Amendments proposed to the International Criminal Court Bill [Lords] - continued House of Commons

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Mrs Cheryl Gillan
Mr Edward Garnier

10

Clause     54,     page     28,     line     20,     leave out subsection (2).

   

Mrs Cheryl Gillan
Mr Edward Garnier

11

Clause     54,     page     28,     line     22,     leave out 'shall' and insert 'may'.

   

Mrs Cheryl Gillan
Mr Edward Garnier

12

Clause     54,     page     28,     line     39,     leave out 'or with the consent of'.


   

Mrs Cheryl Gillan
Mr Edward Garnier

13

Clause     57,     page     28,     line     40,     at end insert 'whose consent shall be subject to judicial review.'.


   

Mrs Cheryl Gillan
Mr Edward Garnier

2

Clause     65,     page     34,     line     5,     leave out from 'or' to 'that' in line 6 and insert 'consciously disregarded information which clearly indicated'.

   

Mr Gerald Howarth
Mr Crispin Blunt

28

Clause     65,     page     34,     line     11,     at end insert—

    '(c)   it shall be a defence to any charge arising from this Act for a military commander to claim that he was faithfully discharging the responsibilities laid upon him by a Minister of the Crown.'.

   

Mr Gerald Howarth
Mr Crispin Blunt

29

Clause     65,     page     34,     line     25,     leave out subsection (5).


   

Mr Gerald Howarth
Mr Crispin Blunt

30

Clause     66,     page     35,     line     12,     leave out subsection (4).


   

Mrs Cheryl Gillan
Mr Edward Garnier

3

Clause     78,     page     41,     line     31,     leave out from 'Crown' to ', and' in line 32.

   

Mrs Cheryl Gillan
Mr Edward Garnier

1

Clause     78,     page     41,     line     33,     at end insert—

    '( )   For the avoidance of doubt, this Act does not apply to persons acting in the discharge of their duties in the public service of the Crown.'.


   

Mr John Battle

27

Clause     84,     page     44,     line     3,     leave out subsection (2).


NEW CLAUSES

Jurisdiction of the Court

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC1

To move the following Clause:—

       '.—This Act shall have effect, subject to the making of a declaration by Her Majesty's Government in accordance with Article 124 of the ICC Statute, with the proviso that for a period of seven years after the entry into force of the Statute the United Kingdom does not accept the jurisdiction of the Court with respect to the category of crimes referred to in Article 8 when such crimes are alleged to have been committed by United Kingdom nationals or on United Kingdom territory.'.


Government responsibility to maintain law and order

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC2

To move the following Clause:—

       'Nothing in the ICC Statute shall affect the responsibility of the Government to maintain or re-establish law and order in the State, or to defend the unity and territorial integrity of the State, by all legitimate means at its disposal.'.


Defence against unlawful use of force

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC3

To move the following Clause:—

    '.—(1)   A person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for survival of the person, or another person, or property which is essential for accomplishing a military mission, when he acts against an imminent and unlawful use of force in a manner proportionate to the degree of danger to that person, or the other person, or property protected.

    (2)   A person may rely on the above defence if he can establish, on the balance of probabilities, that he was acting as part of a defensive operation and/or there was a necessity to act in this way.

    (3)   It shall be a defence to any allegation under the ICC Statute, that the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been—

    (a)   caused by duress resulting from a threat of imminent death or constituting imminent serious bodily harm against that person, or another person, and

    (b)   the person acts necessarily and reasonably to avoid this threat.'.


Reporting of consultation between the ICC and Secretary of State

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC4

To move the following Clause:—

       'The Secretary of State shall, following any consultation prior to any proposed warrant, or actual warrant, from the ICC, lay a report before the Foreign Affairs Select Committee of the House of Commons, or any ad hoc committee of that Committee, setting out in particular—

    (a)   the nature of the proposed warrant;

    (b)   the grounds for refusal to accept the warrant; and

    (c)   any reasons given by the Secretary of State why he considers that a warrant should not be issued, or that the case has been dealt with and/or, that the case will be dealt with under United Kingdom jurisdiction.'.


