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International Criminal Court Act 2001 (c. 17)

(The document as of February, 2008)

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(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.

(5) In subsection (1)(d)--

(a) the reference to assisting an offender is to conduct that in relation to an arrestable offence would amount to an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)); and

(b) the reference to concealing an offence is to conduct that in relation to an arrestable offence would amount to an offence under section 5(1) of that Act.

63 Saving for general principles of liability, etc

(1) In determining whether an offence under this Part has been committed the court shall apply the principles of the law of Northern Ireland.

(2) Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to--

(a) the extra-territorial application of offences (including offences under this Part), or

(b) offences ancillary to offences under this Part (wherever committed).

64 Protection of victims and witnesses

(1) The enactments specified below (which make provision for the protection of victims and witnesses of certain offences) have effect--

(a) as if any reference in those provisions to a specific substantive offence included an offence under section 58 involving conduct constituting that offence; and

(b) as if any reference in those provisions to a specific ancillary offence included--

(i) that ancillary offence in relation to an offence under section 58 involving conduct constituting the substantive offence in question, and

(ii) an offence under section 59 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.

(2) The enactments are--

  • the Sexual Offences (Northern Ireland) Order 1978 (S.I. 1978/460 (N.I. 15)) and the Sexual Offences (Amendment) Act 1992 (c. 34) (protection of victims of sexual offences); and

  • Parts 1 to 4 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) (protection of witnesses and complainants).

Until the commencement of the amendments to the Sexual Offences (Amendment) Act 1992 (c. 34) made by Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, the reference above to the 1992 Act shall be read as a reference to Part 3 of the Criminal Justice (Northern Ireland) Order 1994.

(3) In subsection (1) above--

(a) "substantive offence" means an offence other than an ancillary offence; and

(b) the reference to conduct constituting an offence is to conduct that would constitute that offence if committed in Northern Ireland.



Supplementary provisions

65 Responsibility of commanders and other superiors

(1) This section applies in relation to--

(a) offences under this Part, and

(b) offences ancillary to such offences.

(2) A military commander, or a person effectively acting as a military commander, is responsible for offences committed by forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control properly over such forces where--

(a) he either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences, and

(b) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(3) With respect to superior and subordinate relationships not described in subsection (2), a superior is responsible for offences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates where--

(a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences,

(b) the offences concerned activities that were within his effective responsibility and control, and

(c) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(4) A person responsible under this section for an offence is regarded as aiding, abetting, counselling or procuring the commission of the offence.

(5) In interpreting and applying the provisions of this section (which corresponds to article 28) the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.

(6) Nothing in this section shall be read as restricting or excluding--

(a) any liability of the commander or superior apart from this section, or

(b) the liability of persons other than the commander or superior.

66 Mental element

(1) References in this Part to a person committing--

(a) genocide,

(b) a crime against humanity,

(c) a war crime, or

(d) any of the acts mentioned in article 70.1 (offences against the admninistration of justice in relation to the ICC),

shall be construed in accordance with this section.

(2) Unless otherwise provided by--

(a) the articles mentioned in the definition in section 50(1) of the crimes specified in subsection (1)(a) to (c) above, or any relevant Elements of Crimes (see section 50(2)),

(b) section 54(1) or 61(1) or article 70.1 (offences in relation to the ICC), or

(c) section 65 (responsibility of commanders and other superiors),

a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

(3) For this purpose--

(a) a person has intent--

(i) in relation to conduct, where he means to engage in the conduct, and

(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events; and

(b) "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(4) In interpreting and applying the provisions of this section (which corresponds to article 30) the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.

67 Meaning of "UK national", "UK resident" and "person subject to UK service jurisdiction"

(1) In this Part a"United Kingdom national" means an individual who is--

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas Citizen,

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

(c) a British protected person within the meaning of that Act.

(2) In this Part a "United Kingdom resident" means a person who is resident in the United Kingdom.

(3) In this Part a "person subject to UK service jurisdiction" means--

(a) a person subject to military law, air force law or the Naval Discipline Act 1957 (c. 53);

(b) any such person as is mentioned in section 208A or 209(1) or (2) of the Army Act 1955 (c. 18) or the Air Force Act 1955 (c. 19) (application of Act to passengers in HM ships and aircraft and to certain civilians); or

(c) any such person as is mentioned in section 117 or 118 of the Naval Discipline Act 1957 (application of Act to passengers in HM ships and to certain civilians).

68 Proceedings against persons becoming resident within the jurisdiction

(1) This section applies in relation to a person who commits acts outside the United Kingdom at a time when he is not a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction and who subsequently becomes resident in the United Kingdom.

