The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004
S.I. 2004/1080 · Made 9 March 2004
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
Made 9th March 2004
Laid before Parliament 21st April 2004
Coming into force 4th May 2004
In exercise of the powers conferred on him by section 50(3) of the International Criminal Court Act 2001f1, the Secretary of State hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and extent
- 2The Elements of Crimes
- 3The Elements of Crimes
- Signature
- Schedule Schedule
- 1General Introduction
- 2General Introduction
- 3General Introduction
- 4General Introduction
- 5General Introduction
- 6General Introduction
- 7General Introduction
- 8General Introduction
- 9General Introduction
- 10General Introduction
- Explanatory note
1Citation, commencement and extent
These Regulations may be cited as the International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004 and shall come into force on .
These Regulations extend to England and Wales and Northern Ireland.
In so far as these Regulations may relate to proceedings in a service court these Regulations extend to any place at which those proceedings are held.
2The Elements of Crimes
The text of the Elements of Crimes adopted by the Assembly of States Parties on 9th September 2002 in accordance with Article 9(1) of the Rome Statute of the International Criminal Court and referred to in section 50(2) (a) of the International Criminal Court Act 2001 is set out in the Schedule to these Regulations.
3The Elements of Crimes
The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001f1 are hereby revoked.
Signature
Jack Straw
One of Her Majesty’s Principal Secretaries of State, Foreign and Commonwealth Office
9th March 2004
ELEMENTS OF CRIMESf1
| Contents | ||
|---|---|---|
| Page | ||
| General introduction | 4 | |
* Explanatory note: The structure of the elements of the crimes of genocide, crimes against humanity and war crimes follows the structure of the corresponding provisions of articles 6, 7 and 8 of the Rome Statute. Some paragraphs of those articles of the Rome Statute list multiple crimes. In those instances, the elements of crimes appear in separate paragraphs which correspond to each of those crimes to facilitate the identification of the respective elements. | ||
| Article 6: Genocide | ||
| Introduction | 4 | |
| 6(a) | Genocide by killing | 4 |
| 6(b) | Genocide by causing serious bodily or mental harm | 5 |
| 6(c) | Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction | 5 |
| 6(d) | Genocide by imposing measures intended to prevent births | 5 |
| 6(e) | Genocide by forcibly transferring children | 6 |
| Article 7: Crimes against humanity | ||
| Introduction | 6 | |
| 7(1)(a) | Crimes against humanity of murder | 6 |
| 7(1)(b) | Crime against humanity of extermination | 7 |
| 7(1)(c) | Crime against humanity of enslavement | 7 |
| 7(1)(d) | Crime against humanity of deportation or forcible transfer of population | 7 |
| 7(1)(e) | Crime against humanity of imprisonment or other severe deprivation of physical liberty | 8 |
| 7(1)(f) | Crime against humanity of torture | 8 |
| 7(1)(g)-1 | Crime against humanity of rape | 8 |
| 7(1)(g)-2 | Crime against humanity of sexual slavery | 8 |
| 7(1)(g)-3 | Crime against humanity of enforced prostitution | 9 |
| 7(1)(g)-4 | Crime against humanity of forced pregnancy | 9 |
| 7(1)(g)-5 | Crime against humanity of enforced sterilization | 9 |
| 7(1)(g)-6 | Crime against humanity of sexual violence | 10 |
| 7(1)(h) | Crime against humanity of persecution | 10 |
| 7(1)(i) | Crime against humanity of enforced disappearance of persons | 10 |
| 7(1)(j) | Crime against humanity of apartheid | 11 |
| 7(1)(k) | Crime against humanity of other inhumane acts | 11 |
| Article 8: War Crimes | ||
| Introduction | 12 | |
| Article 8(2)(a) | ||
| 8(2)(a)(i) | War Crime of wilful killing | 12 |
