Core international crimes:

Crime of Aggression

Crimes Against Humanity

Genocide

War Crimes



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Vanuatu Flag  Republic of Vanuatu



Domestic Legislation | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Crime of Aggression

No provision

Crimes Against Humanity

No specific provision

Genocide

No provision

War Crimes

War crimes are included in Part 2 ("Grave Breaches of the Geneva Conventions") of the Geneva Conventions Act of Vanuatu. See:

  • Geneva Conventions Act, 1982. (Act 22 of 1982, Chapter 150)
    (Consolidated Edition 2006). Pacific Islands Legal Information Institute. [ENG].

  • Vanuatu Red Cross Society Act, 1982. (Act 23 of 1982, Chapter 151)
    (Consolidated Edition 2006). Pacific Islands Legal Information Institute. [ENG].

    ▸ In addition, Article 22 of the Penal Code of Vanuatu provides:
      "22. Superior orders
      No criminal responsibility shall attach to an act performed on the orders of a superior to whom obedience is lawfully due, unless such order was manifestly unlawful or the accused knew that the superior had no authority to issue such order."
    See:

  • Penal Code. (Act 17 of 1981, Act 29 of 1988, Act 14 of 1989, Act 27 of 1989, Act 17 of 2003, Chapter 150)
    (Consolidated Edition 2006). Pacific Islands Legal Information Institute. [ENG].


    Jurisdiction

    Sections 4 and 5 of the Geneva Conventions Act of Vanuatu state:

      "4. Grave breaches
      (1) Any grave breach of any of the Geneva Conventions that would, if committed in Vanuatu, be an offence under any provision of the Penal Code Act [CAP. 135] or any other law shall be an offence under such provision of the Penal Code or any other law if committed outside Vanuatu.
      (2) For the purposes of this section -
        (a) a grave breach of the First Convention is a breach as defined in Article 50 of that Convention;
        (b) a grave breach of the Second Convention is a breach as defined in Article 51 of that Convention;
        (c) a grave breach of the Third Convention is a breach as defined in Article 130 of that Convention;
        (d) a grave breach of the Fourth Convention is a breach as defined in Article 147 of that Convention.
      5. Jurisdiction
      Where a person has committed an act or omission that is an offence by virtue of section 4, the offence is within the competence of and may be tried and punished by the court having jurisdiction in respect of similar offences in Vanuatu."
    For jurisdiction over offences committed within the Republic of Vanuatu or partly or wholly abroad and international offences, please refer to Articles 1-5 of the Penal Code of Vanuatu.

    See:

  • Geneva Conventions Act, 1982. (Act 22 of 1982, Chapter 150)
    (Consolidated Edition 2006). Pacific Islands Legal Information Institute. [ENG].

  • Penal Code. (Act 17 of 1981, Act 29 of 1988, Act 14 of 1989, Act 27 of 1989, Act 17 of 2003, Chapter 150)
    (Consolidated Edition 2006). Pacific Islands Legal Information Institute. [ENG].


    International Criminal Court

    Rome Statute of the International Criminal Court: The Republic of Vanuatu acceded to the Rome Statute of the International Criminal Court on 02 December 2011.

  • Resources and Links

  • The Constitution of the Republic of Vanuatu
    Pacific Islands Legal Information Institute. [ENG]. [Last accessed 16Mar17] [External Link]

  • Penal Code of the Republic of Vanuatu. (Consolidated Edition 2006)
    Pacific Islands Legal Information Institute. [ENG]. [Last accessed 16Mar17] [External Link]

  • Criminal Procedure Code of the Republic of Vanuatu. (Consolidated Edition 2006)
    Pacific Islands Legal Information Institute. [ENG]. [Last accessed 16Mar17] [External Link]

  • Laws of the Republic of Vanuatu. Consolidated Edition 2006.
    Pacific Islands Legal Information Institute. [ENG]. [Last accessed 16Mar17] [External Link]

  • Vanuatu Primary Materials
    Pacific Islands Legal Information Institute. [ENG]. [Last accessed 16Mar17] [External Link]

  • Vanuatu Government Gazettes
    Pacific Islands Legal Information Institute. [ENG]. [Last accessed 16Mar17] [External Link]

  • Guide to Law Online: Vanuatu. Law Library of Congress.
    [ENG]. [Last accessed 17Mar17] [External Link]

  • Vanuatu: National Implementation of IHL
    International Committee of the Red Cross. [ENG]. [Last accessed 13Mar17] [External Link]

  • List of International Humanitarian Law Treaties to which Vanuatu is a State party
    (International Committee of the Red Cross). [ENG]. [Last accessed 13Mar17]. [External Link]