Domestic implementation of international criminal law
United Republic of Tanzania
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
Article 43 of the Penal Code of Tanzania, states the following regarding the preparation and conduct of war or warlike undertakings:
"43. Any person who, without lawful authority, carries on or makes preparation for carrying on, or aids in or devises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in the United Republic, commits an offence and shall be liable on conviction to imprisonment for life."
Related documents:
[Penal Code (Chapter 16), 28 September 1945 (with amendments up to 2007). See full text under the "Resources and Links" section below.]
Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region.
24 February 2013. [ENG].
Accord-cadre pour la paix, la sécurité et la coopération pour la République démocratique du Congo et la région.
24 février 2013. [FRA]
Pact on Security, Stability and Development in the Great Lakes Region.
15 December 2006. [ENG]
Protocol of Non-aggression and Mutual Defence in the Great Lakes Region.
30 November 2006. [ENG]
Dar-es-Salaam Declaration on Peace, Security, Democracy and Development in the Great Lakes Region.
20 November 2004. [ENG]Crimes Against Humanity
No provision
Genocide
No provision
War Crimes
The Tanganyika Red Cross Society Act, 1962. (Act No. 71 of 1962).
Tanganyika, 27 November 1962.
[Please note: On 26 April 1964 Tanganyika and Zanzibar united to form the United Republic of Tanganyika and Zanzibar. On 01 November 1964 the country was renamed the United Republic of Tanzania.]
The Geneva Conventions Act (Colonial Territories) Order in Council, 1959. UK Statutory Instruments, 1959, No. 1301, London, United Kingdom.
According to the "AU-EU Technical Ad hoc Expert Group on the Principle of Universal Jurisdiction" (8672/1/09 Rev 1., Annex, Brussels, 16 April 2009, para. 16), Tanzania is among the countries that, as "required in the common-law tradition" has "legislation incorporating the grave breaches provisions of the [Geneva] Conventions into national law. In some cases, this law remains the relevant colonial-era legislation [i.e., the Geneva Conventions Act 1957 (UK) and Geneva Conventions Act (Colonial Territories Act) Order 1959 (UK)]...". The UK Geneva Conventions Act 1957 and Geneva Conventions Act (Colonial Territories Act) Order 1959, applied to Tanganyika, which became part of Tanzania. [Full text of the "AU-EU Technical Ad hoc Expert Group on the Principle of Universal Jurisdiction" available under the "Resources and Links" section below.]
Jurisdiction
According to the 2009 "AU-EU Technical Ad hoc Expert Group on the Principle of Universal Jurisdiction" (8672/1/09 Rev 1., Annex, Brussels, 16 April 2009, para. 16), Tanzania is among the African Union countries which grants universal jurisdiction over grave breaches of the Geneva Conventions 1949: "These include Botswana, Kenya, Lesotho, Malawi, Mauritius, Namibia, Nigeria, Seychelles, Sierra Leone, Swaziland, Tanzania, Uganda and Zimbabwe. As required in the common-law tradition, these states have legislation incorporating the grave breaches provisions of the Conventions into national law. In some cases, this law remains the relevant colonial-era legislation [i.e., the Geneva Conventions Act 1957 (UK) and Geneva Conventions Act (Colonial Territories Act) Order 1959 (UK)]..." [Full text of the "AU-EU Technical Ad hoc Expert Group on the Principle of Universal Jurisdiction" available under the "Resources and Links" section below.]
See:
The Geneva Conventions Act (Colonial Territories) Order in Council, 1959. UK Statutory Instruments, 1959, No. 1301, London, United Kingdom.
International Criminal Court
Rome Statute of the International Criminal Court: The United Republic of Tanzania signed the Rome Statute of the International Criminal Court on 29 December 2000 and deposited its instrument of ratification on 20 August 2002.
The Constitution of the United Republic of Tanzania.
The Judiciary of Tanzania. [ENG]. [Last accessed 15Jun17]. [External Link to pdf document]
The Penal Code. 28 September 1945 (with amendments up to 2007).
File source: Law Reform Commission of Tanzania. [ENG]. [Link to pdf document]
The Criminal Procedure Act (1985)
Financial Intelligence Unit, Ministry of Finance and Planning, United Republic of Tanzania. [ENG]. [Last accessed 15Jun17]. [External Link to pdf document]
The AU-EU Expert Report on the Principle of Universal Jurisdiction. 8672/1/09 Rev 1, Annex. Brussels, 16 April 2009.
Africa-EU Partnership. [ENG]. [Last accessed 15Jun17]. [External Link to pdf document]
Laws of Tanzania from 2002-2016.
Law Reform Commission of Tanzania. [ENG]. [Last accessed 15Jun17]. [External Link]
Acts of the United Republic of Tanzania.
Parliament of Tanzania. [ENG]. [Last accessed 15Jun17]. [External Link]
Law Reform Commission of Tanzania
[ENG]. [Last accessed 31May17]. [External Link]
List of International Humanitarian Law Treaties to which Tanzania is a State party. [ENG]
(International Committee of the Red Cross). [ENG]. [Last accessed 15Jun17]. [External Link]