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

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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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