| 8(2)(a)(ii)-1 | War crime of torture | 13 |
| 8(2)(a)(ii)-2 | War crime of inhuman treatment | 13 |
| 8(2)(a)(ii)-3 | War crime of biological experiments | 13 |
| 8(2)(a)(iii) | War crime of wilfully causing great suffering | 14 |
| 8(2)(a)(iv) | War crime of destruction and appropriation of property | 14 |
| 8(2)(a)(v) | War crime of compelling service in hostile forces | 14 |
| 8(2)(a)(vi) | War crime of denying a fair trial | 14 |
| 8(2)(a)(vii)-1 | War crime of unlawful deportation and transfer | 15 |
| 8(2)(a)(vii)-2 | War crime of unlawful confinement | 15 |
| 8(2)(a)(viii) | War crime of taking hostages | 15 |
| Article 8(2)(b) | ||
| 8(2)(b)(i) | War crime of attacking civilians | 16 |
| 8(2)(b)(ii) | War crime of attacking civilian objects | 16 |
| 8(2)(b)(iii) | War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission | 16 |
| 8(2)(b)(iv) | War crime of excessive incidental death, injury, or damage | 16 |
| 8(2)(b)(v) | War crime of attacking undefended places | 17 |
| 8(2)(b)(vi) | War crime of killing or wounding a person hors de combat | 17 |
| 8(2)(b)(vii)-1 | War crime of improper use of a flag of truce | 18 |
| 8(2)(b)(vii)-2 | War crime of improper use of a flag, insignia or uniform of the hostile party | 18 |
| 8(2)(b)(vii)-3 | War crime of improper use of a flag, insignia or uniform of the United Nations | 18 |
| 8(2)(b)(vii)-4 | War crime of improper use of the distinctive emblems of the Geneva Conventions | 19 |
| 8(2)(b)(viii) | The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory | 19 |
| 8(2)(b)(ix) | War crime of attacking protected objects | 19 |
| 8(2)(b)(x)-1 | War crime of mutilation | 20 |
| 8(2)(b)(x)-2 | War crime of medical or scientific experiments | 20 |
| 8(2)(b)(xi) | War crime of treacherously killing or wounding | 20 |
| 8(2)(b)(xii) | War crime of denying quarter | 21 |
| 8(2)(b)(xiii) | War crime of destroying or seizing the enemy’s property | 21 |
| 8(2)(b)(xiv) | War crime of depriving the nationals of the hostile power of rights or actions | 21 |
| 8(2)(b)(xv) | War crime of compelling participation in military operations | 21 |
| 8(2)(b)(xvi) | War crime of pillaging | 22 |
| 8(2)(b)(xvii) | War crime of employing poison or poisoned weapons | 22 |
| 8(2)(b)(xviii) | War crime of employing prohibited gases, liquids, materials or devices | 22 |
| 8(2)(b)(xix) | War crime of employing prohibited bullets | 22 |
| 8(2)(b)(xx) | War crime of employing weapons, projectiles or materials or methods of warfare listed in the Annex of the Statute | 23 |
| 8(2)(b)(xxi) | War crime of outrages upon personal dignity | 23 |
| 8(2)(b)(xxii)-1 | War crime of rape | 23 |
| 8(2)(b)(xxii)-2 | War crime of sexual slavery | 23 |
| 8(2)(b)(xxii)-3 | War crime of enforced prostitution | 24 |
| 8(2)(b)(xxii)-4 | War crime of forced pregnancy | 24 |
| 8(2)(b)(xxii)-5 | War crime of enforced sterilization | 24 |
| 8(2)(b)(xxii)-6 | War crime of sexual violence | 24 |
| 8(2)(b)(xxiii) | War crime of using protected persons as shields | 25 |
| 8(2)(b)(xxiv) | War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions | 25 |
| 8(2)(b)(xxv) | War crime of starvation as a method of warfare | 25 |
| 8(2)(b)(xxvi) | War crime of using, conscripting or enlisting children | 25 |
| Article 8(2)(c) | ||
| 8(2)(c)(i)-1 | War crime of murder | 25 |
| 8(2)(c)(i)-2 | War crime of mutilation | 26 |
| 8(2)(c)(i)-3 | War crime of cruel treatment | 26 |
| 8(2)(c)(i)-4 | War crime of torture | 27 |
| 8(2)(c)(ii) | War crime of outrages upon personal dignity | 27 |
| 8(2)(c)(iii) | War crime of taking hostages | 27 |
| 8(2)(c)(iv) | War crime of sentencing or execution without due process | 28 |
| Article 8(2)(e) | ||
| 8(2)(e)(i) | War crime of attacking civilians | 28 |
| 8(2)(e)(ii) | War crime of attacking objects or persons using the distinctive emblems of the Geneva Conventions | 28 |
