Domestic application of international law
Republic of Malta
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
The Republic of Malta ratified the Kampala Amendments on the Crime of Aggression on January 30, 2015:
Malta and Costa Rica ratify Amendments to the Rome Statute on war crimes and the crime of aggression
ICC-ASP-20150206-PR1087, Assembly of States Parties to the International Criminal Court, New York, 06Feb15 [ENG]Malta y Costa Rica ratifican las enmiendas de Kampala relativas a crímenes de guerra y el crimen de agresión
ICC-ASP-20150206-PR1087, Asamblea de los Estados Partes en el Estatuto de Roma, Nueva York, 06feb15 [ESL]Malte et le Costa Rica ratifient les amendements au Statut de Rome relatifs à l'article 8 portant sur les crimes de guerre et au crime d'agression
ICC-ASP-20150206-PR1087, Assemblée des États Parties de la Cour pénale internationale, New-York, 06fév15 [FRA]
The crime of aggression is provided for under Book First, Part II (Of Crimes and Punishments), Title I (Of Genocide, Crimes Against Humanity, War Crimes and Crimes of Aggression), Articles 54A and 54DA, of the Criminal Code of Malta (Crime of aggression added by: XXIV. 2014.12). See:
Criminal Code of Malta. Chapter 9, Criminal Code (To amend and consolidate the Penal Laws and the Laws of Criminal Procedure), 10th June, 1854. [With amendments up to 2015 (Acts II, III, VIII and XXXVII of 2015]. Crimes Against Humanity
Crimes against Humanity are provided for under Book First, Part II (Of Crimes and Punishments), Title I (Of Genocide, Crimes Against Humanity, War Crimes and Crimes of Aggression), Articles 54A and 54C of the Criminal Code of Malta (Crimes against Humanity added by: XXIV. 2002.13.). See:
Criminal Code of Malta. Chapter 9, Criminal Code (To amend and consolidate the Penal Laws and the Laws of Criminal Procedure), 10th June, 1854. [With amendments up to 2015 (Acts II, III, VIII and XXXVII of 2015].
International Criminal Court Act, 2002 (To provide for assistance to the International Criminal Court).
International Criminal Court, Chapter 453, Act No. XXIV of 2002. Passed by the House of Representatives at Sitting No. 809 of the 4th November, 2002.Genocide
Genocide is provided for under Book First, Part II (Of Crimes and Punishments), Title I (Of Genocide, Crimes Against Humanity, War Crimes and Crimes of Aggression), Articles 54A and 54B of the Criminal Code of Malta (Genocide added by: XXIV. 2002.13.). See:
Criminal Code of Malta. Chapter 9, Criminal Code (To amend and consolidate the Penal Laws and the Laws of Criminal Procedure), 10th June, 1854. [With amendments up to 2015 (Acts II, III, VIII and XXXVII of 2015].
International Criminal Court Act, 2002 (To provide for assistance to the International Criminal Court).
International Criminal Court, Chapter 453, Act No. XXIV of 2002. Passed by the House of Representatives at Sitting No. 809 of the 4th November, 2002.War Crimes
War crimes are provided for under Book First, Part II (Of Crimes and Punishments), Title I (Of Genocide, Crimes Against Humanity, War Crimes and Crimes of Aggression), Articles 54A and 54D of the Criminal Code of Malta (War crimes Added by: XXIV. 2002.13. Amended by: XXIV. 2014.11.). See:
Criminal Code of Malta. Chapter 9, Criminal Code (To amend and consolidate the Penal Laws and the Laws of Criminal Procedure), 10th June, 1854. [With amendments up to 2015 (Acts II, III, VIII and XXXVII of 2015].
International Criminal Court Act, 2002 (To provide for assistance to the International Criminal Court).
International Criminal Court, Chapter 453, Act No. XXIV of 2002. Passed by the House of Representatives at Sitting No. 809 of the 4th November, 2002.
Ratification of Chemical Weapons Convention Act, Act V of 1997, 28 April 1997. [Last amended 2007]. [ENG]
Malta Red Cross Society Act, Act VI of 1992, 01 December 1988. [Last amended 2007]. [ENG]
War Damage (repeal) ACT XXIX of 1980, 31 October 1980 [as amended by Act XXIV of 1995]. [ENG]
Geneva Conventions (Appeals by Protected Persons) Act, 12 December 1962. [Last amended 1981]. [ENG]
Jurisdiction
Article 5 (1) (d), (e) and (h) of the Criminal Code of Malta provides the following:5. (1) Saving any other special provision of this Code or of any other law conferring jurisdiction upon the courts in Malta to try offences, a criminal action may be prosecuted in Malta - [...]
