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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 provision

Crimes Against Humanity

No provision

Genocide

Genocide is defined in Article 62 of the Penal Code of Tuvalu:

    "62 Genocide

    (1) A person commits the felony of genocide if he commits any of the following acts with intention to destroy, in whole or in part, a national, ethnical, racial or religious group, as such
      (a) killing members of the group;
      (b) causing serious bodily or mental harm to members of the group;
      (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
      (d) imposing measures intended to prevent births within the group;
      (e) forcibly transferring children of the group to another group.
    (2) A person guilty of the felony of genocide shall on conviction
      (a) if the offence consists of the killing of any person, be sentenced to imprisonment for life;
      (b) in any other case, be liable to imprisonment without the option of a fine for 14 years (section 26 notwithstanding).
    (3) Proceedings for an offence of genocide shall not be instituted except by or with the consent of the Attorney-General."
See:

  • Penal Code of Tuvalu. (CAP. 10.20).
    2008 Revised Edition (Cap. 8 1990 Revised Edition; Amended by Act 10 of 1985; Amended by Act 8 of 1987; Amended by Act 4 of 2009, commencement 6 July 2009).

    War Crimes

  • Tuvalu Red Cross Society and Geneva Conventions Act 2013. 24 December 2013.

    Jurisdiction

    Extraterritorial jurisdiction is provided for under Part III of the Penal Code of Tuvalu. Article 6 under Part III states:

      "6 Offences committed partly within and partly beyond the jurisdiction.
      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."
    See:

  • Penal Code of Tuvalu. (CAP. 10.20).
    2008 Revised Edition (Cap. 8 1990 Revised Edition; Amended by Act 10 of 1985; Amended by Act 8 of 1987; Amended by Act 4 of 2009, commencement 6 July 2009).

    ➨ The Red Cross Society and Geneva Conventions Act 2013 of Tuvalu —s. 8— punishes any grave breach of the Geneva Conventions, as well as Protocols I and III, regardless of the nationality of the perpetrator or the territory (within or without Tuvalu) where such act was committed. S. 9 provides for the punishment of other breaches of the Conventions and Protocols. See full text at:

  • Tuvalu Red Cross Society and Geneva Conventions Act 2013. 24 December 2013.

    International Criminal Court

    Rome Statute of the International Criminal Court: Tuvalu is not a state party to the Rome Statute of the International Criminal Court.

  • Resources and Links

  • The Constitution of Tuvalu.
    Tuvalu Legislation On-line, Government of Tuvalu. [ENG]. [Last accessed 12Jun17]. [External Link to pdf document]

  • Criminal Procedure Code of Tuvalu.
    Tuvalu Legislation On-line, Government of Tuvalu. [ENG]. [Last accessed 12Jun17]. [External Link to pdf document]

  • Tuvalu Legislation On-line.
    Government of Tuvalu. [ENG]. [Last accessed 12Jun17]. [External Link]

  • List of International Humanitarian Law Treaties to which Tuvalu is a State party. [ENG]
    (International Committee of the Red Cross). [ENG] [Last accessed 31May17] [External Link]