Criminal Code (Cap. 9), article 54A

54A. (1) It is a crime for a person to commit genocide, a crime against humanity, a war crim e or a crime of aggression. (2) In this Title - ''the ICC Treaty'' means the Stat ute of the International Crimi nal Court, done at Rome on 17th July, 1988; ''the ICC'' means the Internationa l Criminal Court established by the ICC Treaty ; ''genocide'' means an act of geno cide as defined in article 54B ; ''crime against humanity'' means a crime against humanity as defined in article 54C; ''war crime'' means a war crime as defined in article 54D; "crime of aggression" means a war crime as defined in article 54DA; ''Minister'' means the Minist er responsible for Justice. 38 CAP. 9.] CRIMINAL CODE (3) In interpreting and applying the provisions of this Title th e court shall take into account the original t ext of the ICC Treaty and of any treaty and convention re ferred to in the ICC Treaty. (4) In interpreting and applying the provisions of articles 54B, 54C, 54D and 54DA, hereinafter, in this Title, referred to as ' 'the relevant articles'', the cou rt shall take into account - (a) any relevant Elements of Crimes adopted in accordance with article 9 of the ICC Treaty , and (b) until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June, 2000. (5) The Minister may set out in regulations the text of the Elements of Crimes referred to i n sub-article (2), as amended f rom time to time. (6) The relevant articles shall for the purposes of this Title b e construed subject to and in accordance with any relevant reservation or declaration made by Malta when ratifying any tre aty or agreement relevant to the in terpretation of those articles. ( 7 ) T h e M i ni s t e r m a y b y r e g u la t i on s s e t o ut t he t e r ms o f a n y reservation or declaration referred to in sub-article (5) and w here any such reservation or declarat ion is withdrawn in whole or in part may revoke or amend any regulations as aforesaid which contain the terms of that rese rvation or declaration. (8) In interpreting and applying the provisions of the relevant articles the court shall take in to account any relevant judgmen t or decision of the ICC and may also take into account any other relevant international jurisprudence. Genocide. Added by: XXIV .2002.13.