Ghana - Amnesty International

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16GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10the government has not undertaken a transparent consultation with civil society to draft suchlegislation. No copy of a draft has been made public and attempts to obtain copies from varioussources have been unsuccessful. Defining crimes under international law as crimes in Ghana, eitherthrough the enactment of a comprehensive ICC Act based on the draft ICC bill or through otherlegislation that effectively defines and punishes crimes under international law, are substantive lawreform efforts necessary to ensure that Ghana does not remain a safe haven for perpetrators ofcrimes under international law (see Recommendations section below). 67- 55; 2008 UPR National Report, para. 16.67Amnesty International’s paper, International Criminal Court: Updated checklist for effective implementation,Index: IOR 53/009/2010, May 2010 (), spells out what states must and should do to implement their obligationsunder the Rome Statute and other international criminal law.Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10173. GEOGRAPHIC JURISDICTION OTHERTHAN UNIVERSAL JURISDICTIONThere are five forms of geographic jurisdiction: territorial jurisdiction and four forms of extraterritorialjurisdiction (active and passive personality jurisdiction, protective jurisdiction and universaljurisdiction (discussed below in Section 4)). Ghana courts can exercise territorial jurisdiction, activeand passive personality jurisdiction, and protective jurisdiction over certain crimes. They cannotexercise active or passive personality jurisdiction or protective jurisdiction over torts.Territorial jurisdiction. National courts of Ghana may exercise territorial jurisdiction over crimes andtorts that occurred in that country’s territory if the crimes were committed entirely in Ghanaianterritory, in its territorial sea or on board one of its ships or aircraft. 68 In addition, its courts mayexercise objective territorial jurisdiction over conduct constituting a crime that begins abroad wherethe crime is either completed in Ghanaian territory (object state) or where any essential element ofthe crime occurs in Ghana or its territory. 69 Ghana may also exercise subjective territorial jurisdictionwhen the crime commenced within Ghana, the forum state (subject state), even if the crime wascompleted outside the state. 70 The Courts Act does not provide that Ghana can exercise a third formof territorial jurisdiction – effects jurisdiction – which is similar to objective jurisdiction, but differsfrom it in a crucial respect. Under effects jurisdiction, the forum state would have jurisdiction over acrime or tort where all elements were committed abroad, but the crime or tort had some impact,which could be incidental, in the forum state.Active personality jurisdiction. The courts of Ghana may exercise active personality jurisdiction,which is jurisdiction over crimes committed abroad by persons who were nationals of Ghana at thetime that a crimes was committed. 71 There appears to be no civil jurisdiction over crimes committed68See Courts Act, sect. 56 (1); Criminal Procedure Code, sect. 118. There appears to be no legislation defininggeographic jurisdiction over torts.69See Courts Act, sect. 56 (2), which states:“When an act which if done within the jurisdiction of a court, would be a criminal offence, is done partlywithin and partly outside the jurisdiction, every person who within or outside the jurisdiction does or abetsany part of the act may be tried and punished as if the act had been done wholly within the jurisdiction.”.The Criminal Code also provides for national jurisdiction over homicide if injury happens within Ghanaian territoryeven if the victim ultimately dies outside of Ghana. Criminal Offences Act, 1960 (Act 29) (Criminal Code), sect.68.70See Courts Act, sect. 56 (2).71Section 56 (3) of the Courts Act states:“A citizen of Ghana who –(a) while employed in the service of the Republic of Ghana or of any statutory corporation does an actoutside of Ghana which if done in Ghana is punishable as an offence, orIndex: AFR 28/004/2012 Amnesty International November 2012
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WHEtHER IN A HIgH-PRoFILECoNFLICt o
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