A/AC.291/L.15
6.
Each State Party shall take into account the gravity of the offences concerned
when considering the eventuality of early release or parole of persons convicted of
such offences.
7.
States Parties shall ensure that appropriate measures are in place under domestic
law to protect children who are accused of offences established in accordance with
this Convention, consistent with the obligations under the Convention on the Rights
of the Child and the applicable Protocols thereto, as well as other applicable
international or regional instruments.
8.
Nothing contained in this Convention shall affect the principle that the
description of the offences established in accordance with this Convention and of the
applicable legal defences or other legal principles controlling the lawfulness of
conduct is reserved to the domestic law of a State Party and that such offences shall
be prosecuted and punished in accordance with that law.
Chapter III
Jurisdiction
Article 22. Jurisdiction
[agreed ad referendum]
1.
Each State Party shall adopt such measures as may be necessary to establish its
jurisdiction over the offences established in accordance with this Convention when:
(a)
The offence is committed in the territory of that State Party; or
(b) The offence is committed on board a vessel that is flying the flag of that
State Party or an aircraft that is registered under the laws of that State Party at the
time when the offence is committed.
2.
Subject to article 5 of this Convention, a State Party may also establish its
jurisdiction over any such offence when:
(a)
The offence is committed against a national of that State Party; or
(b) The offence is committed by a national of that State Party or a stateless
person with habitual residence in its territory; or
(c) The offence is one of those established in accordance with article 17,
paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a
view to the commission of an offence established in accordance with article 17,
paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or
(d)
The offence is committed against the State Party.
3.
For the purposes of article 37, paragraph 11, of this Convention, each State Party
shall take such measures as may be necessary to establish its jurisdiction over the
offences established in accordance with this Convention when the alleged offender is
present in its territory and it does not extradite such person solely on the ground that
the person is one of its nationals.
4.
Each State Party may also adopt such measures as may be necessary to establish
its jurisdiction over the offences established in accordance with this Convention when
the alleged offender is present in its territory and it does not extradite the person.
5.
If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article
has been notified, or has otherwise learned, that any other States Parties are
conducting an investigation, prosecution or judicial proceeding in respect of the same
conduct, the competent authorities of those States Parties shall, as appropriate, consult
one another with a view to coordinating their actions.
6.
Without prejudice to norms of general international law, this Convention shall
not exclude the exercise of any criminal jurisdiction established by a State Party in
accordance with its domestic law.
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