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Amendments to the International Criminal Court Bill

International Criminal Court Bill -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the International Criminal Court Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the Order of 6th March 2001, as follows-- 
 Clauses 1 to 24
Schedule 2
Clauses 25 to 28
Schedule 3
Clauses 29 to 34
Schedule 4
Clauses 35 to 37
Schedule 5
Clause 38
Schedule 6
Clauses 39 to 42
Schedule 7
Clauses 43 to 50
Schedule 8
Clauses 51 to 54
Schedule 9
Clauses 55 to 83
Schedule 10
Schedule 1
 
  
Before Clause 1
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
1     Insert the following new Clause-- 
     ("  .  This Act shall have effect subject to the making of an interpretative statement on ratification of the ICC Statute by Her Majesty's Government that measures for the protection and safeguard of Prisoners of War under Article 8 taken in armed conflict of an international character, is to be reviewed by members of the Assembly of State Parties for redefinition and clarification.")Protection and safeguard of Prisoners of War.
  
BY THE LORD HOWELL OF GUILDFORD
THE LORD KINGSLAND
 
2     Insert the following new 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 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.")Jurisdiction of
the Court.
  
Clause 2
 
  
BY THE LORD HOWELL OF GUILDFORD
THE LORD KINGSLAND
 
3     Page 1, line 23, leave out ("shall") and insert ("may") 
  
BY THE LORD LAMONT OF LERWICK
 
4*     Page 1, line 24, at end insert--
 
    ("(  )  The Secretary of State shall not transmit the request if the charges brought against the person relate to an offence alleged to have been committed in a country whose democratically elected Government had, at the time of the arrest, agreed to an amnesty for all those who might otherwise be charged with ICC crimes during the period covered by the amnesty, and where the offence was committed in that country.")
 
5*     Page 1, line 24, at end insert--
 
    ("(  )  The Secretary of State shall not transmit the request if the person to whom the charges relate has been convicted of an offence, and--
    (a)  subsequently released from prison under the terms of the Good Friday Agreement, or
    (b)  is the subject of an amnesty agreed at a future date under the Northern Ireland peace process.")
 
6*     Page 1, line 24, at end insert--
 
    ("(  )  The Secretary of State shall not transmit the request if the person alleged to have committed an ICC crime is a citizen of a country that has not ratified the Statute of the ICC, and this subsection applies even if the alleged crimes were committed outside the territory of that country.")
 
  
Clause 3
 
  
BY THE LORD HOWELL OF GUILDFORD
THE LORD KINGSLAND
 
7     Page 2, line 25, leave out ("shall") and insert ("may") 
8     Page 2, line 37, leave out first ("shall") and insert ("may") 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
9     Page 2, leave out line 40 and insert ("on the application by the procurator fiscal, which shall state--") 
10     Page 2, line 44, leave out from beginning to second ("officer") in line 45 and insert ("an appropriate judicial") 
  
Clause 5
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
11     Page 4, leave out line 14 and insert--
 
    ("(5A)  Whether or not it makes a delivery order, the competent court may of its own motion, and shall on the application of the person arrested, determine--
    (a)  whether the person was lawfully arrested in pursuance of the warrant, and
    (b)  whether his rights have been respected.
    (5B)  In making a determination under subsection (5A) the court shall apply the principles which would be applied on an application for judicial review.
 
    (6)  If the court determines--")
 
12     Page 4, line 17, at end insert--
 
("it shall make a declaration or declarator to that effect, but may not grant any other relief.
 
    (6A)")
 
13     Page 4, line 19, leave out ("that fact") and insert ("any declaration or declarator under subsection (6)") 
  
Clause 7
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
14     Page 5, line 27, after ("bail") insert ("in England and Wales") 
  
Clause 11
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
15     Page 7, line 21, leave out ("in ordinary language") 
16     Page 7, line 22, after ("order)") insert (", in ordinary terms and in a language which appears to the court to be one which he fully understands and speaks") 
  
Clause 12
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
17     Page 8, line 7, at end insert ("(but with the substitution in section 5(5A) for "makes a delivery order" of "sets aside the delivery order")") 
  
Clause 13
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
18     Page 8, line 33, after ("bail") insert ("in England and Wales") 
  
Clause 16
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
19     Page 9, line 39, at beginning insert ("if an application for bail is made to the court,") 
20     Page 9, line 44, leave out subsection (3) 
21     Page 10, line 6, at end insert--
 
    ("(  )  Where under this Part a court in Scotland has power to remand a person and the person makes an application to the court for bail, the court may admit him to bail and shall have the like powers in doing so as it has in proceedings in respect of an offence alleged to have been committed by him.")
 
22     Page 10, line 9, at end insert (", or who is in custody awaiting trial or sentence by a national court") 
  
Clause 17
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
23     Page 10, line 11, at end insert ("in England and Wales") 
24     Page 10, line 12, leave out ("in England and Wales") 
  
Clause 23
 
  
BY THE LORD LESTOR OF HERNE HILL
THE LORD GOODHART
 
25*     Page 13, line 21, leave out subsection (4) 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
26     Page 13, line 23, leave out from ("Part") to end of line 24 and insert ("which, but for subsection (1) or (2), would be prevented by state or diplomatic immunity attaching to a person shall not be taken against that person") 
  
BY THE LORD LESTOR OF HERNE HILL
THE LORD GOODHART
 
27*     Page 13, line 24, at end insert--
 
    ("(  )  Where, in a particular case, the ICC has not made a final determination as to whether Article 98 of the Statute applies to a request, the Secretary of State may postpone his consideration of the request and consult with the ICC.
 
    (  )  If the ICC advises that it has considered Article 98 and that it intends to proceed with the request, the Secretary of State must continue to deal with the request under this Part.")
 
  
Clause 39
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
28*     Page 19, line 13, at end insert--
 
    ("(  )  The decision to refuse to disclose a document or a piece of information to the ICC, or the decision to issue a certificate under this section, shall not be made unless the Secretary of State has consulted the ICC, as outlined in Article 72.")
 
 
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