Fiji



Constitutional structure and position of IHL in domestic law

Fiji gained independence from Great Britain in 1970. Under the 1997 Constitution, the President, who is elected by the Great Council of Chiefs, is head of State and commander-in-chief of the armed forces. Executive power is vested in the President and exercised by the Prime Minister and his cabinet ministers. The legislature is bicameral, with a House of Representatives and a Senate. The Constitution is presently under review.

The legal system is based on the English common law tradition. International law provisions are not automatically incorporated and do not have direct effect in the domestic legal order unless expressly transformed into domestic law by an act of Parliament.

Fiji succeeded to the United Kingdom as party to the Geneva Conventions of 1949 on 9 August 1971 with respect to its territory as from 10 October 1970, the date on which it became independent IHL - Treaties & Comments. It did not adopt specific implementing legislation. However, it would appear that grave breaches, trial procedures and emblem protection are covered by the UK Geneva Conventions Act (Colonial Territories) Order of 1959 Database 'IHL - National Implementation', View 'Maintenance\2. Implementing Laws & Regulations \ 1. by State', Document 'Geneva Conventions Act (Colonial Territories) Order in Council, 1959' which extended to colonial territories the applicability of the UK Geneva Conventions Act of 1957. The UK Geneva Conventions (Amendment Act) of 1995 is not, however, applicable in Fiji.