Spans in 'UK ICC Act 2001' tagged with 'Reservations to the Rome Statute'

'Reservations to the Rome Statute' in document 'UK ICC Act 2001'

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More information about the keyword 'Reservations to the Rome Statute'
More information about the document 'UK ICC Act 2001'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 5 Offences under domestic law

Introduction

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

(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(b) if any such reservation or declaration is withdrawn (in whole or part), certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.

RELEVANT ROME STATUTE PROVISIONS

Article 120
Reservations
No reservations may be made to this Statute.

ANALYSIS

This provision is narrower than the ICC Statute.

Whilst reservations are not allowed to the Rome Statute, they have been allowed to the various treaties that form a basis of many of the crimes, and in particular the war crimes provisions. The ICC Act provides that these reservations should be used to interpret the crimes, potentially narrowing the scope of such crimes, particularly in relation to war crimes purported to be committed as a belligerent reprisal.