'Relationship between Rome Statute and existing or developing rules of international law' 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

Meaning of “genocide”, “crime against humanity” and “war crime”
54. (5) In interpreting and applying the provisions of the articles referred to in subsection (1) the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Responsibility of commanders and other superiors
69. (5) In interpreting and applying the provisions of this section (which corresponds to article 28) the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.

(6) Nothing in this section shall be read as restricting or excluding—

(a) any liability of the commander or superior apart from this section, or
(b) the liability of persons other than the commander or superior.

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Mental element
70.(4) In interpreting and applying the provisions of this section (which corresponds to article 30) the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.

RELEVANT ROME STATUTE PROVISIONS

Article 10
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.