Territorial jurisdiction - national proceedings

United Kingdom of Great Britain and Northern Ireland

International Criminal Court (Scotland) Act 2001 (2015)

PART 1
OFFENCES

1 Genocide, crimes against humanity and war crimes

(2) Subsection (1) above applies to acts committed—
in Scotland ; or
outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

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.

PART 1
OFFENCES

2 Conduct ancillary to genocide etc.

(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

4 Offences in relation to the ICC

(3) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding offences under the law of Scotland apply to acts committed —
in Scotland; or
outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

International Criminal Court Act 2001 (2014)

Part 5 Offences 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.

Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply 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.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

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;