Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(3) The corresponding domestic offences are—
(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against section 1(1) of the Perjury Act 1911 (c. 6);

SCHEDULES

SCHEDULE 9 Offences against the ICC: article 70

Article 70 Offences against the administration of justice

1 The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1 to tell the truth;

SCHEDULES

SCHEDULE 9 Offences against the ICC: article 70

Article 70 Offences against the administration of justice

Article 69.1, referred to in article 70.1(a), provides as follows:
“1 Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.”.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth

This provision follows the ICC Statute.

When prosecuting these crimes, account must be taken of article 70(1) and judgments of the ICC. In effect, the accused will be prosecuted for breaching Article 70(1) through the medium of the offences assigned to the particular Rome Statute crime by the ICC Act 2001 or the ICC (Scotland) Act 2001.