New Zealand
Treasa Dunworth
Section: The ICC Statute and Commonwealth States
Permanent Link:
http://vlex.com/vid/new-zealand-43096436
Id. vLex: VLEX-43096436
1 A Short History of Domestic Prosecutions of International Crimes Prior to Implementing Legislation 1.1 Under customary international law 1.2 Under conventional international law 1.3 Under other domestic or international legal provisions 2 Implementing Legislation 2.1 Title 2.2 When in force 2.3 Government departments 2.4 Amendments to existing legislation 2.4.1 Diplomatic Privileges and Immunities Act 1968 2.4.2 Extradition Act 1999 2.4.3 Geneva Conventions Act 1958 2.4.4 Penal Institutions Act 1954 2.4.5 Proceeds of Crime Act 1991 3 Co-operation with the ICC 3.1 Arrest and surrender 3.1.1 Arrest procedure 3.1.2 Surrender procedure 3.1.3 Constitutional/human rights concerns 3.2 Other forms of assistance to the Court 3.2.1 Article 93 of the Statute 3.2.2 Outside of mutual assistance context 3.2.3 Enforcement of sentences 4 Incorporating the Crimes 4.1 Measure and extent of incorporation 4.1.1 Genocide 4.1.2 Crimes against humanity 4.1.3 War crimes 5 Jurisdiction of Domestic Courts and Principles of Liability 5.1 Grounds of jurisdiction 5.2 Temporal jurisdiction 5.3 Principles of liability 6 Rights of the Accused 7 Available Defences 8 Immunity 9 Trial Procedure and Punishment in Domestic Courts 10 Article 98 Agreements 10.1 Government response to American attempts to conclude Article 98 agreements
New Zealand
1 A Short History of Domestic Prosecutions of International Crimes Prior to Implementing Legislation 1.1 Under customary international law There have been no domestic prosecutions of international crimes under customary international law in New Zealand. Although the question has never been tested, it seems that a crime at customary international law could not be prosecuted in the domestic sphere without implementing legislation to incorporate the crime into domestic law.1 1.2 Under conventional international law Similarly, there have been no domestic prosecutions of international crimes under conventional international law in New Zealand. The New Zealand Court of Appeal confirmed in New Zealand Airline Pilots' Association Inc v Attorney-General that New Zealand holds a dualist approach to international treaties.2 Citing Lord Aitken in Attorney-General for Canada v Attorney-General for Ontario3 Keith J said:4 "[W]hile the making of a treaty is an Executive act, the performance of its obligations, if they entail alteration of the existing domestic law, requires legislative action. The stipulations of a treaty duly ratified by the Executive do not, by virtue of the treaty alone, have the force of law." On the basis of this dualist approach then, no domestic prosecution can proceed on the basis of an international treaty without domestic enactment. Thus, the New Zealand courts have no jurisdiction over the crimes created by the Rome Statute in the absence of the domestic implementing legislation. 1.3 Under other domestic or international legal provisions Grave breaches of the four Geneva Conventions were criminalised in New Zealand by the Geneva Conventions Act 1958. Grave breaches of the First Additional Protocol to the Conventions have...
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