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International Criminal Court Act 2001

2001 c. 17 · Enacted 11 May 2001 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 4 January 2024.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5 para. 1(1)(a) (b) and word(s)substituted for word(s)Courts Act 2003 Sch. 4 para. 14
Sch. 5 para. 8(a)(b) and word(s)substituted for word(s)Courts Act 2003 Sch. 4 para. 14
Sch. 4 para. 7(3)(b)words insertedCrime and Security Act 2010 s. 11(2)

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:—C1C2C3

Annotations to the whole text

Modifications

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)

Contents

  1. Part 1: The International Criminal Court
  2. 1The ICC and the ICC Statute
  3. Part 2: Arrest and delivery of persons
  4. Proceedings on request
  5. 2Request for arrest and surrender
  6. 3Request for provisional arrest
  7. 4Dealing with person arrested under provisional warrant
  8. 5Proceedings for delivery order
  9. 6Supplementary provisions as to proceedings before competent court
  10. 7Consent to surrender
  11. Proceedings where court refuses delivery order
  12. 8Procedure where court refuses order
  13. 9Appeal against refusal of delivery order: England and Wales
  14. 10Appeal against refusal of delivery order: Scotland
  15. Proceedings where court makes delivery order
  16. 11Procedure where court makes order
  17. 12Right to review of delivery order
  18. 13Waiver of right to review
  19. Warrants, custody, bail and related matters
  20. 14Effect of warrant of arrest
  21. 15Effect of delivery order
  22. 16Bail and custody: general
  23. 17Bail and custody (England and Wales): supplementary
  24. 18Bail and custody: consultation with the ICC, &c
  25. 19Discharge of person not delivered up
  26. 20Discharge of person no longer required to be surrendered
  27. Request for transit and unscheduled landing
  28. 21Request for transit
  29. 22Unscheduled landing
  30. Supplementary provisions
  31. 23Provisions as to state or diplomatic immunity
  32. 24Delivery up of persons subject to criminal proceedings, &c
  33. 25Documents having effect as warrants, &c
  34. 26Meaning of “appropriate judicial officer” and “competent court”
  35. Part 3: Other forms of assistance
  36. Introduction
  37. 27Provision of assistance
  38. Forms of assistance
  39. 28Questioning
  40. 29Taking or production of evidence
  41. 30Taking or production of evidence: further provisions
  42. 31Service of process
  43. 32Transfer of prisoner to give evidence or assist in investigation
  44. 33Entry, search and seizure
  45. 34Taking of fingerprints or non-intimate sample
  46. 35Orders for exhumation
  47. 36Provision of records and documents
  48. 37Investigation of proceeds of ICC crime
  49. 38Freezing orders in respect of property liable to forfeiture
  50. National security
  51. 39Production or disclosure prejudicial to national security
  52. Supplementary provisions
  53. 40Verification of material
  54. 41Transmission of material to the ICC
  55. Part 4: Enforcement of sentences and orders
  56. Sentences of imprisonment
  57. 42Detention in the United Kingdom in pursuance of ICC sentence
  58. 43Temporary return or transfer of custody to another state
  59. 44Transfer to another part of the United Kingdom: transfer of ICC sentence
  60. 45Transfer to another part of the United Kingdom: transfer for temporary purposes
  61. 46Domestic sentence current at end of term of ICC sentence
  62. 47Custody of prisoner in transit, &c
  63. 48Interpretation of ss. 42 to 47
  64. Other orders
  65. 49Power to make provision for enforcement of other orders
  66. Part 5: Offences under domestic law
  67. Introduction
  68. 50Meaning of “genocide”, “crime against humanity” and “war crime”
  69. England and Wales
  70. 51Genocide, crimes against humanity and war crimes
  71. 52Conduct ancillary to genocide, etc. committed outside jurisdiction
  72. 53Trial and punishment of main offences
  73. 54Offences in relation to the ICC
  74. 55Meaning of “ancillary offence”
  75. 56Saving for general principles of liability, etc
  76. 57Protection of victims and witnesses
  77. Northern Ireland
  78. 58Genocide, crimes against humanity and war crimes
  79. 59Conduct ancillary to genocide, etc. committed outside jurisdiction
  80. 60Trial and punishment of main offences
  81. 61Offences in relation to the ICC
  82. 62Meaning of “ancillary offence”
  83. 63Saving for general principles of liability, etc
  84. 64Protection of victims and witnesses
  85. Supplementary provisions
  86. 65Responsibility of commanders and other superiors
  87. 65ARetrospective application of certain offences
  88. 65BModification of penalties: provision supplemental to section 65A
  89. 66Mental element
  90. 67Meaning of “UK national”, “UK resident” and “person subject to UK service jurisdiction”
  91. 67ASupplemental provision about UK residents
