SCHEDULES

Schedule 8 Genocide, Crimes against Humanity and War Crimes: Articles 6 to 9

Article 6 Genocide

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(e) Forcibly transferring children of the group to another group.

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(e) Forcibly transferring children of the group to another group.

This provision follows the ICC Statute.

The UK incorporates this offences in the form they are set out in the Rome Statute as the respective statutory provisions merely transpose the offence, along with its elements, as set out in the Elements of Crimes, into national law. Therefore the prosecution will have to prove the same factors in order to obtain a conviction the UK as a ICC prosecutor would have to in order to convict a defendant of the crime contained in the Rome Statute. As the UK courts must take into account decisions of the ICC (see ICC Act 2001 Section 50(5) and ICC (Scotland) Act 2001 Section 9(4)) it is likely that the interpretation of the crime will be the same as that of the ICC.