United Kingdom of Great Britain and Northern Ireland

The International Criminal Court Act (Overseas Territories) Order 2009

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.


Saving for general principles of liability, etc
60.—(1) In determining whether an offence under this Part has been committed the court shall apply the principles of the law of the Territory.

(2) Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to—

(a) the extra-territorial application of offences (including offences under this Part), or
(b) offences ancillary to offences under this Part (wherever committed).

Keywords

Crimes against humanity
Genocide
War crimes



EDIT.