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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 specific provision.

Crimes Against Humanity

No specific provision.

Genocide

No specific provision.

War Crimes

No specific provision.

Related documents:

  • Submission of the Ministry of Justice of the Republic of Cameroon on the scope and application of the principle of universal jurisdiction. [ENG]
    General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010)

  • Observations du Cameroun sur la portée et l'application du principe de compétence universelle. [FRA]
    Assemblée gén;érale des Nations Unies, Sixième Commission (Questions Juridiques), soixante-cinquième session (4 Octobre à 11 Novembre 2010)

  • Directive camerounaise sur l'instruction du droit international humanitaire. [FRA]
    Nº 00280 / DV / MINDEF / 1043, 14 février 1994


    Jurisdiction

    Article 45 of the Constitution of Cameroon of 2 June 1972 (as revised by the Law No. 96-06 of January 18, 1996), states:

      Duly approved or ratified treaties and international agreements shall, following their publication, override national laws, provided the other party implements the said treaty or agreement.
    According to the submission of the Ministry of Justice of the Republic of Cameroon to the Secretary-General of the United Nations on the scope and application of the principle of universal jurisdiction "[T]here are provisions in the Penal Code (sections 8, 10, 11 and 132 bis (e)) and the Criminal Procedure Code (sections 642 and 699) which confer on Cameroon jurisdiction over certain offences, irrespective of the nationality of perpetrator or victim or where the offences were committed."

    These provisions are as follows:

    Criminal Code

      Section 8:
      "The criminal law of the Republic shall apply to:
        (a) Any offence of which one element was committed in its territory;
        (b) Offences against State security, forgery of the State seal or counterfeiting of national currencies that are legal tender in the country, even when committed abroad.
      However, no foreign national may be judged by the jurisdictions of the Republic in application of subsection (b) unless the foreign national was arrested in the territory of the Republic or was extradited thereto."

      Section 10:
        "(1) The criminal law of the Republic shall apply to acts committed abroad by a citizen or a resident, provided that they are punishable under the legislation of the place where they were committed and that they are defined as crimes or other offences under the law of the Republic.
      However, the punishment shall not be greater than that prescribed by the foreign law.
        (2) However, no citizen or resident accused of having committed an offence against an individual may be tried in a Cameroonian court pursuant to the present section, unless the Public Prosecutor's Office is acting upon a complaint or official charge submitted to the Government of the Republic by the Government of the country in which the act was committed."

      Section 11:
      "The criminal law of the Republic shall apply to piracy, human trafficking, slave trade or drug trafficking, even when committed outside the territory of the Republic. However, no foreign national may be tried in the territory of the Republic for offences referred to in the present section, committed abroad, unless the foreign national was arrested in the territory of the Republic and was not extradited and provided that the prosecution is undertaken by the Public Prosecutor's Office."

      Section 132 bis (e):
      "The conditions set forth in section 10, subsection 1 of the present code shall not be applicable to torture."

    Code of Criminal Procedure
      Section 642:
      "(1) Any act serving as a ground for extradition shall:
        (a) by the laws of the requesting State and of Cameroon, either constitute an offence punishable with a minimum sentence of imprisonment of not less than two (2) years for which prosecution is not barred by prescription, amnesty or otherwise; or punishable with a term of imprisonment of at least six (6) months which is still executable but is not in respect of default of payment;
        (b) by Cameroon law, constitute a common law offence;
        (c) be such that the facts or circumstances do not show that the extradition is requested for political, religious or racial reasons, or based on the nationality of the person concerned.
      (2)
        (a) Felonies and misdemeanours which are not directed against any form of government shall be considered common law offences and may justify extradition.
        (b) Offences of universal jurisdiction provided by international conventions and ratified by Cameroon shall be considered common law offences."

      Section 699:
      "An offence shall be considered as having been committed in Cameroon:
        (a) where one of the elements of the offence was committed in the Republic of Cameroon;
        (b) where the offence is one of fraudulently changing the seal of the Republic of Cameroon or any counterfeiting of currency being legal tender in Cameroon;
        (c) where the offence is one against the law relating to narcotic drugs, psychotropic substances and precursors;
        (d) where the offence is one against the law relating to toxic wastes;
        (e) where the offence is one against the law relating to terrorism;
        (f) where the offence is one against the law relating to money laundering".
    See also:

  • Submission of the Ministry of Justice of the Republic of Cameroon on the scope and application of the principle of universal jurisdiction. [ENG]
    General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010)

  • Observations du Cameroun sur la portée et l'application du principe de compétence universelle. [FRA]
    Assemblée gén;érale des Nations Unies, Sixième Commission (Questions Juridiques), soixante-cinquième session (4 Octobre à 11 Novembre 2010)

    International Criminal Court

    Rome Statute of the International Criminal Court: The Republic of Cameroon signed the Rome Statute on 17 July 1988. The Republic of Cameroon is not a state party to the Rome Statute.

  • Resources and Links

  • Constitution of the Republic of Cameroon. 2 June 1972 (rev. 2008).
    Comparative Constitutions Project. [ENG]. [Last accessed 11 January 2016]. [External Link]

  • Constitution of the Republic of Cameroon
    Adopted on 18 January 1996, amendment to the Constitution of 2 June 1972.
    International Labour Organization (ILO). [ENG] [External Link to pdf file]

  • Loi n° 2008-1 du 14 avril 2008 modifiant et complétant certaines dispositions de la loi n° 96-6 du 18 janvier 1996 portant révision de la Constitution du 2 juin 1972. 14 Avril 2008.
    International Labour Organization (ILO). [ENG/FRA] [External Link]

  • Constitution du Cameroun, révisée par la loi n° 96-06 du 18 janvier 1996. 02 Juin 1972 [FRA]
    World Intellectual Property Organization [External Link]

  • Code pénal.
    Verification Research, Training and Information Centre. [FRA] [External Link to pdf file]

  • Loi n° 2005/007 du 27 juillet 2005 portant Code de procédure pénale.
    International Labour Organization (ILO). [FRA] [External Link to pdf file]

  • Textes législatifs et réglementaires du Cameroun.
    Services du Premier Ministre - Prime Minister's Office. [FRA]. [External Link]

  • Journal officiel des territoires occupés de l'ancien Cameroun. (1916-1936)
    Gallica, Bibliothèque nationale de France. [FRA]. [External Link]

  • Guide to Law Online: Republic of Cameroon.
    Law Library, U.S. Library of Congress. [External Link]

  • International Humanitarian Law treaties to which Cameroon is a State Party.
    International Committee of the Red Cross [External Link]