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International Criminal Court (Scotland) Act 2001

Section 9 – Application of the principles of the law of Scotland, construction etc.

19.This section explains how the courts are to interpret and apply the ICC Statute. Subsection (1) provides that the domestic courts will apply the principles of the law of Scotland in trying offences under Part 1 of the Act.

20.The courts must take into account the Elements of Crimes when interpreting and applying articles 6, 7 and 8.2. The Elements of Crimes will be adopted by the ICC when it is established, but are likely to be similar to those adopted by the Preparatory Commission for the ICC on 30 June 2000. When they have been adopted the UK Act provides that the text will be set out in regulations which will be made by statutory instrument. These articles must also be construed subject to and in accordance with any reservations or declarations made by the UK Government and certified by Order in Council made under the UK Act.

21.In interpreting and applying the provisions of the articles referred to in paragraph 21 above, and also article 70.1 (and sections 5 and 8 of this Act), the courts are required to take into account any relevant jurisprudence of the ICC. They may also take into account any other relevant international jurisprudence (for example, that of the International Criminal Tribunals).

22.Finally, subsection (5) preserves existing enactments and rules in respect of the extraterritorial application of offences and in respect of offences ancillary to offences under Part 1 of the Act. For example, the provision for extraterritorial jurisdiction over grave breaches of the Geneva Convention Act 1957 is unaffected.

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Explanatory Notes

Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.


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