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International Criminal Court Act 2001

Changes to legislation:

International Criminal Court Act 2001 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • Sch. 4 para. 8 substituted by 2010 c. 17 s. 19 (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 4 para. 7(3)(b) words inserted by 2010 c. 17 s. 11(2)
  • Sch. 5 para. 1(1)(a) (b) and word(s) substituted for word(s) by 2003 c. 39 Sch. 4 para. 14
  • Sch. 5 para. 8(a)(b) and word(s) substituted for word(s) by 2003 c. 39 Sch. 4 para. 14

  1. Introductory Text

  2. Part 1 The International Criminal Court

    1. 1.The ICC and the ICC Statute

  3. Part 2 Arrest and delivery of persons

    1. Proceedings on request

      1. 2.Request for arrest and surrender

      2. 3.Request for provisional arrest

      3. 4.Dealing with person arrested under provisional warrant

      4. 5.Proceedings for delivery order

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

      6. 7.Consent to surrender

    2. Proceedings where court refuses delivery order

      1. 8.Procedure where court refuses order

      2. 9.Appeal against refusal of delivery order: England and Wales

      3. 10.Appeal against refusal of delivery order: Scotland

    3. Proceedings where court makes delivery order

      1. 11.Procedure where court makes order

      2. 12.Right to review of delivery order

      3. 13.Waiver of right to review

    4. Warrants, custody, bail and related matters

      1. 14.Effect of warrant of arrest

      2. 15.Effect of delivery order

      3. 16.Bail and custody: general

      4. 17.Bail and custody (England and Wales): supplementary

      5. 18.Bail and custody: consultation with the ICC, &c

      6. 19.Discharge of person not delivered up

      7. 20.Discharge of person no longer required to be surrendered

    5. Request for transit and unscheduled landing

      1. 21.Request for transit

      2. 22.Unscheduled landing

    6. Supplementary provisions

      1. 23.Provisions as to state or diplomatic immunity

      2. 24.Delivery up of persons subject to criminal proceedings, &c

      3. 25.Documents having effect as warrants, &c

      4. 26.Meaning of “appropriate judicial officer” and “competent court”

  4. Part 3 Other forms of assistance

    1. Introduction

      1. 27.Provision of assistance

    2. Forms of assistance

      1. 28.Questioning

      2. 29.Taking or production of evidence

      3. 30.Taking or production of evidence: further provisions

      4. 31.Service of process

      5. 32.Transfer of prisoner to give evidence or assist in investigation

      6. 33.Entry, search and seizure

      7. 34.Taking of fingerprints or non-intimate sample

      8. 35.Orders for exhumation

      9. 36.Provision of records and documents

      10. 37.Investigation of proceeds of ICC crime

      11. 38.Freezing orders in respect of property liable to forfeiture

    3. National security

      1. 39.Production or disclosure prejudicial to national security

    4. Supplementary provisions

      1. 40.Verification of material

      2. 41.Transmission of material to the ICC

  5. Part 4 Enforcement of sentences and orders

    1. Sentences of imprisonment

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

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

      3. 44.Transfer to another part of the United Kingdom: transfer of ICC sentence

      4. 45.Transfer to another part of the United Kingdom: transfer for temporary purposes

      5. 46.Domestic sentence current at end of term of ICC sentence

      6. 47.Custody of prisoner in transit, &c

      7. 48.Interpretation of ss. 42 to 47

    2. Other orders

      1. 49.Power to make provision for enforcement of other orders

  6. Part 5 Offences under domestic law

    1. Introduction

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

    2. England and Wales

      1. 51.Genocide, crimes against humanity and war crimes

      2. 52.Conduct ancillary to genocide, etc. committed outside jurisdiction

      3. 53.Trial and punishment of main offences

      4. 54.Offences in relation to the ICC

      5. 55.Meaning of “ancillary offence”

      6. 56.Saving for general principles of liability, etc

      7. 57.Protection of victims and witnesses

    3. Northern Ireland

      1. 58.Genocide, crimes against humanity and war crimes

      2. 59.Conduct ancillary to genocide, etc. committed outside jurisdiction

      3. 60.Trial and punishment of main offences

      4. 61.Offences in relation to the ICC

      5. 62.Meaning of “ancillary offence”

      6. 63.Saving for general principles of liability, etc

      7. 64.Protection of victims and witnesses

    4. Supplementary provisions

      1. 65.Responsibility of commanders and other superiors

      2. 65A.Retrospective application of certain offences

      3. 65B.Modification of penalties: provision supplemental to section 65A

      4. 66.Mental element

      5. 67.Meaning of “UK national”, “UK resident” and “person subject to UK service jurisdiction”

      6. 67A.Supplemental provision about UK residents

      7. 68.Proceedings against persons becoming resident within the jurisdiction

      8. 69.References to acts to include omissions, etc

    5. Consequential provisions

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

      2. 71. Extradition: Orders in Council under the 1870 Act

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

      4. 73. Extradition: offences not regarded as of political character

      5. 74.Consequential amendments of armed forces legislation

  7. Part 6 General provisions

    1. Interpretation

      1. 75.Meaning of “national court” and “service court”

      2. 76.Meaning of “British aircraft”, “British hovercraft” and “British ship”

    2. Application and extent

      1. 77.Application of provisions in relation to other International Tribunals

      2. 77A.The Special Court for Sierra Leone

      3. 78.Crown application

      4. 79.Extent

      5. 80.Power to make provision in relation to Scotland

    3. Final provisions

      1. 81.Index of defined expressions

      2. 82.Commencement

      3. 83.Repeals

      4. 84.Short title

  8. SCHEDULES

    1. SCHEDULE 1

      Supplementary provisions relating to the ICC

      1. 1.Legal capacity, privileges and immunities

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

      3. 3.Power to give effect to Rules of Procedure and Evidence etc.

