PART 1
OFFENCES
2 Conduct ancillary to genocide etc.
(1) It shall be an offence for a person to engage in conduct ancillary to an act that constitutes —
an offence under section 1(1) of this Act ; or
an offence under this section.
(2) Subsection (1) above applies where the conduct in question consists of or includes an act committed outwith Scotland by a United Kingdom national or a United Kingdom resident.
(3) It shall be an offence for a person to engage in conduct ancillary to an act committed (or intended to be committed) outwith Scotland by a person other than a United Kingdom
national or a United Kingdom resident that, if the act were committed in Scotland (or were committed by a United Kingdom national or a United Kingdom resident), would constitute—
an offence under section 1(1) of this Act ; or
an offence under this section.
(4) Subsection (3) above applies where the conduct in question consists of or includes an act committed —
in Scotland ; or
outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.
(5) The references in subsections (1) and (3) above to conduct ancillary to an act are to conduct that would constitute an ancillary offence in relation to that act if —
that conduct consisted of or included an act committed in Scotland ; and
that act were committed in Scotland.
PART 1
OFFENCES
6 Proceedings against persons becoming resident in the United Kingdom
(1) This section applies in relation to a person who—
commits acts outwith the United Kingdom at a time when that person is neither a United Kingdom national nor a United Kingdom resident ; and
subsequently becomes a United Kingdom resident.
(2) Proceedings may be brought against such a person in Scotland for a substantive offence if—
that person is a United Kingdom resident at the time the proceedings are brought ; and
the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in Scotland.
(3) Proceedings may be brought against such a person in Scotland for an offence ancillary to a substantive offence (or what would be such a substantive offence if committed in Scotland) if—
that person is a United Kingdom resident at the time the proceedings are brought ; and
the acts in respect of which the proceedings are brought would have constituted that ancillary offence if they had been committed in Scotland.
(4) In this section a "substantive offence" means an offence under this Part of this Act other than an ancillary offence.
(5) Nothing in this section shall be read as restricting the operation of any other provision of this Part of this Act.
PART 5
OFFENCES UNDER DOMESTIC LAW
Introduction
Genocide, crimes against humanity and war crimes
55.—(1) It is an offence against the law of the Territory for a person to commit genocide, a crime against humanity or a war crime.
(2) This section applies to acts committed—
(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.
Conduct ancillary to genocide, etc. committed outside jurisdiction
56.—(1) It is an offence against the law of the Territory 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 the Territory 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 the Territory, 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 the Territory.
(4) This section applies where the conduct in question consists of or includes an act committed—
(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.