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Amendment Paper as at
Thursday 10th May 2001

CONSIDERATION OF BILL


INTERNATIONAL CRIMINAL COURT BILL [LORDS], AS AMENDED

NEW CLAUSES

Declaration upon ratification

   

Mr Crispin Blunt

NC1

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 cognisant 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 politicisation 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

NC2

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.'.


Jurisdiction of the court

   

Mr Francis Maude
Mr Edward Garnier
Mrs Cheryl Gillan
Mr Stephen Day

NC3

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

   

Mr Francis Maude
Mr Edward Garnier
Mrs Cheryl Gillan
Mr Stephen Day

NC4

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

   

Mr Francis Maude
Mr Edward Garnier
Mrs Cheryl Gillan
Mr Stephen Day

NC5

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

   

Mr Francis Maude
Mr Edward Garnier
Mrs Cheryl Gillan
Mr Stephen Day

NC6

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

   

Mr Francis Maude
Mr Edward Garnier
Mrs Cheryl Gillan
Mr Stephen Day

NC7

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.'.


   

Mr Crispin Blunt

1

Page     1,     line     9     [Clause     1],     leave out '(other than the crime of aggression)'.

   

Mr Crispin Blunt

2

Page     1,     line     10     [Clause     1],     at end insert 'other than crimes arising out of amendments to Articles 5, 6, 7 and 8 of the ICC Statute'.


   

Mr Crispin Blunt

3

Page     2,     line     8     [Clause     2],     at end insert 'unless he is satisfied that the person referred to is a citizen of the United Kingdom or the crime alleged was carried out on the territory of the United Kingdom.

    (1A)   If he is satisfied that the person referred to is a citizen of the United Kingdom or the crime alleged was carried out on the territory of the United Kingdom the Secretary of State will commence proceedings under Article 19 of the ICC Statute to challenge the jurisdiction of the ICC.

    (1B)   If the challenge to the ICC under subsection (1A) is unsuccessful—

    (a)   an enquiry shall be held by a joint committee of both Houses of Parliament as to why the ICC had satisfied itself that the United Kingdom had not properly discharged its obligations under Article 17, and if the Committee finds that the judgement of the ICC was in the judgement of the Committee unreasonable it shall request Her Majesty's Government to give notification of withdrawal under Article 127;

    (b)   he shall transmit the request and documents accompanying it to an appropriate judicial officer.'.


   

Mr Crispin Blunt

13

Page     4,     line     3     [Clause     5],     after 'court', insert 'or service court in the case of service personnel'.

   

Mr Crispin Blunt

4

Page     4,     line     10     [Clause     5],     at end insert 'and

    (c)   that the person brought before the court is not a citizen of the United Kingdom'.

   

Mr Crispin Blunt

5

Page     4,     line     42     [Clause     5],     at end insert—

    '(10)   If the competent court is satisfied that the person brought before the court is a citizen of the United Kingdom it shall adjourn the proceedings and notify the Secretary of State.

    (11)   On receipt of notification from the competent court that the warrant of the ICC refers to a citizen of the United Kingdom the Secretary of State will commence proceedings under Article 19 of ICC Statute to challenge the jurisdiction of the ICC.

    (12)   If the challenge to the ICC under subsection (11) is unsuccessful—

    (a)   an enquiry shall be held by a joint committee of both Houses of Parliament as to why the ICC had satisfied itself that the United Kingdom had not properly discharged its obligations under Article 17, and if the Committee finds that the judgement of the ICC was in the judgement of the Committee unreasonable it shall request Her Majesty's Government to give notification of withdrawal under Article 127;

    (b)   the competent court shall resume its proceedings and make a delivery order.'.


   

Mr Francis Maude
Mr Edward Garnier
Mrs Cheryl Gillan
Mr Stephen Day

23

Page     8,     line     35     [Clause     12],     at end insert—

    '( )   The Secretary of State shall not give directions for the execution of a delivery order where it does not appear to him to be in the public interest to do so.'.


   

Mr Crispin Blunt
Mr Jeremy Corbyn

6

Page     14,     line     17     [Clause     23],     leave out subsection (4).


   

Mr Crispin Blunt
Mr Jeremy Corbyn

7

Page     27,     line     11     [Clause     51],     leave out from first 'Kingdom' to the end of line 12.

   

Mr Crispin Blunt

14

Page     27,     line     11     [Clause     51],     leave out 'a United Kingdom resident'.

   

Mr Crispin Blunt

15

Page     27,     line     12     [Clause     51],     at end insert ', or

    ( )   outside the United Kingdom by a non-UK national who after the alleged offence has been committed is present on British territory.'.

 
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