The International Criminal Court Act 2001 (Isle of Man) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order extends to the Isle of Man specified provisions of the International Criminal Court Act 2001 (ICCA) subject to the modifications set out in the Schedule.

In particular, section 23(5) of the Act enables United Nations Security Council (UNSC) resolutions which might, depending upon their wording, override any immunities attaching to representatives of all States, including non-Parties, to be implemented in the Isle of Man, where the UNSC refers a situation to the International Criminal Court (ICC) for investigation and prosecution. Section 42(5) disapplies the provisions of the Repatriation of Prisoners Act 1984 to ICC prisoners and Schedule 1 to the Crime (Sentences) Act 1997. Section 44 enables the transfer of prisoners between the UK and the Isle of Man to serve the remainder of an International Criminal Court sentence. Section 45 provides for the temporary transfer of a prisoner in custody between UK jurisdictions and the Isle of Man for the purpose, for example, of attending criminal proceedings against him. Section 70 makes various amendments to the Geneva Conventions Act 1957 to ensure that provisions governing the prosecution of grave breaches of the Geneva Conventions under that Act are consistent with those governing the prosecution of offences under the ICCA.