the same nature, and subject to the same punishment, as if the offence had been committed in Malawi.
(2) A person may be proceeded against, charged, tried and punished for an offence against this section in any place in Malawi in which he is apprehended or is in custody 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."
Penal Code of Malawi. [Chapter 7:01]. 01 April 1930 (with amendments up to 1999).
The Geneva Conventions Act of Malawi —ss 4 (1) and (2)— punishes any grave breach of the Geneva Conventions regardless of the nationality of the perpetrator or the territory (within or without Malawi) where such act was committed:"4.—(1) Any person, whatever his nationality, who, whether within or without Malawi commits or aids, abets or procures the commission by any other person of any such grave breach of any of the Conventions as is referred to in the following articles respectively of those Conventions, that is to say—
See:
(a) Article 50 of the Convention set out in the First Schedule;
(b) Article 51 of the Convention set out in the Second Schedule;
(c) Article 130 of the Convention set out in the Third Schedule;
(d) Article 147 of the Convention set out in the Fourth Schedule,
shall, without prejudice to his liability under any other written law, be guilty of an offence and—
(i) in the case of a grave breach causing or resulting in or contributing to the death of the person protected by the Convention in question, shall be liable to imprisonment for life;
(ii) in the case of any other grave breach, shall be liable to imprisonment for fourteen years.
(2) Where an offence under this section is committed without Malawi a person may be proceeded against, tried and punished therefor in any place in Malawi 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."
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Geneva Conventions Act of Malawi. [Chapter 12:03]. 09 August 1967
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Malawi signed the Rome Statute of the International Criminal Court on 02 March 1999 and deposited its instrument of ratification on 19 September 2002.
Constitution of the Republic of Malawi.
Malawi SDNP. [ENG]. [Last accessed 10Jun17]. [External Link]
Criminal Procedure and Evidence Code of Malawi.
Malawi Legal Information Institute. [ENG]. [Last accessed 10Jun17]. [External Link]
Malawi Legal Information Institute.
(Access to digital collection of Malawi case law and the laws of Malawi). [ENG]. [Last accessed 10Jun17]. [External Link]
List of International Humanitarian Law Treaties to which Malawi is a State party.
(International Committee of the Red Cross). [ENG]. [Last accessed 31May17]. [External Link]