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International Criminal Court Act 2001

Part 6: General Provisions

115.This Part has UK-wide extent.

Section 77: Application of provisions to other International Tribunals

116.The effect of subsections (1) and (2) is that State or diplomatic immunity will not prevent the arrest and surrender of a person indicted by either of the International Criminal Tribunals for the former Yugoslavia and Rwanda.

117.The effect of subsection (3) is that the UK can accept prisoners from either of the two Tribunals to serve their sentences in domestic prisons. This would be subject to the UK reaching an enforcement of sentences agreement with that Tribunal.

118.Should the Security Council establish any future Tribunals along the lines of the International Criminal Tribunals for the former Yugoslavia and Rwanda, the relevant Security Council resolution will be given effect to by an Order in Council under the United Nations Act 1946. Subsection (4) provides that such an Order in Council may include provisions to allow for the arrest and surrender of persons with State or diplomatic immunity and to enable convicted persons to serve their sentences in domestic prisons.

Section 78: Crown application

119.This section specifies that the Act binds the Crown.

Section 79: Extent

120.Subsection (1) lists those provisions which do not extend to Scotland.

121.Subsection (5) is included because jurisdiction under the Service Discipline Acts is personal rather than geographical. A person subject to Service jurisdiction may be proceeded against under that jurisdiction for an offence wherever in the world it is committed. It is therefore necessary to extend the geographical limits of the Act so that Service courts are able to exercise jurisdiction even when sitting outside the UK.

Section 80: Power to make provision in relation to Scotland

122.The section enables the Secretary of State, by statutory instrument, to make modifications or adaptations of this Act so that it dovetails properly with the corresponding Scottish legislation and ensures that the UK is able to fulfil its obligations under the ICC Statute.

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