(2) Proceedings may be brought against such a person in England and Wales or Northern Ireland for a substantive offence under this Part if--

(a) he is resident in the United Kingdom at the time the proceedings are brought, and

(b) the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in that part of the United Kingdom.

(3) Proceedings may be brought against such a person in England and Wales or Northern Ireland for an offence ancillary to a substantive offence under this Part (or what would be such a substantive offence if committed in that part of the United Kingdom) if--

(a) he is resident in the United Kingdom at the time the proceedings are brought, and

(b) the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in that part of the United Kingdom.

(4) In this section a "substantive offence" means an offence other than an ancillary offence.

(5) Nothing in this section shall be read as restricting the operation of any other provision of this Part.

69 References to acts to include omissions, etc

In this Part "act", except where the context otherwise requires, includes an omission, and references to conduct have a corresponding meaning.



Consequential provisions

70 Offences under section 1 of the Geneva Conventions Act 1957

(1) In section 1 of the Geneva Conventions Act 1957 (c. 52) (punishment of grave breaches of the conventions)--

(a) in subsection (1), omit the words from "and on conviction on indictment" to the end; and

(b) omit subsections (3) to (5).

(2) After that section insert--

" 1A Trial and punishment of offences under s.1

(1) The following provisions apply in relation to offences under section 1 of this Act.

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted--

(a) in England and Wales, except by or with the consent of the Attorney General;

(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.

(4) If the offence is not committed in the United Kingdom--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom.

(5) A person convicted of an offence involving murder shall be dealt with as for an offence of murder.

In this subsection "murder" means the killing of a person in such circumstances as would constitute murder if committed in the part of the United Kingdon in which the proceedings are brought.

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years. " .

(3) The above amendments do not apply in relation to offences committed before the commencement of this section.

71 Extradition: Orders in Council under the 1870 Act

(1) This section applies in relation to extradition under Schedule 1 to the Extradition Act 1989 (c. 33) (extradition where an Order in Council under section 2 of the Extradition Act 1870 (c. 52) is in force in relation to the foreign state).

(2) The offences to which such an Order in Council can apply include any Part 5 offence.

(3) "Part 5 offence" means--

(a) an offence under section 51 or 58 (genocide, crimes against humanity and war crimes),

(b) an offence under section 52 or 59 (conduct ancillary to genocide etc. committed outside the jurisdiction), or

(c) an ancillary offence in relation to any such offence.

(4) For the purposes of Schedule 1 to the 1989 Act, conduct, wherever committed, which constitutes--

(a) a Part 5 offence, and

(b) an offence against the law of any state in relation to which that Schedule has effect,

shall be deemed to be an offence committed within the jurisdiction of that state.

(5) If any conduct would constitute a Part 5 offence if committed in the United Kingdom then, notwithstanding that it does not constitute such an offence--

(a) a person whose surrender is sought in respect of that conduct may be surrendered by the United Kingdom in pursuance of an Order in Council to which subsection (2) applies, and

(b) subsection (4) applies to the conduct as if it constituted a Part 5 offence.

(6) References in this section to an offence under any provision of this Part, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.

72 Extradition: exception to dual criminality rule under the 1989 Act

(1) Section 2 of the Extradition Act 1989 (meaning of "extradition crime") is amended as follows.

(2) In subsection (1)(b) (extra-territorial offences), after sub-paragraph (ii) add-- " , or

(iii) the condition specified in subsection (3A) below. " .

(3) After subsection (3) insert--

" (3A) The condition mentioned in subsection (1)(b)(iii) above is that the conduct constituting the offence constitutes or, if committed in the United Kingdom would constitute--

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction), or

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence. " .

(4) After subsection (4) add--

" (5) References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland. " .

73 Extradition: offences not regarded as of political character etc

(1) For section 23 of the Extradition Act 1989 (c. 33) (genocide, etc.) substitute--

" 23 Genocide, crimes against humanity and war crimes

(1) This section applies to--

(a) any offence that if committed in the United Kingdom would be punishable as--

(i) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

(ii) an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction), or

(iii) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence as is mentioned in sub-paragraph (i) or (ii); and

(b) any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (grave breach of scheduled conventions).

(2) For the purposes of this Act--

(a) an offence to which this section applies shall not be regarded as an offence of a political character, and

(b) no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

(3) It is not an objection to proceedings against a person in respect of an offence to which this section applies that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused, or of which he was convicted, he could not have been punished for it.