Ratification: reservations and declarations

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC5

To move the following Clause:—

       'The Secretary of State shall not ratify the ICC Statute unless—

    (a)   a report is laid before Parliament, setting out—

            (i)   any reservations Her Majesty's Government proposes to make and the reason for those reservations,

            (ii)   any declarations Her Majesty's Government proposes to make and the reason for such declarations, and

            (iii)   that report is approved by each House of Parliament.'.


Necessary conditions for Act to have effect

   

Mrs Cheryl Gillan
Mr Edward Garnier

NC6

To move the following Clause:—

       'This Act shall have effect subject to—

    (a)   Her Majesty's Government having made an effort in good faith to obtain a correction to the tests in Arabic, Chinese, English, French, Russian and Spanish of Article 8.2( )(viii), by way of a proces-verbal of rectification to be issued by the Secretary General of the United Nations as depositary of the ICC Statute after communicating the proposed correction to all interested states, specifying that the transfers referred to in Article 8.2(b)(viii) are criminal only if those transfers are involuntary on the part of the persons transferred, and

    (b)   failing success in that effort, Her Majesty's Government having made efforts in good faith to obtain an amendment to the Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June 2000, similarly specifying that the transfers referred to in Article 8.2(b)(viii) are criminal only if those transfers are involuntary on the part of the persons transferred, and to obtain a similar specification in the Elements of Crimes to be adopted in accordance with Article 9, and

    (c)   in that case, Her Majesty's Government having, when ratifying the ICC Statute, made a declaration to the effect that the United Kingdom regards the transfers referred to in Article 8.2(b)(viii) as criminal only if those transfers are involuntary on the part of the persons transferred, and not in any case withdrawing that declaration.'.


Declaration upon ratification

   

Mr Crispin Blunt
Mr Gerald Howarth

NC7

*To move the following Clause:—

       'This Act shall have effect subject to the making of a declaration by Her Majesty's Government upon ratification, to be deposited with the Secretary General of the United Nations, as follows—

       "Her Majesty's Government, being cognizant of the declaration upon signature by the Government of the State of Israel, will itself reject attempts to interpret its provisions in a politically motivated manner against actions of the United Kingdom and its citizens. Her Majesty's Government hopes that the United Kingdom's expressions of concern at the consequences of politicization of the intended central impartial body will help prevent the undermining of the objectives of the Statute.".'.


Amendments of the ICC Statute

   

Mr Crispin Blunt
Mr Gerald Howarth

NC8

*To move the following Clause:—

       'If an amendment is adopted to the ICC Statute under Article 121, within six months of the meeting of the Assembly of States Parties which adopts such amendment Her Majesty's Government shall obtain approval for such amendment by positive resolution of both Houses of Parliament, failing such approval being given six months after the meeting of the Assembly of States Parties Her Majesty's Government will give notice for withdrawal under Article 127.'.


NEW SCHEDULE

   

Mrs Cheryl Gillan
Mr Edward Garnier

NS1

To move the following Schedule:—

'Rights of Person Delivered up to the ICC

    1.   All persons delivered up to the ICC under this Act shall be entitled to all the rights, protections and privileges which would be afforded to them in English law if they were facing a trial on indictment in England and Wales.

    2.   No person shall be delivered up to the ICC whether under this Act or otherwise or be subject to any of its powers whether set out in this Act or otherwise, in the absence of a written notice served in each specific case by the ICC at the time of arrest or detention of such a person which guarantees the provision of such rights, protections and privileges.

    3.   The said rights and protections and privileges in paragraph 2 shall include but not be limited to the following—

    (a)   the presumption of innocence until proven guilty;

    (b)   a public trial unless the defendant consents to a trial in secret;

    (c)   the rights to confront and cross-examine witnesses;

    (d)   conduct of proceedings in the defendant's choice at the public expense;

    (e)   the right to remain silent without the drawing of adverse inferences for such silence;

    (f)   all proceedings whether by jury or otherwise to be conducted in the first language of the accused, or with the provision by the ICC to the defence and accused of appropriate and competent interpretation; and

    (g)   a party who has been acquitted of an offence may not be retried for the same offence, or an offence on the same or similar facts.'.


 
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Prepared 6 Apr 2001