Part 2 - Criminal Offences

Chapter 3 - Other Offences

70 Genocide, crimes against humanity and war crimes

(1) The International Criminal Court Act 2001 (c. 17) is amended as follows.

(2) In sections 53 and 60 (trial and punishment of main offences), after subsection (6) add—

“(7) Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).”

(3) After section 65 insert—

“65A Retrospective application of certain offences

(1) Sections 51 and 58 apply to acts committed on or after 1 January 1991.

(2) But those sections do not apply to a crime against humanity, or a war crime within article 8.2(b) or (e), committed by a person before 1 September 2001 unless, at the time the act constituting that crime was committed, the act amounted in the circumstances to a criminal offence under international law.

(3) Section 52 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of England and Wales but for this section.

(4) Section 59 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of Northern Ireland but for this section.

(5) Any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence—
(a) applies to conduct in which a person engaged on or after 1 January 1991, and
(b) applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.

(6) But sections 52 and 59, and any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence, do not apply to—
(a) conduct in which the person engaged before 1 September 2001, or
(b) conduct in which the person engaged on or after that date which was ancillary to an act or conduct which—
(i) was committed or engaged in before that date, and
(ii) would not constitute a relevant Part 5 offence, or fall within section 52(2) or 59(2), but for this section, unless, at the time the person engaged in the conduct, it amounted in the circumstances to a criminal offence under international law.

(7) Section 65, so far as it has effect in relation to relevant Part 5 offences—
(a) applies to failures to exercise control of the kind mentioned in section 65(2) or (3) which occurred on or after 1 January 1991, and
(b) applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.

(8) But section 65, so far as it has effect in relation to relevant Part 5 offences, does not apply to a failure to exercise control of the kind mentioned in section 65(2) or (3) which occurred before 1 September 2001 unless, at the time the failure occurred, it amounted in the circumstances to a criminal offence under international law.

(9) In this section “relevant Part 5 offence” means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence.

65B Modification of penalties: provision supplemental to section 65A

(1) In the case of a pre-existing E&W offence committed before 1 September 2001, in section 53(6) “30 years” is to be read as “14 years”.

(2) In the case of an offence of the kind mentioned in section 55(1)(d) which is ancillary to a pre-existing E&W offence committed before 1 September 2001, nothing in section 53(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act 1967.

(3) In the case of a pre-existing NI offence committed before 1 September 2001, in section 60(6) “30 years” is to be read as “14 years”.

(4) In the case of an offence of the kind mentioned in section 62(1)(d) which is ancillary to a pre-existing NI offence committed before 1 September 2001, nothing in section 60(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act (Northern Ireland) 1967.

(5) In this section — “pre-existing E&W offence” means—
(a) an offence under section 51 on account of an act constituting genocide, if at the time the act was
committed it also amounted to an offence under section 1 of the Genocide Act 1969;
(b) an offence under section 51 on account of an act constituting a war crime, if at the time the act was
committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of the Conventions);
(c) an offence of a kind mentioned in section 55(1)(a) to (c) which is ancillary to an offence within paragraph (a) or (b) above;
“pre-existing NI offence” means—
(a) an offence under section 58 on account of an act constituting genocide, if at the time the act was
committed it also amounted to an offence under section 1 of the Genocide Act 1969;
(b) an offence under section 58 on account of an act constituting a war crime, if at the time the act was
committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of the Conventions);
(c) an offence of a kind mentioned in section 62(1)(a) to (c) which is ancillary to an offence within paragraph (a) or (b) above.”

PART 1
OFFENCES

1 Genocide, crimes against humanity and war crimes

(1) It shall be an offence for a person to commit genocide, a crime against humanity or a war crime.