(4) References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland. " .

(2) In the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), after section 6C insert--

" 6D Genocide, crimes against humanity and war crimes

(1) This section applies to--

(a) any offence that if committed in the United Kingdom would be punishable as--

(i) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

(ii) an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction), or

(iii) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence as is mentioned in sub-paragraph (i) or (ii); and

(b) any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (grave breach of scheduled conventions).

(2) For the purposes of this Act--

(a) an offence to which this section applies shall not be regarded as an offence of a political character, and

(b) no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

(3) It is not an objection to proceedings against a person in respect of an offence to which this section applies that under the law in force at the time when and in the place where he is alleged to have committed the act of which he is accused, or of which he was convicted, he could not have been punished for it.

(4) References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland. " .

74 Consequential amendments of armed forces legislation

(1) In section 70(3) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70(3) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) and section 42(1)(b) of the Naval Discipline Act 1957 (c. 53) (sentence on conviction by court-martial of offence where corresponding civil offence is murder), after "murder" insert ", or an offence for which a person convicted by a civil court is to be dealt with as for an offence of murder,".

(2) In section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) and section 48(2) of the Naval Discipline Act 1957 (c. 53) (civil offences not triable by court-martial if committed in the United Kingdom)--

(a) after "rape" insert "or an offence under section 1 of the Geneva Conventions Act 1957"; and

(b) after "the Nuclear Explosions (Prohibition and Inspections) Act 1998" insert "or an offence under section 51 or 52 of the International Criminal Court Act 2001".

(3) In section 70(5) of the Army Act 1955, section 70(5) of the Air Force Act 1955 and section 48(2) of the Naval Discipline Act 1957 (where offences involving killing are taken to have been committed), after "or manslaughter" insert ", or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,".



Part 6 General provisions

Interpretation

75 Meaning of "national court" and "service court"

In this Act--

  • "national court" means a court in the United Kingdom or a service court; and

  • "service court" means--

    (a)

    a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957,

    (b)

    a disciplinary court constituted under section 52G of the Naval Discipline Act 1957,

    (c)

    a Standing Civilian Court, or

    (d)

    the Courts-Martial Appeal Court.

76 Meaning of "British aircraft", "British hovercraft" and "British ship"

(1) In this Act--

  • "British aircraft" means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982 (c. 16) (application of criminal law to aircraft), or one of Her Majesty's aircraft;

  • "British hovercraft" means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provision made under the Hovercraft Act 1968 (c .59), or one of Her Majesty's hovercraft; and

  • "British ship" means a British ship within the meaning of the Merchant Shipping Act 1995 (c. 21), or one of Her Majesty's ships.

(2) References in subsection (1) to Her Majesty's aircraft, hovercraft or ships are to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the United Kingdom.



Application and extent

77 Application of provisions in relation to other International Tribunals

(1) Section 23 (provisions as to state or diplomatic immunity) applies in relation to proceedings under--

(a) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or

(b) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),

as it applies in relation to proceedings under Part 2 of this Act, with the following adaptations.

(2) The adaptations are--

(a) in subsection (1) omit the words "by reason of a connection with a state party to the ICC Statute";

(b) omit subsections (2), (3) and (5);

(c) in subsection (4)--

(i) for the reference to the ICC substitute a reference to the relevant International Tribunal, and

(ii) omit the words "or (2)".

(3) The provisions of sections 42 to 48 (enforcement of sentences of imprisonment) apply, with any necessary modifications, in relation to a sentence of imprisonment imposed by either of the International Tribunals to which the Orders mentioned in subsection (1) above apply as they apply in relation to a sentence of the ICC.

(4) The power conferred by section 1 of the United Nations Act 1946 (c. 45) (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any other tribunal of a similar character that may be established by resolution of the Security Council of the United Nations provision corresponding to that made in relation to the ICC by the provisions of this Act mentioned in subsection (1) or (3) above.

78 Crown application

This Act binds the Crown and applies to persons in the public service of the Crown, and property held for the purposes of the public service of the Crown, as it applies to other persons and property.

79 Extent

(1) The following provisions of this Act do not extend to Scotland--

(a) Part 3 (other forms of assistance), except section 32 (transfer of prisoner to give evidence or assist in investigation) and section 39 (production or disclosure prejudicial to national security);

(b) section 49 (power to make provision for enforcement of orders other than sentences of imprisonment);

(c) Part 5 (offences under domestic law), except--

  • section 50(3) (regulations setting out Elements of Crimes),

  • section 50(4) (Orders in Council specifying relevant reservations or declarations),

  • section 70 (offences under section 1 of the Geneva Conventions Act 1957 (c. 52)), and

  • sections 71 to 73 (extradition);

(d) the repeal by Schedule 10 of the provisions of the Genocide Act 1969 (c. 12) creating the offence of genocide.

