Domestic implementation of international criminal law
Kingdom of Lesotho
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
No provision.
Crimes Against Humanity
Crimes against humanity are defined in Section 94, Part VI ("Genocide, Crimes against Humanity and War Crimes"), of the Penal Code of Lesotho.
The Penal Code Act, 2010 (with commentaries). Act No. 6 of 2012.
Lesotho Government Gazette, Vol. 57, No. 30, 09 March 2012.Genocide
Genocide is defined in Section 93, Part VI ("Genocide, Crimes against Humanity and War Crimes"), of the Penal Code of Lesotho:
The Penal Code Act, 2010 (with commentaries). Act No. 6 of 2012.
Lesotho Government Gazette, Vol. 57, No. 30, 09 March 2012.War Crimes
War crimes are defined in Section 95, Part VI ("Genocide, Crimes against Humanity and War Crimes"), of the Penal Code of Lesotho:
The Penal Code Act, 2010 (with commentaries). Act No. 6 of 2012.
Lesotho Government Gazette, Vol. 57, No. 30, 09 March 2012.
See also:
The Geneva Conventions Act (Colonial Territories) Order in Council, 1959. UK Statutory Instruments, 1959, No. 1301, London.
[The United Kingdom's Geneva Conventions Act (Colonial Territories) Order in Council, 1959 applied to "Basutoland" at least until its indepence on 4 October 1966. According to Section 156 of the Constitution of Lesotho, on "Existing law and related matters", the existing laws shall continue in force and effect on and after the coming into operation of this Constitution. This UK Order does not appear to have been repealed after the independence of Lesotho.]
Jurisdiction Section 92, Part VI ("Genocide, Crimes against Humanity and War Crimes"), of the Penal Code of Lesotho, provides the following regarding the jurisdiction of the courts of Lesotho in respect of offences under this part:
"92. (1) For the purposes of this Part, "Court" means the High Court.
(2) The Court shall have jurisdiction in respect of offences under this Part whether committed by a Lesotho citizen or a citizen of another state against a Lesotho citizen or a citizen of another state outside Lesotho.
(3) In exercising its jurisdiction under subsection (2), the Court shall be governed by the provisions of the Statute or any other law giving effect to the provisions of the Statute applicable in Lesotho."
The Penal Code Act, 2010 (with commentaries). Act No. 6 of 2012.
Lesotho Government Gazette, Vol. 57, No. 30, 09 March 2012.* * *
See also:
Section 2 of: The Geneva Conventions Act (Colonial Territories) Order in Council, 1959. UK Statutory Instruments, 1959, No. 1301, London.
[The United Kingdom's Geneva Conventions Act (Colonial Territories) Order in Council, 1959 applied to "Basutoland" at least until its indepence on 4 October 1966. According to Section 156 of the Constitution of Lesotho, on "Existing law and related matters", the existing laws shall continue in force and effect on and after the coming into operation of this Constitution. This UK Order does not appear to have been repealed after the independence of Lesotho.]
International Criminal Court
Rome Statute of the International Criminal Court: The Kingdom of Lesotho signed the Rome Statute of the International Criminal Court on 30 November 1998 and deposited its instrument of ratification on 06 September 2000.
On 17 March 2004 the Kingdom of Lesotho made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:"Pursuant to Article 87 paragraph 1 (a) and 2 of the Rome Statute establishing the International Criminal Court, with regard to the Kingdom of Lesotho, requests for cooperation and any documents supporting such requests shall be transmitted through the diplomatic channel, that is, the Ministry of Foreign Affairs of the Kingdom of Lesotho, and such communication be in the English language."
Constitution of Lesotho 1993. (with Amendments through 2011)
Lesotho Legal Information Institute. [ENG]. [Last accessed 24Aug17]. [External Link]
The Constitution of Lesotho. (1993, with Amendments through 1998)
Comparative Constitutions Project, University of Texas at Austin. [ENG]. [Last accessed 24Aug17]. [External Link to pdf document]
Penal Code Act, 2010. (Date of promulgation: 02 January 2012).
Lesotho Legal Information Institute. [ENG]. [Last accessed 24Aug17]. [External Link]
Criminal Procedure and Evidence (Amendment) Act 1998. (Act. No. 10 of 1998)
Commonwealth Legal Information Institute. [ENG]. [Last accessed 24Aug17]. [External Link to pdf document]
Lesotho Legal Information Institute.
[ENG]. [Last accessed 24Aug17]. [External Link]
List of International Humanitarian Law Treaties to which Lesotho is a State party.
International Committee of the Red Cross. [ENG]. [Last accessed 24Aug17]. [External Link]