'Nationality jurisdiction' in document 'UK - ICC Act (Overseas Territories) Order 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Genocide, crimes against humanity and war crimes
55.—(1) It is an offence against the law of the Territory for a person to commit genocide, a crime against humanity or a war crime.

(2) This section applies to acts committed—

(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.


Conduct ancillary to genocide, etc. committed outside jurisdiction
56.—(1) It is an offence against the law of the Territory 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 the Territory 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 the Territory, 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 the Territory.

(4) This section applies where the conduct in question consists of or includes an act committed—

(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Offences in relation to the ICC
58. (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 the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Meaning of “UK national”, Territory resident” and “person subject to Territory service jurisdiction”
71.—(1) In this Part a “United Kingdom national” means an individual who is a British citizen, a British
Dependent Territories citizen, a British National (Overseas), a British Overseas Citizen, a British subject or a British protected person.

(2) In this Part a “Territory resident” means a person who is resident in the Territory.

(3) In this Part a “person subject to Territory service jurisdiction” means—

(a) a member of any military or air force raised under the law of the Territory, or force raised for the naval defence of the Territory; or
(b) a person who by reason of his connection with such a member or force may be proceeded against for an offence in like manner as a person mentioned in paragraph (a).

RELEVANT ROME STATUTE PROVISIONS

Article 12
Preconditions to the exercise of jurisdiction
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.