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Session 2000-2001
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International Criminal Court Bill

This is the text of the International Criminal Court Bill, as amended in Committee in the House of Lords and printed on 12th February 2001.

 
 
  
International Criminal Court Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
THE INTERNATIONAL CRIMINAL COURT
Clause 
1.The ICC and the ICC Statute.

PART II
ARREST AND DELIVERY OF PERSONS
Proceedings on request
2.Request for arrest and surrender.
3.Request for provisional arrest.
4.Dealing with person arrested under provisional warrant.
5.Proceedings for delivery order.
6.Supplementary provisions as to proceedings before competent court.
7.Consent to surrender.

Proceedings where court refuses delivery order
8.Procedure where court refuses order.
9.Appeal against refusal of delivery order: England and Wales.
10.Appeal against refusal of delivery order: Scotland.

Proceedings where court makes delivery order
11.Procedure where court makes order.
12.Right to review of delivery order.
13.Waiver of right to review.

Warrants, custody, bail and related matters
14.Effect of warrant of arrest.
15.Effect of delivery order.
16.Bail and custody: general.
17.Bail and custody: supplementary.
18.Bail and custody: consultation with the ICC, &c.
19.Discharge of person not delivered up.
20.Discharge of person no longer required to be surrendered.

Request for transit and unscheduled landing
21.Request for transit.
22.Unscheduled landing.

Supplementary provisions
23.Provisions as to state or diplomatic immunity.
24.Delivery up of persons subject to criminal proceedings, &c.
25.Documents having effect as warrants, &c.
26.Meaning of "appropriate judicial officer" and "competent court".

PART III
OTHER FORMS OF ASSISTANCE
Introduction
27.Provision of assistance.

Forms of assistance
28.Questioning.
29.Taking or production of evidence.
30.Taking or production of evidence: further provisions.
31.Service of process.
32.Transfer of prisoner to give evidence or assist in investigation.
33.Entry, search and seizure.
34.Taking of fingerprints or non-intimate sample.
35.Orders for exhumation.
36.Provision of records and documents.
37.Investigation of proceeds of ICC crime.
38.Freezing orders in respect of property liable to forfeiture.

National security
39.Production or disclosure prejudicial to national security.

Supplementary provisions
40.Verification of material.
41.Transmission of material to the ICC.

PART IV
ENFORCEMENT OF SENTENCES AND ORDERS
Sentences of imprisonment
42.Detention in the United Kingdom in pursuance of ICC sentence.
43.Temporary return or transfer of custody to another state.
44.Transfer to another part of the United Kingdom: transfer of ICC sentence.
45.Transfer to another part of the United Kingdom: transfer for temporary purposes.
46.Domestic sentence current at end of term of ICC sentence.
47.Custody of prisoner in transit, &c.
48.Interpretation of ss. 42 to 47.

Other orders
49.Power to make provision for enforcement of other orders.

PART V
OFFENCES UNDER DOMESTIC LAW
Introduction
50.Meaning of "genocide", "crime against humanity" and "war crime".

England and Wales
51.Genocide, crimes against humanity and war crimes.
52.Conduct ancillary to genocide, etc. committed outside jurisdiction.
53.Trial and punishment of main offences.
54.Offences in relation to the ICC.
55.Meaning of "ancillary offence".
56.Saving for general principles of liability, etc.
57.Protection of victims and witnesses.

Northern Ireland
58.Genocide, crimes against humanity and war crimes.
59.Conduct ancillary to genocide, etc. committed outside jurisdiction.
60.Trial and punishment of main offences.
61.Offences in relation to the ICC.
62.Meaning of "ancillary offence".
63.Saving for general principles of liability, etc.
64.Protection of victims and witnesses.

Supplementary provisions
65.Responsibility of commanders and other superiors.
66.Mental element.
67.Meaning of "UK national" and "person subject to UK service jurisdiction".
68.References to acts to include omissions, etc.

Consequential provisions
69.Offences under section 1 of the Geneva Conventions Act 1957.
70.Extradition: Orders in Council under the 1870 Act.
71.Extradition: exception to dual criminality rule under the 1989 Act.
72.Extradition: offences not regarded as of political character etc.
73.Consequential amendments of armed forces legislation.

PART VI
GENERAL PROVISIONS
Interpretation
74.Meaning of "national court" and "service court".
75.Meaning of "British aircraft", "British hovercraft" and "British ship".

Application and extent
76.Application of provisions in relation to other International Tribunals.
77.Crown application.
78.Extent.
79.Power to make provision in relation to Scotland.

Final provisions
80.Index of defined expressions.
81.Commencement.
82.Repeals.
83.Short title.
 

SCHEDULES:
    Schedule 1-Supplementary provisions relating to the ICC.
    Schedule 2-Delivery up of persons subject to criminal proceedings, &c..
    Part I-Criminal proceedings.
    Part II-Extradition proceedings.
    Part III-Other delivery proceedings.
    Schedule 3-Rights of persons during investigation: article 55.
    Schedule 4-Taking of fingerprints or non-intimate samples.
    Schedule 5-Investigation of proceeds of ICC crime.
    Part I-Production or access orders.
    Part II-Search warrants.
    Part III-Supplementary provisions.
    Schedule 6-Freezing orders in respect of property liable to forfeiture.
    Schedule 7-Domestic provisions not applicable to ICC prisoners.
    Schedule 8-Genocide, crimes against humanity and war crimes: articles 6 to 9.
    Schedule 9-Offences against the ICC: article 70.
    Schedule 10-Repeals.
 


 
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© Parliamentary copyright 2001
Prepared 13 February 2001