(2) This Act extends to Northern Ireland.

(3) Her Majesty may by Order in Council make provision for extending the provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.

(4) Section 77 of this Act (application of provisions to other International Tribunals) has the same extent as section 1 of the United Nations Act 1946 (c. 45).

(5) The provisions of this Act amending the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or which relate to proceedings under those Acts, extend to any place to which those Acts extend.

80 Power to make provision in relation to Scotland

(1) The Secretary of State may by regulations make such modifications or adaptations of this Act as appear to him appropriate for co-ordinating the provisions of this Act and any corresponding provisions of an Act of the Scottish Parliament.

(2) The regulations may, in particular, make provision--

(a) for the transmission to and from Scottish Ministers of communications from and to the ICC, and

(b) for warrants, orders and other things done under the Scottish provisions to have effect in England and Wales or Northern Ireland as if done under the corresponding provisions of this Act.

(3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.



Final provisions

81 Index of defined expressions

In this Act the expressions listed below are defined or otherwise explained by the provisions indicated--

act and conduct (in Part 5)section 69
ancillary offence (in Part 5)
--in England and Walessection 55
--in Northern Irelandsection 62
appropriate judicial officer (in Part 2)section 26
articlesection 1(2)
British aircraft, British hovercraft and British shipsection 76
competent court (in Part 2)section 26
crime against humanity (in Part 5)section 50(1)
delivery order (in Part 2)section 5(3)
detained (in sections 42 to 47)section 48(1)
genocide (in Part 5)section 50(1)
the ICCsection 1(1)
ICC crimesection 1(1)
the ICC Statutesection 1(1)
national courtsection 75
person subject to UK service jurisdiction (in Part 5)section 67(3)
the prisoner (in Part 4)section 42(1)
provisional warrant (in Part 2)section 3(5)
remand (in Part 2)section 16
section 2 warrant (in Part 2)section 2(5)
service courtsection 75
United Kingdom national (in Part 5)section 67(1)
United Kingdom resident (in Part 5)section 67(2)
war crime (in Part 5)section 50(1)

82 Commencement

(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(2) Any such order shall be made by statutory instrument and may appoint different days for different provisions and purposes.

83 Repeals

The enactments mentioned in Schedule 10 are repealed to the extent specified.

84 Short title

This Act may be cited as the International Criminal Court Act 2001.

SCHEDULES

Section 1(3)

SCHEDULE 1 Supplementary provisions relating to the ICC

Legal capacity, privileges and immunities

1 (1) Her Majesty may by Order in Council confer on the ICC the legal capacities of a body corporate.

(2) Her Majesty may by Order in Council provide that--

(a) the ICC,

(b) the judges, the Prosecutor, the Deputy Prosecutors and the Registrar,

(c) the Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry, and

(d) counsel, experts, witnesses and other persons involved in proceedings of the ICC,

shall have such privileges and immunities as, in the opinion of Her Majesty, are or will be required for giving effect to the ICC Statute or any related agreement to which the United Kingdom, or Her Majesty's government in the United Kingdom, is or will be a party.

Power to provide for sittings of the ICC in the UK

2 (1) Her Majesty may by Order in Council make such provision as appears to Her Majesty to be necessary or expedient to enable sittings of the ICC to be held in the United Kingdom.

(2) Provision may in particular be made with respect to the detention of persons in the custody of the ICC.

Power to give effect to Rules of Procedure and Evidence etc.

3 Her Majesty may by Order in Council make such provision as appears to Her Majesty to be necessary or expedient for giving effect to--

(a) any Rules of Procedure and Evidence having effect under article 51, and

(b) any related agreement to which the United Kingdom, or Her Majesty's government in the United Kingdom, is a party.

Parliamentary approval of draft Orders

4 No recommendation shall be made to Her Majesty to make an Order in Council under paragraph 1, 2 or 3 unless a draft--

(a) has been laid before Parliament and approved by a resolution of each House of Parliament, and

(b) has been laid before, and approved by resolution of, the Scottish Parliament.

Proof of orders, etc. of the ICC

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5 (1) An order, judgment, warrant or request of the ICC which purports--

(a) to bear the seal of the ICC, or

(b) to be signed by a person in his capacity as a judge or officer of the ICC,

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