Domestic implementation of international criminal law
Republic of Fiji
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
No provision
Crimes Against Humanity
Crimes against humanity are defined in Chapter 3, Part 12, Division 3 of the 2009 Crimes Decree of Fiji. See:
Crimes Decree of the Republic of Fiji Islands. (Decree No. 44 of 2009)
Republic of Fiji Islands Governement Gazette, Vol. 10, No. 95, Suva, 05 November 2009Genocide
Genocide is defined in Chapter 3, Part 12, Division 2 of the 2009 Crimes Decree of Fiji. See:
Crimes Decree of the Republic of Fiji Islands. (Decree No. 44 of 2009)
Republic of Fiji Islands Governement Gazette, Vol. 10, No. 95, Suva, 05 November 2009War Crimes
Geneva Conventions (Amendment) Promulgation 2009. (Promulgation No. 7 of 2009)
Geneva Conventions Promulgation 2007. (Promulgation No. 52 of 2007)
Republic of Fiji Islands Governement Gazette, Vol. 7, No. 100, Suva, 29 December 2007
The Geneva Conventions Act (Colonial Territories) Order in Council, 1959.
UK Statutory Instruments, 1959, No. 1301, London.
1957 Geneva Conventions Act.
1957 CHAPTER 52 5 and 6 Eliz 2, 31 July 1957
Other documents:
Crimes (Amendment) Decree 2010. (Decree No. 11 of 2010)
Republic of Fiji Islands Governement Gazette, Vol. 11, No. 19, Suva, 12 February 2010Sentencing and Penalties Decree 2009. (Decree No. 42 of 2009)
A Decree to make comprehensive provision for the sentencing of persons for criminal offences and to reform processes applicable to the prescription of penalties in the laws of Fiji and the determination and enforcement of a range of sentencing options imposed by the court, and for related purposes.
Republic of Fiji Islands Governement Gazette, Vol. 10, No. 93, Suva, 05 November 2009Former Penal Code. (01 May 1945). [Consolidated Acts 1985 Part 17 CAP 17] The Penal Code of 1945 was repealed by the Crimes Decree of 2009 (No. 44 of 2009)
Jurisdiction
Jurisdiction:
For genocide and crimes against humanity see sections 76, 99 and 101 of the 2009 Crimes Decree:Crimes Decree of the Republic of Fiji Islands. (Decree No. 44 of 2009)
Republic of Fiji Islands Governement Gazette, Vol. 10, No. 95, Suva, 05 November 2009
For war crimes see art. 3 (3) of the 2007 Geneva Conventions Promulgation and art. 3 of the Geneva Conventions (Amendment) Promulgation 2009:Geneva Conventions Promulgation 2007. (Promulgation No. 52 of 2007)
Republic of Fiji Islands Governement Gazette, Vol. 7, No. 100, Suva, 29 December 2007Geneva Conventions (Amendment) Promulgation 2009. (Promulgation No. 7 of 2009)
Miscellaneous provisions applying to genocide and crimes against humanity:
S. 98 of the 2009 Crimes Decree states:
Defence of superior orders98. The fact that genocide or a crime against humanity has been committed by a person pursuant to an order of a Government or of a superior (whether military or civilian) does not relieve the person of criminal responsibility.
S. 100 of the 2009 Crimes Decree states:
Double jeopardy100. A person cannot be tried by the High Court for an offence under Divisions 2 and 3 of this Part if the person has already been convicted or acquitted, in accordance with the laws of Fiji, by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence under Divisions 2 and 3 of this Part.
See:
Crimes Decree of the Republic of Fiji Islands. (Decree No. 44 of 2009)
Republic of Fiji Islands Government Gazette, Vol. 10, No. 95, Suva, 05 November 2009
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Fiji signed the Rome Statute of the International Criminal Court on 29 November 1999 and deposited its instrument of ratification on 29 November 1999.
Constitution of the Republic of Fiji. The Fijian Government. [ENG]. [Last accessed 15Nov17]. [External Link]
Bills (2015-2017). Parliament of the republic of Fiji. [ENG]. [Last accessed 15Nov17]. [External Link]
Fiji Primary Legal Materials. Pacific Islands Legal Information Institute, University of the South Pacific School of Law. [ENG]. [Last accessed 15Nov17]. [External Link]
Legal Guide to Fiji
(U.S. Law Library of Congress). [ENG]. [Last accessed 15Nov17]. [External Link]
List of International Humanitarian Law Treaties to which Fiji is a State party. [ENG]
(International Committee of the Red Cross). [ENG]. [Last accessed 15Nov17]. [External Link]