| 8(2)(e)(iii) | War crime of attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission | 29 |
| 8(2)(e)(iv) | War crime of attacking protected objects | 29 |
| 8(2)(e)(v) | War crime of pillaging | 29 |
| 8(2)(e)(vi)-1 | War crime of rape | 30 |
| 8(2)(e)(vi)-2 | War crime of sexual slavery | 30 |
| 8(2)(e)(vi)-3 | War crime of enforced prostitution | 30 |
| 8(2)(e)(vi)-4 | War crime of forced pregnancy | 31 |
| 8(2)(e)(vi)-5 | War crime of enforced sterilization | 31 |
| 8(2)(e)(vi)-6 | War crime of sexual violence | 31 |
| 8(2)(e)(vii) | War crime of using, conscripting and enlisting children | 31 |
| 8(2)(e)(viii) | War crime of displacing civilians | 32 |
| 8(2)(e)(ix) | War crime of treacherously killing or wounding | 32 |
| 8(2)(e)(x) | War crime of denying quarter | 32 |
| 8(2)(e)(xi)-1 | War crime of mutilation | 33 |
| 8(2)(e)(xi)-2 | War crime of medical or scientific experiments | 33 |
| 8(2)(e)(xii) | War crime of destroying or seizing the enemy’s property | 33 |
1General Introduction
Pursuant to article 9, the following Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8, consistent with the Statute. The provisions of the Statute, including article 21 and the general principles set out in Part 3, are applicable to the Elements of Crimes.
2General Introduction
As stated in article 30, unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge. Where no reference is made in the Elements of Crimes to a mental element for any particular conduct, consequence or circumstance listed, it is understood that the relevant mental element, i.e., intent, knowledge or both, set out in article 30 applies. Exceptions to the article 30 standard, based on the Statute, including applicable law under its relevant provisions, are indicated below.
3General Introduction
Existence of intent and knowledge can be inferred from relevant facts and circumstances.
4General Introduction
With respect to mental elements associated with elements involving value judgement, such as those using the terms “inhumane” or “severe”, it is not necessary that the perpetrator personally completed a particular value judgement, unless otherwise indicated.
5General Introduction
Grounds for excluding criminal responsibility or the absence thereof are generally not specified in the elements of crimes listed under each crime.f1
6General Introduction
The requirement of “unlawfulness” found in the Statute or in other parts of international law, in particular international humanitarian law, is generally not specified in the elements of crimes.
7General Introduction
The elements of crimes are generally structured in accordance with the following principles:
-
As the elements of crimes focus on the conduct, consequences and circumstances associated with each crime, they are generally listed in that order;
-
When required, a particular mental element is listed after the affected conduct, consequence or circumstance;
-
Contextual circumstances are listed last.
8General Introduction
As used in the Elements of Crimes, the term “perpetrator” is neutral as to guilt or innocence. The elements, including the appropriate mental elements, apply, mutatis mutandis, to all those whose criminal responsibility may fall under articles 25 and 28 of the Statute.
9General Introduction
A particular conduct may constitute one or more crimes.
10General Introduction
The use of short titles for the crimes has no legal effect.
Explanatory note
(This note is not part of the Regulations)
These Regulations, made under section 50(3) of the International Criminal Court Act 2001, set out the Elements of Crimes adopted by the Assembly of States Parties on 9th September 2002 in accordance with Article 9(1) of the Rome Statute of the International Criminal Court. In accordance with section 50(2) of the Act these shall be taken into account by a court considering offences under domestic law in Part 5 of the Act.