International Criminal Court Act 2001

1. Introduction

2. Background

3. The Act

4. Commentary on Sections

   1. Part 1: the International Criminal Court

      1. Section 1: The ICC and the ICC Statute

   2. Part 2: Arrest and Delivery of Persons

      1. Section 2: Request for arrest and surrender

      2. Section 3: Request for provisional arrest

      3. Section 4: Dealing with person arrested under provisional warrant

      4. Section 5: Proceedings for delivery order

      5. Section 6: Supplementary provisions as to proceedings before competent court

      6. Section 7: Consent to surrender

      7. Section 8: Procedure where court refuses order

      8. Sections 9 and 10: Appeal against refusal of delivery order

      9. Section 11-12: Proceedings where court makes delivery order

      10. Section 13: Waiver of right to review

      11. Section 14: Effect of warrant of arrest

      12. Section 15: Effect of delivery order

      13. Sections 16 to 18: Bail and custody

      14. Sections 19 and 20: Discharge of persons

      15. Section 21: Request for transit

      16. Section 22: Unscheduled landing by person in transit

      17. Section 23: Provisions as to State or diplomatic immunity

      18. Section 24: Delivery up of persons subject to criminal proceedings etc.

      19. Section 25: Documents having effect as warrants etc.

      20. Section 26: Meaning of “appropriate judicial officer” and “competent court”

   3. Part 3: Other Forms of Assistance

      1. Section 27: Provision of assistance

      2. Section 28: Questioning of person being investigated or prosecuted

      3. Section 29: Taking or production of evidence

      4. Section 30: Taking or production of evidence: further provisions

      5. Section 31: Service of process

      6. Section 32: Transfer of prisoner to give evidence or assist in investigation

      7. Section 33: Powers of entry, search and seizure

      8. Section 34: Taking of fingerprints or non-intimate sample

      9. Section 35: Orders for exhumation

      10. Section 36: Provision of records and other documents

      11. Sections 37 and 38: Assistance in investigating the proceeds of ICC crime

      12. Section 39: Matters prejudicial to national security

   4. Part 4: Enforcement of Sentences and Orders

      1. Section 42: Detention in the United Kingdom in pursuance of ICC sentence

      2. Section 43: Temporary return or transfer of custody to another state

      3. Sections 44 and 45: Transfer to another part of the UK

      4. Section 46: Domestic sentence current at end of term of ICC sentence

      5. Section 47: Custody of prisoner in transit etc.

      6. Section 49: Power to make provision for enforcement of other orders

   5. Part 5: Offences under Domestic Law

      1. Section 50: Meaning of “genocide”, “crime against humanity” and “war crime”

      2. Section 51: Genocide, crimes against humanity and war crimes

      3. Section 52: Conduct ancillary to genocide, etc. committed outside jurisdiction

      4. Section 53: Trial and punishment of main offences

      5. Section 54: Offences in relation to the ICC

      6. Section 55: Meaning of “ancillary offences”

      7. Section 56: Saving for general principles of liability

      8. Section 57: Protection of victims and witnesses

      9. Sections 58 to 64: Northern Ireland

      10. Section 65: Responsibility of commanders and other superiors

      11. Section 66: Mental Element

      12. Section 67: Meaning of “United Kingdom national”, “UK resident” and “person subject to UK service jurisdiction”

      13. Section 68: Proceedings against persons becoming resident within the jurisdiction

      14. Section 70: Offences under section 1 of the Geneva Conventions Act 1957

      15. Section 71: Extradition: Orders in Council under the 1870 Act

      16. Section 72: Extradition: exception to dual criminality rule under the 1989 Act

      17. Section 73: Extradition: offences not regarded as of political character etc.

      18. Section 74: Consequential amendments of armed forces legislation

   6. Part 6: General Provisions

      1. Section 77: Application of provisions to other International Tribunals

      2. Section 78: Crown application

      3. Section 79: Extent

      4. Section 80: Power to make provision in relation to Scotland

   7. Schedule 1: Supplementary Provisions Relating to the Icc

      1. Paragraph 1: Legal capacity, privileges and immunities

      2. Paragraph 2: Power to provide for sittings of the ICC in the UK

      3. Paragraph 3: Power to give effect to Rules of Procedure and Evidence

      4. Paragraph 4: Parliamentary approval of draft Orders

      5. Paragraph 7: Pension provision for UK judges of ICC

   8. Schedule 2: Delivery Up of Persons Subject to Criminal Proceedings Etc.

   9. Part 1: Criminal Proceedings

      1. Paragraphs 2 to 4: Criminal proceedings

      2. Paragraph 5: Effect on custodial sentences

      3. Paragraph 6: Power to suspend or revoke other orders

   10. Part 2: Extradition Proceedings

   11. Part 3: Other Delivery Proceedings

   12. Schedule 4: Taking of Fingerprints Or Non-Intimate Samples

   13. Schedule 5: Investigation of Proceeds of Icc Crime

   14. Part 1: Production or access orders

   15. Part 2: Search Warrants

   16. Schedule 6: Freezing Orders in Respect of Property Liable to Forfeiture

   17. Schedule 7: Domestic Provisions Not Applicable to Icc Prisoners

       1. Paragraph 1: Introduction

       2. Paragraph 2: Provisions affecting length of sentence

       3. Paragraph 3: Provisions relating to early release or release on licence

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

   19. Schedule 10: Repeals

5. Commencement

6. Hansard References