Core international crimes:

Crime of Aggression

Crimes Against Humanity

Genocide

War Crimes



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Namibia Flag  Republic of Namibia



Domestic Legislation | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Crime of Aggression

No provision

Crimes Against Humanity

No provision

Genocide

No provision

War Crimes

  • See s. 2 of: Geneva Conventions Act (Act No. 15 of 2003). Government Gazette of the Republic of Namibia, No. 3109, Windhoek, 18Dec03

  • Namibia Red Cross Act (Act No. 16 of 1991). Government Gazette of the Republic of Namibia, No. 313, Windhoek, 07Dec91

    Jurisdiction

  • Article 144 of the Constitution of The Republic of Namibia is dedicated to international law and states:
      "Unless otherwise provided by this Constitution or Act of Parliament, the general rules of public international law and international agreements binding upon Namibia under this Constitution shall form part of the law of Namibia."
    (Namibia ratified the Rome Statute of the International Criminal Court on 25 June 2002 and, inter alia, is a State party to the four Geneva Conventions of 1949, their two Additional Protocols of 1977, the Convention on the Rights of the Child of 1989 and the Optional Protocol on the involvement of children in armed conflict of 2000).


    International Criminal Court

    Rome Statute of the International Criminal Court: The Republic of Namibia signed the Rome Statute of the International Criminal Court on 27 October 1998 and deposited its instrument of ratification on 25 June 2002.

    On 24 November 2009, the Secretary-General received a letter from the Permanent Representative of Namibia to the United Nations communicating to him the decision of the Government of Namibia to co-sponsor the proposed amendment to article 16 of the Rome Statute, which was submitted to the Secretary-General by South Africa as agreed upon by African States Parties to the Rome Statute during their meeting held from 3-6 November 2009 in Addis Ababa, Ethiopia.

    Upon ratification the Republic of Namibia made the following notification under article 87 (2) of the Rome Statute of the International Criminal Court:

      ".....with reference to Article 87 paragraph 2 of the Rome Statute of the International Criminal Court, [the Republic of Namibia] declares that all requests for cooperation and any documents supporting the request, must either be in, or be accompanied by a translation into the English language."

    On 21 July 2004 the Republic of Namibia made the following notification under article 87 (1) of the Rome Statute of the International Criminal Court:

      ".....in terms of the provisions of Article 87 (1) (a) of the Rome Statute of the International Criminal Court, the Republic of Namibia designates the Namibian diplomatic channel or the Permanent Secretary, Ministry of Justice of the Government of the Republic of Namibia as the appropriate channel of communication."

  • Resources and Links

  • The Constitution of The Republic of Namibia. 9 February 1990.
    Includes access to First Amendment (24 December 1998), Second Amendment (7 May 2010) and Third Amendment (13 October 2014).
    Office of the Prime Minister, Governent of Namibia. [ENG]. [Last accessed 01Mar17]. [External Link]

  • The Constitution of The Republic of Namibia. 9 February 1990 (as amended up to 2010).
    (World Intellectual Property Organization - WIPO). [ENG]. [Last accessed 01Mar17]. [External Link]

  • Government Gazette of the Republic of Namibia. [Last accessed 01Mar17]. [External Link]

  • Legislation of Namibia. [FRA]
    (Official Website of the Parliament of the Republic of Namibia). [Last accessed 01Mar17]. [External Link]

  • Laws of Namibia.
    (Legal Assistance Centre). [Last accessed 01Mar17]. [External Link]

  • Legal Guide to Namibia. [ENG]
    (U.S. Law Library of Congress). [Last accessed 01Mar17]. [External Link]

  • List of International Humanitarian Law Treaties to which Namibia is a State party. [ENG]
    (International Committee of the Red Cross). [ENG]. [Last accessed 01Mar17]. [External Link]