In addition, Article 54G of the Criminal Code of Malta stipulates:
(d) without prejudice to the preceding paragraphs of this subarticle, against any citizen of Malta or permanent resident in Malta who in any place or on board any ship or vessel or on board any aircraft wherever it may be shall have become guilty of the offences mentioned in article 54A or of an offence against the safety of the Government or of the offences mentioned in articles 133, 139A, or of the offences mentioned in articles 311 to 318 and in article 320 when these are committed or are directed against or on a state or government facility, an infrastructure facility, a public place or a place accessible to the public, a public transportation system, or of forgery of any of the Government debentures referred to in article 166 or of any of the documents referred to in article 167, or of the offence mentioned in article 196, or of any other offence against the person of a citizen of Malta or of any permanent resident in Malta;
For the purposes of this paragraph:
"permanent resident" means a person in favour of whom a permit of residence has been issued in accordance with the provisions contained in article 7 of the of the Immigration Act;
"offence against the person" includes the offences mentioned in articles 86 to 90 and in articles 211 to 205;
the expressions "state or government facility", "infrastructure facility" and "public transportation system" shall have the same meaning assigned to them respectively by article 314A(4);
(e) against any person who being in Malta - [...]
(ii) shall have committed any act which if committed in Malta would constitute an offence and such act involved the use of a bomb, grenade, rocket, automatic firearm, letter bomb or parcel bomb which endangered persons,
although the offences referred to in this paragraph shall have been committed outside Malta [...]
(h) against any person in respect of whom an authority to proceed, or an order for his return, following a request by a country for his extradition from Malta, is not issued or made by the Minister responsible for justice on the ground that the said person is a Maltese citizen or that the offence for which his return was requested is subject to the death penalty in the country which made the request, even if there is no provision according to the laws of Malta other than the present provision in virtue of which the criminal action may be prosecuted in Malta against that person; [...]
Provided that no criminal action shall be prosecuted against the President of Malta in respect of acts done in the exercise of the functions of his office.""54G. (1) Without prejudice to the provisions of article 5, a criminal action for an offence under this Title may also be prosecuted in Malta - Cap. 220.
"In terms of this latter provision a Maltese citizen or permanent resident would also be subject to Maltese jurisdiction if he conspires to commit such a crime notwithstanding that the conspiracy or the crime being conspired takes place outside Maltese jurisdiction.
(a) against any person subject to military law in terms of articles 178, 179 and 180 of the Malta Armed Forces Act even if the offence was committed outside Malta; or
(b) against any citizen of Malta or permanent resident in Malta who outside Malta conspires to commit any offence under this Title even if the offence is to be committed outside Malta."
Malta has implemented this obligation commonly known as 'aut dedere aut judicare' through a combined reading of articles 5 and 54A of the Criminal Code, supplemented by Part VI of the Extradition Act.
In fact article 5(l)(d) of the Criminal Code sanctions crimes of genocide, war crimes and crimes against humanity (Article 54A, Criminal Code offences) when these are committed by a Maltese national or permanent resident." [See: "Information submitted by Malta on the scope and application of the principle of universal jurisdiction" available in its full text below]
Information submitted by Malta on the scope and application of the principle of universal jurisdiction.
General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010) [ENG].
Criminal Code of Malta. Chapter 9, Criminal Code (To amend and consolidate the Penal Laws and the Laws of Criminal Procedure), 10th June, 1854. [With amendments up to 2015 (Acts II, III, VIII and XXXVII of 2015].
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Malta signed the Rome Statute of the International Criminal Court on 17 July 1998 and deposited its instrument of ratification on 29 November 2002.
Upon ratification the Republic of Malta made the following declaration:“Article 20, paragraphs 3 (a) and (b).
With regard to article 20 paragraphs 3 (a) and (b) of the Rome Statute of the International Criminal Court Malta declares that according to its constitution no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
It is presumed that under the general principles of law a trial as described in paragraphs 3 (a) and (b) of Article 20 of the Statute would be considered a nullity and would not be taken into account in the application of the above constitutional rule. However, the matter has never been the subject of any judgment before the Maltese courts.
The prerogative of mercy will only be exercised in Malta in conformity with its obligations under International law including those arising from the Rome Statute of the International Criminal Court.”
Upon ratification the Republic of Malta made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:
"Malta declares, pursuant to article 87, paragraph 2 of the Statute, that requests for cooperation and any documents supporting the request, must be in English or accompanied, where necessary, by a translation into English."
International Criminal Court Act, 2002 (To provide for assistance to the International Criminal Court).
International Criminal Court, Chapter 453, Act No. XXIV of 2002. Passed by the House of Representatives at Sitting No. 809 of the 4th November, 2002.
The Constitution of Malta.
(Ministry of Justice, Culture and Local Government). [ENG]. [Last accessed 17Nov17]. [External Link to pdf document]
The Criminal Code of Malta.
(Ministry of Justice, Culture and Local Government). [ENG]. [Last accessed 17Nov17]. [External Link to pdf document]
Laws of Malta.
(Data base maintained by the Ministry of Justice, Culture and Local Government). [ENG]. [Last accessed 17Nov17]. [External Link to pdf document]
List of International Humanitarian Law Treaties to which Malta is a State party. [ENG]
(International Committee of the Red Cross). [ENG]. [Last accessed 17Nov17]. [External Link]