Part 5 Offences under domestic law
Introduction
50 Meaning of “genocide”, “crime against humanity” and “war crime”
(1)
In this Part—
“genocide” means an act of genocide as defined in article 6,
“crime against humanity” means a crime against humanity as defined in article 7, and
“war crime” means a war crime as defined in article 8.2.
(2)
In interpreting and applying the provisions of those articles the court shall take into account—
(a)
any relevant Elements of Crimes adopted in accordance with article 9, and
(b)
until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June 2000.
(3)
The Secretary of State shall set out in regulations the text of the Elements of Crimes referred to in subsection (2), as amended from time to time.
The regulations shall be made by statutory instrument which shall be laid before Parliament after being made.
(4)
The articles referred to in subsection (1) shall for the purposes of this Part be construed subject to and in accordance with any relevant reservation or declaration made by the United Kingdom when ratifying any treaty or agreement relevant to the interpretation of those articles.
Her Majesty may by Order in Council—
(a)
certify that such a reservation or declaration has been made and the terms in which it was made;
(b)
if any such reservation or declaration is withdrawn (in whole or part), certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.
(5)
In interpreting and applying the provisions of the articles referred to in subsection (1) the court shall take into account any relevant judgment or decision of the ICC.
Account may also be taken of any other relevant international jurisprudence.
(6)
The relevant provisions of the articles of the ICC Statute referred to this section are set out in Schedule 8 to this Act.
No account shall be taken for the purposes of this Part of any provision of those articles omitted from the text set out in that Schedule.