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

Meaning of “ancillary offence”
59.—(1) References in this Part to an ancillary offence under the law of the Territory are to—

(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence .

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to such conduct, however expressed, that in relation to an indictable offence would be punishable under the law of the Territory, whether under any provision of that law or at common law.

(3) In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement, however expressed, under the law of the Territory, whether under any provision of that law or at common law.

(4) In subsection (1)(c)—

(a) the reference to an attempt is to conduct amounting to an offence of attempt, however expressed, under the law of the Territory, whether under any provision of that law or at common law; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy, however expressed, under the law of the Territory, whether under any provision of that law or at common law.

(5) In subsection (1)(d)—

(a) the reference to assisting an offender is to such conduct that would amount to an offence under the law of the Territory, whether under any provision of that law or at common law; and
(b) the reference to concealing an offence is to such conduct that would amount to an offence under the law of the Territory, whether under any provision of that law or at common law.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.