International Criminal Court Act 2001 Explanatory Notes

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

157.This Schedule reproduces Articles 6-9 of the Statute with the exceptions of three provisions in Article 8 (war crimes): Articles 8.1, 8.2(b)(xx) and 8.3. Article 8.1 and 8.3 are not relevant to the definition of war crimes in Article 8.2. Article 8.2(b)(xx) will only become operative if the Statute is amended and the earliest such an amendment could be adopted is seven years after the entry into force of the Statute. If new offences were to be added to the Statute in this way, they would not become offences under domestic law without new primary legislation.

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