Part 1

Offences

Application of principles of the law of Scotland, construction etc.
9
1
In determining whether an offence under this Part of this Act has been committed the court shall apply the principles of the law of Scotland.
2
In interpreting and applying the provisions of the articles mentioned in section 1(4) of this Act the court shall take into account any relevant Elements of Crimes.
3
The articles mentioned in section 1(4) of this Act shall for the purposes of this Part of this Act be construed subject to and in accordance with any relevant reservation or declaration certified by Order in Council under section 50(4) of the 2001 Act.
4
In interpreting and applying the provisions of sections 5 and 8 of this Act, and the provisions of articles 6, 7, 8.2 and 70.1, the court—
a
shall take into account any relevant judgment or decision of the ICC; and
b
may take into account any other relevant international jurisprudence.
5
Nothing in this Part of this Act shall be read as restricting the operation of any enactment or rule of law relating to—
a
the extra-territorial application of offences (including offences under this Part of this Act); or
b
offences ancillary to offences under this Part of this Act (wherever committed).