United Kingdom of Great Britain and Northern Ireland

The International Criminal Court Act (Overseas Territories) Order 2009

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Trial and punishment of main offences
57.—(1) The following provisions apply in relation to—

(a) offences under section 51 (genocide, crimes against humanity and war crimes),
(b) offences under section 52 (conduct ancillary to genocide, etc. committed outside jurisdiction), and
(c) offences ancillary to an offence within paragraph (a) or (b) above.

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.

(4) If the Offence is not committed in the Territory—

(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in the Territory.

(5) A person convicted of—

(a) an offence involving murder, or
(b) an offence ancillary to an offence involving murder,

shall be dealt with as for an offence of murder or, as the case may be, the corresponding ancillary offence in relation to murder.

In this subsection “murder” means the killing of a person in such circumstances as would, if committed in the Territory, constitute murder.

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

Keywords

Crimes against humanity
Genocide
War crimes



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