PART 1
OFFENCES

1 Genocide, crimes against humanity and war crimes

(4) In subsection (1) above—
"genocide" means an act of genocide as defined in article 6 ;

PART 5 Offences under Domestic Law

Introduction

50 Meaning of “genocide”, “crime against humanity” and “war crime”
(1) In this Part “genocide” means an act of genocide as defined in article 6

PART 5 Offence under Domestic Law

England and Wales

51 Genocide, crimes against humanity and war crimes
(1) It is an offence against the law of England and Wales for a person to commit genocide, a crime against humanity or a war crime.
(2) This section applies to acts committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

52 Conduct ancillary to genocide, etc. committed outside jurisdiction
(1) It is an offence against the law of England and Wales for a person to engage in conduct ancillary to an act to which this section applies.
(2) This section applies to an act that if committed in England or Wales would constitute—
(a) an offence under section 51 (genocide, crime against humanity or war crime), or
(b) an offence under this section,
but which, being committed (or intended to be committed) outside England and Wales, does not constitute such an offence.
(3) The reference in subsection (1) to conduct ancillary to such an act is to conduct that would constitute an ancillary offence in relation to that act if the act were committed in England or Wales.
(4) This section applies where the conduct in question consists of or includes an act committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

53 Trial and punishment of main offences
(1) The following provisions apply in relation to—
(a) offences under section 51 (genocide, crimes against humanity and war crimes),
(b) offences under section 52 (conduct ancillary to genocide, etc. committed outside jurisdiction), and
(c) offences ancillary to an offence within paragraph (a) or (b) above.
(2) The offence is triable only on indictment.
(3) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.
(4) If the offence is not committed in England or Wales—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in England or Wales.
(5) A person convicted of—
(a) an offence involving murder, or
(b) an offence ancillary to an offence involving murder,
shall be dealt with as for an offence of murder or, as the case may be, the corresponding ancillary offence in relation to murder.
In this subsection “murder” means the killing of a person in such circumstances as would, if committed in England or Wales, constitute murder.
(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

PART 5 Offences under Domestic Law

England and Wales

55 Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of England and Wales are to—

(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence.

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(c)—
(a) the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).

(5) In subsection (1)(d)—
(a) the reference to assisting an offender is to conduct that in relation to a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act 1967 (c. 58); and
(b) the reference to concealing an offence is to conduct that in relation to a relevant offencewould amount to an offence under section 5(1) of that Act.

56 Saving for general principles of liability, etc

(1) In determining whether an offence under this Part has been committed the court shall apply the principles of the law of England and Wales.

(2) Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to—
(a) the extra-territorial application of offences (including offences under this Part), or
(b) offences ancillary to offences under this Part (wherever committed).

PART 5 Offences under Domestic Law

Northern Ireland

58 Genocide, crimes against humanity and war crimes

(1) It is an offence against the law of Northern Ireland for a person to commit genocide, a crime against humanity or a war crime.

(2) This section applies to acts committed—
(a) in Northern Ireland, or
(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.


59 Conduct ancillary to genocide, etc. committed outside jurisdiction

(1) It is an offence against the law of Northern Ireland for a person to engage in conduct ancillary to an act to which this section applies.

(2) This section applies to an act that if committed in Northern Ireland would constitute—
(a) an offence under section 58 (genocide, crime against humanity or war crime), or
(b) an offence under this section,
but which, being committed (or intended to be committed) outside Northern Ireland, does not constitute such an offence.

(3) The reference in subsection (1) to conduct ancillary to such an act is to conduct that would constitute an ancillary offence in relation to that act if the act were committed in Northern Ireland.

(4) This section applies where the conduct in question consists of or includes an act committed—
(a) in Northern Ireland, or
(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.


60 Trial and punishment of main offences

(1) The following provisions apply in relation to—
(a) offences under section 58 (genocide, crimes against humanity and war crimes),
(b) offences under section 59 (conduct ancillary to genocide, etc. committed outside jurisdiction), and
(c) offences ancillary to an offence within paragraph (a) or (b) above.

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.

(4) If the offence is not committed in Northern Ireland—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in Northern Ireland.

(5) A person convicted of—
(a) an offence involving murder, or
(b) an offence ancillary to an offence involving murder,
shall be dealt with as for an offence of murder or, as the case may be, the corresponding ancillary offence in relation to murder.
In this subsection “murder” means the killing of a person in such circumstances as would, if committed in Northern Ireland, constitute murder.

