'National penalties - national proceedings' in document 'UK ICC Act 2001'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 5 Offences under domestic law

England and Wales

53 Trial and punishment of main offences

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

Part 5 Offences under domestic law

Northern Ireland

60 Trial and punishment of main offences

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

Part 5 Offences under domestic law

Consequential provisions

70 Offences under section 1 of the Geneva Conventions Act 1957

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.”.

ANALYSIS

This provision is narrower than the ICC Statute.

 

Mandatory sentences are given for offences involving murder. This closely conforms to the idea of wilful killing in the Rome Statute crimes, and is likely to cover genocide by killing, the crimes against humanity of murder and extermination and the war crimes of wilful killing, in international armed conflicts, and violence to life by killing, in non-international armed conflicts. This is stricter than the Rome Statute, which does not impose mandatory sentences for any conduct. Other crimes may be sentenced for any lenght of time up to 30 years in prison. Such penalties also apply to those convicted of grave breaches under the Geneva Conventions Act 1957