Part 5 Offences under domestic law

England and Wales

51 Genocide, crimes against humanity and war crimes

(1) It is an offence against the law of England and Wales for a person to commit genocide, a crime against humanity or a war crime.
(2) This section applies to acts committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

52 Conduct ancillary to genocide, etc. committed outside jurisdiction

(1) It is an offence against the law of England and Wales for a person to engage in conduct ancillary to an act to which this section applies.
(2) This section applies to an act that if committed in England or Wales would constitute—
(a) an offence under section 51 (genocide, crime against humanity or war crime), or
(b) an offence under this section,
but which, being committed (or intended to be committed) outside England and Wales, does not constitute such an offence.
(3) The reference in subsection (1) to conduct ancillary to such an act is to conduct that would constitute an ancillary offence in relation to that act if the act were committed in England or Wales.
(4) This section applies where the conduct in question consists of or includes an act committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

Part 5 Offences under domestic law

Supplementary provisions

67 Meaning of “UK national”, “UK resident” and “person subject to UK service jurisdiction”

(1) In this Part a“United Kingdom national” means an individual who is—
(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas Citizen,
(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
(c) a British protected person within the meaning of that Act.
(2) In this Part a “United Kingdom resident” means a person who is resident in the United Kingdom.
(3) In this Part a “person subject to UK service jurisdiction” means—
(a) a person subject to military law, air force law or the Naval Discipline Act 1957 (c. 53);
(b) any such person as is mentioned in section 208A or 209(1) or (2) of the Army Act 1955 (c. 18) or the Air Force Act 1955 (c. 19) (application of Act to passengers in HM ships and aircraft and to certain civilians); or
(c) any such person as is mentioned in section 117 or 118 of the Naval Discipline Act 1957 (application of Act to passengers in HM ships and to certain civilians).

This provision is wider than the ICC Statute.

Nationality jurisdiction is extended to cover those who are subject to UK military discipline, e.g Ghurkas or other non-UK nationals serving in the UK armed forces