International Criminal Court (Scotland) Act 2001

Part 4 General

27 Supplementary provisions relating to the ICC

(1) Paragraph 5 of Schedule 1 to the 2001 Act (which sets out the circumstances in which orders, judgments, warrants or requests of the ICC are probative) shall apply for the purposes of this Act as it applies for the purposes of that Act.

(2) Paragraph 6 of that Schedule (which sets out the circumstances in which certificates issued by the ICC, and statements relating to evidence given in proceedings before the ICC, are admissible in proceedings under that Act) shall apply for the purposes of this Act as it applies for the purposes of the 2001 Act but subject to the following modifications—

(a) in sub-paragraph (1), references to the 2001 Act shall be construed as references to this Act; and

(b) in sub-paragraph (2), the reference to proceedings under Parts 2, 3 and 4 of the 2001 Act shall be construed as a reference to proceedings under Parts 2 and 3 of this Act.

28 Interpretation

(1) In this Act, unless the context otherwise requires—

• “the 2001 Act” means the International Criminal Court Act 2001 (c. 17);

• “act” includes an omission, and references to conduct have a corresponding meaning;

• “crime against humanity” has the meaning given by section 1(4) of this Act;

• “Elements of Crimes” means the Elements of Crimes set out in regulations made under section 50(3) of the 2001 Act;

• “evidence” includes documents and other articles;

• “genocide” has the meaning given by section 1(4) of this Act;

• “the ICC” means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998;

• “ICC crime” means a crime (other than the crime of aggression) over which the ICC has jurisdiction in accordance with that Statute;

• “United Kingdom national” means a person who is—

  (a)

  a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

  (b)

  a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

  (c)

  a British protected person within the meaning of that Act;

• “United Kingdom resident” means a person who is resident in the United Kingdom; and

• “war crime” has the meaning given by section 1(4) of this Act.

(2) References in this Act to articles are, unless the context otherwise requires, to articles of the Statute of the International Criminal Court, done at Rome on 17th July 1998.

29 Crown application

This Act binds the Crown and applies to persons in the public service of the Crown, and property held for the purposes of the public service of the Crown, as it applies to other persons and property.

30 Short title and commencement

(1) This Act may be cited as the International Criminal Court (Scotland) Act 2001.

(2) The provisions of this Act, other than this section, shall come into force on such day as the Scottish Ministers may by order appoint; and different days may be so appointed for different purposes.

(3) An order under subsection (2) above shall be made by statutory instrument.