Search Legislation

International Criminal Court Act 2001

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the International Criminal Court Act 2001. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

  3. The Act

  4. Commentary on Sections

    1. Part 1: the International Criminal Court

      1. Section 1: The and the

    2. Part 2: Arrest and Delivery of Persons

      1. Section 2: Request for arrest and surrender

      2. Section 3: Request for provisional arrest

      3. Section 4: Dealing with person arrested under provisional warrant

      4. Section 5: Proceedings for delivery order

      5. Section 6: Supplementary provisions as to proceedings before competent court

      6. Section 7: Consent to surrender

      7. Section 8: Procedure where court refuses order

      8. Sections 9 and 10: Appeal against refusal of delivery order

      9. Section 11-12: Proceedings where court makes delivery order

      10. Section 13: Waiver of right to review

      11. Section 14: Effect of warrant of arrest

      12. Section 15: Effect of delivery order

      13. Sections 16 to 18: Bail and custody

      14. Sections 19 and 20: Discharge of persons

      15. Section 21: Request for transit

      16. Section 22: Unscheduled landing by person in transit

      17. Section 23: Provisions as to State or diplomatic immunity

      18. Section 24: Delivery up of persons subject to criminal proceedings

      19. Section 25: Documents having effect as warrants

      20. Section 26: Meaning of “appropriate judicial officer” and “competent court”

    3. Part 3: Other Forms of Assistance

      1. Section 27: Provision of assistance

      2. Section 28: Questioning of person being investigated or prosecuted

      3. Section 29: Taking or production of evidence

      4. Section 30: Taking or production of evidence: further provisions

      5. Section 31: Service of process

      6. Section 32: Transfer of prisoner to give evidence or assist in investigation

      7. Section 33: Powers of entry, search and seizure

      8. Section 34: Taking of fingerprints or non-intimate sample

      9. Section 35: Orders for exhumation

      10. Section 36: Provision of records and other documents

      11. Sections 37 and 38: Assistance in investigating the proceeds of crime

      12. Section 39: Matters prejudicial to national security

    4. Part 4: Enforcement of Sentences and Orders

      1. Section 42: Detention in the United Kingdom in pursuance of sentence

      2. Section 43: Temporary return or transfer of custody to another state

      3. Sections 44 and 45: Transfer to another part of the UK

      4. Section 46: Domestic sentence current at end of term of sentence

      5. Section 47: Custody of prisoner in transit

      6. Section 49: Power to make provision for enforcement of other orders

    5. Part 5: Offences under Domestic Law

      1. Section 50: Meaning of “genocide”, “crime against humanity” and “war crime”

      2. Section 51: Genocide, crimes against humanity and war crimes

      3. Section 52: Conduct ancillary to genocide, committed outside jurisdiction

      4. Section 53: Trial and punishment of main offences

      5. Section 54: Offences in relation to the

      6. Section 55: Meaning of “ancillary offences”

      7. Section 56: Saving for general principles of liability

      8. Section 57: Protection of victims and witnesses

      9. Sections 58 to 64: Northern Ireland

      10. Section 65: Responsibility of commanders and other superiors

      11. Section 66: Mental Element

      12. Section 67: Meaning of “United Kingdom national”, “UK resident” and “person subject to UK service jurisdiction”

      13. Section 68: Proceedings against persons becoming resident within the jurisdiction

      14. Section 70: Offences under section 1 of the Geneva Conventions Act 1957

      15. Section 71: Extradition: Orders in Council under the 1870 Act

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

      17. Section 73: Extradition: offences not regarded as of political character

      18. Section 74: Consequential amendments of armed forces legislation

    6. Part 6: General Provisions

      1. Section 77: Application of provisions to other International Tribunals

      2. Section 78: Crown application

      3. Section 79: Extent

      4. Section 80: Power to make provision in relation to Scotland

    7. Schedule 1: Supplementary Provisions Relating to the Icc

      1. Paragraph 1: Legal capacity, privileges and immunities

      2. Paragraph 2: Power to provide for sittings of the in the UK

      3. Paragraph 3: Power to give effect to Rules of Procedure and Evidence

      4. Paragraph 4: Parliamentary approval of draft Orders

      5. Paragraph 7: Pension provision for UK judges of

    8. Schedule 2: Delivery Up of Persons Subject to Criminal Proceedings Etc.

    9. Part 1: Criminal Proceedings

      1. Paragraphs 2 to 4: Criminal proceedings

      2. Paragraph 5: Effect on custodial sentences

      3. Paragraph 6: Power to suspend or revoke other orders

    10. Part 2: Extradition Proceedings

    11. Part 3: Other Delivery Proceedings

    12. Schedule 4: Taking of Fingerprints Or Non-Intimate Samples

    13. Schedule 5: Investigation of Proceeds of Icc Crime

    14. Part 1: Production or access orders

    15. Part 2: Search Warrants

    16. Schedule 6: Freezing Orders in Respect of Property Liable to Forfeiture

    17. Schedule 7: Domestic Provisions Not Applicable to Icc Prisoners

      1. Paragraph 1: Introduction

      2. Paragraph 2: Provisions affecting length of sentence

      3. Paragraph 3: Provisions relating to early release or release on licence

    18. Schedule 8: Genocide, Crimes Against Humanity and War Crimes: Articles 6 to 9

    19. Schedule 10: Repeals

  5. Commencement

  6. Hansard References

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources