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1. Introductory provisions
 
  Article 05-The Criminal Code and Military Code  
5.1 The Criminal Code and Military Code  
  The Criminal Code of Africans Union shall be responsible for administering the criminal standards, conditions of and operations of the all criminal law, whereas the Military Code shall be responsible for the conditions and rules of military law and operations of the military courts.  
5.2 Precedence of Military Code over Criminal Code when armed forces assigned to mission  
  The Military Law and Criminal Law share many common types of offences, however the Military Code shall always take precedence over the Criminal Code for all armed forces personnel, service providers to the armed forces and any prisoners of the armed forces when assigned to a mission, in a combat area or stationed in a non-territory of Africans Union.  
  In any of these situations, a person to whom the Military Code applies cannot be charged with a Criminal offence.  
  However, when persons to whom the Military Code applies are not on mission, in combat and are within a territory of Africans Union, whether on active duty, or on leave, Criminal law shall take precedence over Military law.  
5.3 The right to claim court jurisdiction for the hearing of criminal matters  
  The armed forces shall be granted the right to reserve jurisdiction for any and all criminal matters brought before persons to whom the Military Code applies and for those matters to be heard in a military court under the rules of court procedure listed in this code.  
  The armed forces shall also be granted the right to apply such additional sentence requirements as deemed fit above the maximum sentence allocation of the Criminal Code, excluding capital punishment.  
     
     
 
 

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