International Criminal Court Act 2001

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The International Criminal Court Act 2001
Act of Parliament
Coat of arms of the United Kingdom (2022, variant 1).svg
Parliament of the United Kingdom
Long title An Act to give effect to the Statute of the International Criminal Court; to provide for offences under the law of England and Wales and Northern Ireland corresponding to offences within the jurisdiction of that Court; and for connected purposes.
Citation 2001 c 17
Territorial extent 
  • England and Wales
  • Northern Ireland
Dates
Royal assent 11 May 2001
Other legislation
Repeals/revokes Genocide Act 1969
Relates to International Criminal Court (Scotland) Act 2001
Status: Current legislation
Text of statute as originally enacted
Text of the International Criminal Court Act 2001 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The International Criminal Court Act 2001 (c 17) is an Act of the Parliament of the United Kingdom. The Act incorporates into English law and Northern Ireland law the Rome Statute of the International Criminal Court. [1]

Contents

The principal aims of the Act are: [2]

In 2006, three British military personnel were charged with inhumane treatment, a war crime, under the Act. [4] Two of the three soldiers were cleared but the third, Corporal Donald Payne, became the first British person to be convicted of a war crime under this Act, when he admitted to inhumanly treating Baha Mousa. [5]

The corresponding Act of the Scottish Parliament is the International Criminal Court (Scotland) Act 2001 (asp 13).

Commencement Orders

The International Criminal Court Act 2001 (Commencement) Order 2001 (S.I. 2001/2161) (C.69) HTML PDF
The International Criminal Court Act 2001 (Commencement) (Amendment) Order 2001] (S.I. 2001/2304) (C.77) HTML PDF

Section 77A

This section was inserted by section 1 (The Special Court for Sierra Leone) of the Act of the Parliament of the United Kingdom called the International Tribunals (Sierra Leone) Act 2007 (c 7). [6] [7] The International Tribunals (Sierra Leone) (Application of Provisions) Order 2007 (SI 2007/2140) was made under this section. [8] [9]

International Tribunals (Sierra Leone) Act 2007

The International Tribunals (Sierra Leone) Act 2007 [10]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to confer power to make provision in relation to the Special Court for Sierra Leone corresponding to that made in relation to the International Criminal Court by sections 42 to 48 of the International Criminal Court Act 2001.
Citation 2007 c 7
Introduced by Kim Howells MP, Minister for the Middle East (Commons)
Baroness Royall of Blaisdon (Lords)
Territorial extent  England and Wales [11]
Dates
Royal assent 18 June 2007
Commencement 18 June 2007 [12]
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Act, and the order made under it, authorised the detention of Charles Taylor [13] in the UK, [14] but their application is not confined to him. [15]

See also

References

  1. ↑ International Committee of the Red Cross (2001): International Humanitarian Law: National Implementation . Accessed 4 July 2007.
  2. ↑ Foreign and Commonwealth Office: International Criminal Court Act 2001: Explanatory Notes Archived 2007-09-27 at the Wayback Machine . Accessed 4 July 2007.
  3. ↑ Note that the Act does not include the crime of aggression. Although the Rome Statute lists the crime of aggression as a crime under the jurisdiction of the Court, Article 5 of the Rome Statute stipulates that the ICC will not exercise its jurisdiction over the crime of aggression until agreement has been reached on a definition of that crime and the conditions under which jurisdiction will be exercised. Any amendment to the crimes within the jurisdiction of the ICC, if accepted by the UK, would need to be given effect by a further Act of Parliament. See Foreign and Commonwealth Office: International Criminal Court Act 2001: Explanatory Notes Archived 2007-09-27 at the Wayback Machine , para. 10. Accessed 4 July 2007.
  4. ↑ British soldier admits war crime . BBC News, 19 September 2006. Accessed 4 July 2007.
  5. ↑ UK soldier jailed over Iraq abuse . BBC News, 30 April 2007. Accessed 4 July 2007.
  6. ↑ Current Law Statutes Annotated 2007. Volume 1. Chapter 7. p 7-1 et seq.
  7. ↑ Halsbury's Statutes of England and Wales. Fourth Edition. 2007 Reissue. Volume 10. Page 1254.
  8. ↑ Statutory Instruments 2007. 2008. Part II. Section. 2. p 7381.
  9. ↑ Sarah Williams, Internationalised Criminal Tribunals: Selected Jurisdictional Issues, Bloomsbury, 2012, p 374.
  10. ↑ The citation of this Act by this short title is authorised by section 2(2) of this Act.
  11. ↑ The International Tribunals (Sierra Leone) Act 2007, section 2(1)
  12. ↑ The Interpretation Act 1978, section 4(b)
  13. ↑ Halsbury's Laws of England. Fifth Edition. LexisNexis. 2010. Volume 61. Footnote 15 to paragraph 436 at page 334.
  14. ↑ Why will Charles Taylor be jailed in Britain?. BBC News. 26 April 2012.
  15. ↑ Oppenheim's International Law: United Nations, volume 2, paragraph 31.103.
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