International Criminal Court Act 2001

Part 1The International Criminal Court

1The ICC and the ICC Statute

Part 2Arrest and delivery of persons

Proceedings on request

2Request for arrest and surrender

3Request for provisional arrest

4Dealing with person arrested under provisional warrant

5Proceedings for delivery order

6Supplementary provisions as to proceedings before competent court

7Consent to surrender

Proceedings where court refuses delivery order

8Procedure where court refuses order

9Appeal against refusal of delivery order: England and Wales

10Appeal against refusal of delivery order: Scotland

Proceedings where court makes delivery order

11Procedure where court makes order

12Right to review of delivery order

13Waiver of right to review

Warrants, custody, bail and related matters

14Effect of warrant of arrest

15Effect of delivery order

16Bail and custody: general

17Bail and custody (England and Wales): supplementary

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

19Discharge of person not delivered up

20Discharge of person no longer required to be surrendered

Request for transit and unscheduled landing

21Request for transit

22Unscheduled landing

Supplementary provisions

23Provisions as to state or diplomatic immunity

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

25Documents having effect as warrants, &c

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

Part 3Other forms of assistance

27Provision of assistance

Forms of assistance

29Taking or production of evidence

30Taking or production of evidence: further provisions

31Service of process

32Transfer of prisoner to give evidence or assist in investigation

33Entry, search and seizure

34Taking of fingerprints or non-intimate sample

35Orders for exhumation

36Provision of records and documents

37Investigation of proceeds of ICC crime

38Freezing orders in respect of property liable to forfeiture

National security

39Production or disclosure prejudicial to national security

Supplementary provisions

40Verification of material

41Transmission of material to the ICC

Part 4Enforcement of sentences and orders

Sentences of imprisonment

42Detention in the United Kingdom in pursuance of ICC sentence

43Temporary return or transfer of custody to another state

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

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

46Domestic sentence current at end of term of ICC sentence

47Custody of prisoner in transit, &c

48Interpretation of ss. 42 to 47

49Power to make provision for enforcement of other orders

Part 5Offences under domestic law

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

England and Wales

51Genocide, crimes against humanity and war crimes

52Conduct ancillary to genocide, etc. committed outside jurisdiction

53Trial and punishment of main offences

54Offences in relation to the ICC

55Meaning of “ancillary offence”

56Saving for general principles of liability, etc

57Protection of victims and witnesses

Northern Ireland

58Genocide, crimes against humanity and war crimes

59Conduct ancillary to genocide, etc. committed outside jurisdiction

60Trial and punishment of main offences

61Offences in relation to the ICC

62Meaning of “ancillary offence”

63Saving for general principles of liability, etc

64Protection of victims and witnesses

Supplementary provisions

65Responsibility of commanders and other superiors

65ARetrospective application of certain offences

65BModification of penalties: provision supplemental to section 65A

66Mental element

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

67ASupplemental provision about UK residents

68Proceedings against persons becoming resident within the jurisdiction

69References to acts to include omissions, etc

Consequential provisions

70Offences under section 1 of the Geneva Conventions Act 1957

71 Extradition: Orders in Council under the 1870 Act

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

73 Extradition: offences not regarded as of political character

74Consequential amendments of armed forces legislation

Part 6General provisions

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

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

Application and extent

77Application of provisions in relation to other International Tribunals

77AThe Special Court for Sierra Leone

78Crown application

80Power to make provision in relation to Scotland

Final provisions

81Index of defined expressions

SCHEDULE 1Supplementary provisions relating to the ICC

1Legal capacity, privileges and immunities

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

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

4Parliamentary approval of draft Orders

5Proof of orders, etc. of the ICC

6Evidence about ICC proceedings and orders

7Pension provision for UK judges of ICC

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

Part 1Criminal proceedings

1Meaning of “criminal proceedings”

2Criminal proceedings in England and Wales or Northern Ireland

3Criminal proceedings in Scotland

4Proceedings before service court

5Effect on custodial sentences

6Power to suspend or revoke other orders

Part 2Extradition proceedings

7Meaning of “extradition proceedings”

8Extradition proceedings in England and Wales or Northern Ireland

9Extradition proceedings in Scotland

10Power to suspend or revoke warrant or order

Part 3Other delivery proceedings

11Meaning of “other delivery proceedings”

12Delivery proceedings in England and Wales

13Delivery proceedings in Scotland

14Power to suspend or revoke previous delivery order

SCHEDULE 3Rights of persons during investigation: article 55

Article 55Rights of persons during an investigation

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

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

SCHEDULE 4Taking of fingerprints or non-intimate samples

1Nomination of court to supervise taking of evidence

2Order to provide evidence

3Requirement to attend and provide evidence

4Consent to taking of evidence

5Taking of evidence without consent

6Record of certain matters to be made

7Checking of fingerprints or samples

8Destruction of fingerprints and samples

SCHEDULE 5Investigation of proceeds of ICC crime

Part 1Production or access orders

1Application for order

2Grounds for making order

3Production or access orders: standard orders

4Production or access orders: special orders

5Effect of order: general

6Effect of order: supplementary

7Order in relation to material in possession of government department

Part 2Search warrants

8Application for warrant

9Effect of warrant

10Grounds for issue of warrant

Part 3Supplementary provisions

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

SCHEDULE 6Freezing orders in respect of property liable to forfeiture

1Application for freezing order

2Grounds for making order

3Effect of order

4Variation or discharge of order

5Power to appoint receiver

6Seizure to prevent removal from jurisdiction

7Registered land: England and Wales

8Registered land: Northern Ireland

9Bankruptcy: England and Wales

10Bankruptcy: Northern Ireland

11Winding up: England and Wales

12Winding up: Northern Ireland

13Protection of insolvency practitioners

14Interpretation

SCHEDULE 7Domestic provisions not applicable to ICC prisoners

2Provisions affecting length of sentence

3Provisions relating to early release or release on licence

SCHEDULE 8Genocide, crimes against humanity and war crimes: articles 6 to 9

Article 6Genocide

Article 7Crimes against humanity

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

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

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

Article 8War crimes

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

Article 9Elements of crimes

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

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

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

SCHEDULE 9Offences against the ICC: article 70

Article 70Offences against the administration of justice

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

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

SCHEDULE 10Repeals

International Criminal Court Act 2001

2001 c. 17

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.

[11th May 2001]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1 C2 C3

Annotations:

Modifications etc. (not altering text)

C1

Act modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.

C2

Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))

C3

Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4)