  92. 68Proceedings against persons becoming resident within the jurisdiction
  93. 69References to acts to include omissions, etc
  94. Consequential provisions
  95. 70Offences under section 1 of the Geneva Conventions Act 1957
  96. 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  97. 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  98. 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  99. 74Consequential amendments of armed forces legislation Repealed
  100. Part 6: General provisions
  101. Interpretation
  102. 75Meaning of “national court” and “service court”
  103. 76Meaning of “British aircraft”, “British hovercraft” and “British ship”
  104. Application and extent
  105. 77Application of provisions in relation to other International Tribunals
  106. 77AThe Special Court for Sierra Leone
  107. 78Crown application
  108. 79Extent
  109. 80Power to make provision in relation to Scotland
  110. Final provisions
  111. 81Index of defined expressions
  112. 82Commencement
  113. 83Repeals
  114. 84Short title
  115. Schedule 1: Supplementary provisions relating to the ICC
  116. 1Legal capacity, privileges and immunities
  117. 2Power to provide for sittings of the ICC in the UK
  118. 3Power to give effect to Rules of Procedure and Evidence etc.
  119. 4Parliamentary approval of draft Orders
  120. 5Proof of orders, etc. of the ICC
  121. 6Evidence about ICC proceedings and orders
  122. 7Pension provision for UK judges of ICC
  123. Schedule 2: Delivery up of persons subject to criminal proceedings, &c.
  124. Part 1: Criminal proceedings
  125. 1Meaning of “criminal proceedings”
  126. 2Criminal proceedings in England and Wales or Northern Ireland
  127. 3Criminal proceedings in Scotland
  128. 4Proceedings before service court
  129. 5Effect on custodial sentences
  130. 6Power to suspend or revoke other orders
  131. Part 2: Extradition proceedings
  132. 7Meaning of “extradition proceedings”
  133. 8Extradition proceedings in England and Wales or Northern Ireland
  134. 9Extradition proceedings in Scotland
  135. 10Power to suspend or revoke warrant or order
  136. Part 3: Other delivery proceedings
  137. 11Meaning of “other delivery proceedings”
  138. 12Delivery proceedings in England and Wales
  139. 13Delivery proceedings in Scotland
  140. 14Power to suspend or revoke previous delivery order
  141. Schedule 3: Rights of persons during investigation: article 55
  142. Part Article 55: Rights of persons during an investigation
  143. 1Paragraph 1
  144. 2Paragraph 2
  145. Schedule 4: Taking of fingerprints or non-intimate samples
  146. 1Nomination of court to supervise taking of evidence
  147. 2Order to provide evidence
  148. 3Requirement to attend and provide evidence
  149. 4Consent to taking of evidence
  150. 5Taking of evidence without consent
  151. 6Record of certain matters to be made
  152. 7Checking of fingerprints or samples
  153. 8Destruction of fingerprints and samples
  154. Schedule 5: Investigation of proceeds of ICC crime
  155. Part 1: Production or access orders
  156. 1Application for order
  157. 2Grounds for making order
  158. 3Production or access orders: standard orders
  159. 4Production or access orders: special orders
  160. 5Effect of order: general
  161. 6Effect of order: supplementary
  162. 7Order in relation to material in possession of government department
  163. Part 2: Search warrants
  164. 8Application for warrant
  165. 9Effect of warrant
  166. 10Grounds for issue of warrant
  167. Part 3: Supplementary provisions
  168. 11Paragraph 11
  169. Schedule 6: Freezing orders in respect of property liable to forfeiture
  170. 1Application for freezing order
  171. 2Grounds for making order
  172. 3Effect of order
  173. 4Variation or discharge of order
  174. 5Power to appoint receiver
  175. 6Seizure to prevent removal from jurisdiction
  176. 7Registered land: England and Wales
  177. 8Registered land: Northern Ireland
  178. 9Bankruptcy: England and Wales
  179. 10Bankruptcy: Northern Ireland
  180. 11Winding up: England and Wales
  181. 12Winding up: Northern Ireland
  182. 13Protection of insolvency practitioners
  183. 14Interpretation
  184. Schedule 7: Domestic provisions not applicable to ICC prisoners
  185. 1Introduction
  186. 2Provisions affecting length of sentence
  187. 3Provisions relating to early release or release on licence
  188. Schedule 8: Genocide, crimes against humanity and war crimes: articles 6 to 9
  189. Article 6Genocide
  190. Part Article 7: Crimes against humanity
  191. 1Paragraph 1
  192. 2Paragraph 2
  193. 3Paragraph 3
  194. Part Article 8: War crimes
  195. 2Paragraph 2
  196. Part Article 9: Elements of crimes
  197. 1Paragraph 1
  198. 2Paragraph 2
  199. 3Paragraph 3
  200. Schedule 9: Offences against the ICC: article 70
  201. Part Article 70: Offences against the administration of justice
  202. 1Paragraph 1
  203. 4Paragraph 4
  204. Schedule 10Repeals