International Criminal Court Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 59
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
THE LORD CLINTON-DAVIS
 
123     Page 28, line 2, after ("person") insert (", whatever his nationality,") 
124     Page 28, line 3, leave out ("act to which this section applies") and insert ("offence under section 51, whether committed within Northern Ireland or outside the United Kingdom") 
125     Page 28, line 4, leave out subsection (2) 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 59 stand part of the Bill. 
  
Clause 60
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 60 stand part of the Bill. 
  
Clause 61
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 61 stand part of the Bill. 
  
Clause 62
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 62 stand part of the Bill. 
  
Clause 63
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 63 stand part of the Bill. 
  
Clause 64
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 64 stand part of the Bill. 
  
Clause 65
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
126     Page 31, line 10, leave out from ("or") to ("that") in line 11 and insert ("consciously disregarded information which clearly indicated") 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 65 stand part of the Bill. 
  
Clause 66
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 66 stand part of the Bill. 
  
After Clause 66
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
127     Insert the following new 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 of continuing or imminent serious bodily harm against that person, or another person, and
    (b)  the person acts necessarily and reasonably to avoid this threat.")
Defence against unlawful use of force.
  
Clause 67
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 67 stand part of the Bill. 
  
Clause 68
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 68 stand part of the Bill. 
  
Clause 69
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 69 stand part of the Bill. 
  
Clause 70
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
128     Page 33, line 36, at end insert ("any Part V offence.
 
    (2A)  Part V offence" means--")
 
129     Page 33, line 42, leave out subsection (3) and insert--
 
    ("(2B)  For the purposes of Schedule 1 to the 1989 Act, conduct, wherever committed, which constitutes--
    (a)  a Part V 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.
 
    (2C)  If any conduct would constitute a Part V 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 (2B) applies to the conduct as if it constituted a Part V offence.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 70 stand part of the Bill. 
  
After Clause 70
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
130     Insert the following new 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")
Reporting of consultation between ICC and Secretary of State.
  
Clause 71
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 71 stand part of the Bill. 
  
Clause 72
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 72 stand part of the Bill. 
  
Clause 73
 
  
BY THE EARL ATLEE
 
131     Page 36, line 15, leave out ("court rtial") and insert ("court-martial") 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 73 stand part of the Bill. 
  
Clause 74
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 74 stand part of the Bill. 
  
Clause 75
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 75 stand part of the Bill. 
  
After Clause 75
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
132     Insert the following new Clause-- 
     ("  .  The national courts of the United Kingdom may have regard to the verbatim transcripts of both Houses of Parliament of the United Kingdom (Hansard) and any equivalent reports of the devolved chambers of the United Kingdom when interpreting this Act.")Verbatim transcripts.
  
Clause 76
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
133     Page 37, line 20, leave out ("and (3)") and insert (", (3) and (4A)") 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 76 stand part of the Bill. 
  
Clause 77
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
134     Page 37, line 37, leave out from ("Crown") to (", and") in line 38 
135     Page 37, line 39, 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.")
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 77 stand part of the Bill. 
  
Clause 78
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
136     Page 37, line 41, after ("except") insert ("section 32 (transfer of prisoner to give evidence or assist in investigation) and") 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 78 stand part of the Bill. 
  
Clause 79
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 79 stand part of the Bill. 
  
Clause 80
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 80 stand part of the Bill. 
  
Clause 81
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 81 stand part of the Bill. 
  
Clause 82
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 82 stand part of the Bill. 
  
Clause 83
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Clause 83 stand part of the Bill. 
  
Schedule 10
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Schedule 10 be the tenth Schedule to the Bill. 
  
Schedule 1
 
  
BY THE LORD LAMONT OF LERWICK
 
     The Lord Lamont of Lerwick gives notice of his intention to oppose the Question that Schedule 1 be the first Schedule to the Bill. 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
137     Page 40, line 41, after ("shall,") insert ("unless the contrary is shown on the balance of probabilities,") 
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 9 February 2001