      4. 4.Parliamentary approval of draft Orders

      5. 5.Proof of orders, etc. of the ICC

      6. 6.Evidence about ICC proceedings and orders

      7. 7.Pension provision for UK judges of ICC

    2. SCHEDULE 2

      Delivery up of persons subject to criminal proceedings, &c.

      1. Part 1 Criminal proceedings

        1. 1.Meaning of “criminal proceedings”

        2. 2.Criminal proceedings in England and Wales or Northern Ireland

        3. 3.Criminal proceedings in Scotland

        4. 4.Proceedings before service court

        5. 5.Effect on custodial sentences

        6. 6.Power to suspend or revoke other orders

      2. Part 2 Extradition proceedings

        1. 7.Meaning of “extradition proceedings”

        2. 8.Extradition proceedings in England and Wales or Northern Ireland

        3. 9.Extradition proceedings in Scotland

        4. 10.Power to suspend or revoke warrant or order

      3. Part 3 Other delivery proceedings

        1. 11.Meaning of “other delivery proceedings”

        2. 12.Delivery proceedings in England and Wales

        3. 13.Delivery proceedings in Scotland

        4. 14.Power to suspend or revoke previous delivery order

    3. SCHEDULE 3

      Rights of persons during investigation: article 55

      1. Article 55 Rights of persons during an investigation

        1. 1.In respect of an investigation under this Statute, a person:...

        2. 2.Where there are grounds to believe that a person has...

    4. SCHEDULE 4

      Taking of fingerprints or non-intimate samples

      1. 1.Nomination of court to supervise taking of evidence

      2. 2.Order to provide evidence

      3. 3.Requirement to attend and provide evidence

      4. 4.Consent to taking of evidence

      5. 5.Taking of evidence without consent

      6. 6.Record of certain matters to be made

      7. 7.Checking of fingerprints or samples

      8. 8.Destruction of fingerprints and samples

    5. SCHEDULE 5

      Investigation of proceeds of ICC crime

      1. Part 1 Production or access orders

        1. 1.Application for order

        2. 2.Grounds for making order

        3. 3.Production or access orders: standard orders

        4. 4.Production or access orders: special orders

        5. 5.Effect of order: general

        6. 6.Effect of order: supplementary

        7. 7.Order in relation to material in possession of government department

      2. Part 2 Search warrants

        1. 8.Application for warrant

        2. 9.Effect of warrant

        3. 10.Grounds for issue of warrant

      3. Part 3 Supplementary provisions

        1. 11.In this Schedule— “constable” includes a person commissioned by the...

    6. SCHEDULE 6

      Freezing orders in respect of property liable to forfeiture

      1. 1.Application for freezing order

      2. 2.Grounds for making order

      3. 3.Effect of order

      4. 4.Variation or discharge of order

      5. 5.Power to appoint receiver

      6. 6.Seizure to prevent removal from jurisdiction

      7. 7.Registered land: England and Wales

      8. 8.Registered land: Northern Ireland

      9. 9.Bankruptcy: England and Wales

      10. 10.Bankruptcy: Northern Ireland

      11. 11.Winding up: England and Wales

      12. 12.Winding up: Northern Ireland

      13. 13.Protection of insolvency practitioners

      14. 14.Interpretation

    7. SCHEDULE 7

      Domestic provisions not applicable to ICC prisoners

      1. 1.Introduction

      2. 2.Provisions affecting length of sentence

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

    8. SCHEDULE 8

      Genocide, crimes against humanity and war crimes: articles 6 to 9

      1. Article 6 Genocide

      2. Article 7 Crimes against humanity

        1. 1.For the purpose of this Statute, “crime against humanity” means...

        2. 2.For the purpose of paragraph 1: (a) “Attack directed against...

        3. 3.For the purpose of this Statute, it is understood that...

      3. Article 8 War crimes

        1. 2.For the purpose of this Statute, “war crimes” means:

      4. Article 9 Elements of crimes

        1. 1.Elements of Crimes shall assist the Court in the interpretation...

        2. 2.Amendments to the Elements of Crimes may be proposed by:...

        3. 3.The Elements of Crimes and amendments thereto shall be consistent...

    9. SCHEDULE 9

      Offences against the ICC: article 70

      1. Article 70 Offences against the administration of justice

        1. 1.The Court shall have jurisdiction over the following offences against...

        2. 4.(a) Each State Party shall extend its criminal laws penalizing...

    10. SCHEDULE 10

      Repeals

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