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

PART 5 Offences under Domestic Law

Supplementary provisions

66 Mental element

(1) References in this Part to a person committing—
(a) genocide,
(b) a crime against humanity,
(c) a war crime, or
(d) any of the acts mentioned in article 70.1 (offences against the admninistration of justice in relation to the ICC),
shall be construed in accordance with this section.

(2) Unless otherwise provided by—
(a) the articles mentioned in the definition in section 50(1) of the crimes specified in subsection (1)(a) to (c) above, or any relevant Elements of Crimes (see section 50(2)),
(b) section 54(1) or 61(1) or article 70.1 (offences in relation to the ICC), or
(c) section 65 (responsibility of commanders and other superiors),
a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

(3) For this purpose—
(a) a person has intent—
(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events; and
(b) “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(4) In interpreting and applying the provisions of this section (which corresponds to article 30) the court shall take into account any relevant judgment or decision of the ICC.
Account may also be taken of any other relevant international jurisprudence.

SCHEDULES

Schedule 8 Genocide, Crimes against Humanity and War Crimes: Articles 6 to 9

Article 6 Genocide

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Part 5 Offences under domestic law

Consequential provisions

71 Extradition: Orders in Council under the 1870 Act

Repealed.

72 Extradition: exception to dual criminality rule under the 1989 Act

Repealed.

73 Extradition: offences not regarded as of political character etc

Repealed.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Trial and punishment of main offences
57.—(1) The following provisions apply in relation to—

(a) offences under section 51 (genocide, crimes against humanity and war crimes),
(b) offences under section 52 (conduct ancillary to genocide, etc. committed outside jurisdiction), and
(c) offences ancillary to an offence within paragraph (a) or (b) above.

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.

(4) If the Offence is not committed in the Territory—

(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in the Territory.

(5) A person convicted of—

(a) an offence involving murder, or
(b) an offence ancillary to an offence involving murder,

shall be dealt with as for an offence of murder or, as the case may be, the corresponding ancillary offence in relation to murder.

In this subsection “murder” means the killing of a person in such circumstances as would, if committed in the Territory, constitute murder.

(6) In any case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Meaning of “ancillary offence”
59.—(1) References in this Part to an ancillary offence under the law of the Territory are to—

(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence .

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to such conduct, however expressed, that in relation to an indictable offence would be punishable under the law of the Territory, whether under any provision of that law or at common law.

(3) In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement, however expressed, under the law of the Territory, whether under any provision of that law or at common law.

(4) In subsection (1)(c)—

(a) the reference to an attempt is to conduct amounting to an offence of attempt, however expressed, under the law of the Territory, whether under any provision of that law or at common law; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy, however expressed, under the law of the Territory, whether under any provision of that law or at common law.

(5) In subsection (1)(d)—

(a) the reference to assisting an offender is to such conduct that would amount to an offence under the law of the Territory, whether under any provision of that law or at common law; and
(b) the reference to concealing an offence is to such conduct that would amount to an offence under the law of the Territory, whether under any provision of that law or at common law.


Saving for general principles of liability, etc
60.—(1) In determining whether an offence under this Part has been committed the court shall apply the principles of the law of the Territory.

(2) Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to—

(a) the extra-territorial application of offences (including offences under this Part), or
(b) offences ancillary to offences under this Part (wherever committed).

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Mental element
70.—(1) References in this Part to a person committing—

(a) genocide,
(b) a crime against humanity,
(c) a war crime, or
(d) any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC),

shall be construed in accordance with this section.

(2) Unless otherwise provided by—

(a) the articles mentioned in the definition in section 50(1) of the crimes specified in subsection (1)(a) to (c) above, or any relevant Elements of Crimes (see section 50(2)),
(b) section 54(1) or article 70.1 (offences in relation to the ICC), or
(c) section 65 (responsibility of commanders and other superiors),

a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

(3) For this purpose—

(a) a person has intent—

(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events; and

(b) “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(4) In interpreting and applying the provisions of this section (which corresponds to article 30) the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.