International Criminal Court Act 2000

Stuart Hill made this Freedom of Information request to Scottish Parliament This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Stuart Hill
Delivered

Dear Scottish Parliament,
Can you tell me if Section 52 of the International Criminal Court Act 2001 applies in Scotland?
Section 52 refers to: "Conduct ancillary to genocide, etc. committed outside jurisdiction".
It goes on to say:
"(2) This section applies to an act that if committed in England or Wales 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 England and Wales, does not constitute such an offence".
Section 52 is marked on the website http://www.legislation.gov.uk/ukpga/2001... as being applicable only to England, Wales and Northern Ireland.

Yours faithfully,

Stuart Hill

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Dear Mr Hill,

 

Thank you for contacting the Scottish Parliament. Although you submitted
your question as a freedom of information request, we are answering it as
a general enquiry.  

 

You ask whether section 52 of the [2]International Criminal Court Act 2001
applies in Scotland. As you note, the extent of this section of the Act is
given as England, Wales and Northern Ireland. Separate legislation, which
should be read in tandem with the bill passed by the UK Parliament, was
passed by the Scottish Parliament on 13 September 2011 and received royal
assent on 24 September 2001 as the [3]International Criminal Court
(Scotland) Act 2001. [4]Section 1 of the International Criminal Court
(Scotland) Act 2001 deals with ‘Genocide, crimes against humanity and war
crimes’ and [5]section 2 deals with ‘Conduct ancillary to genocide etc’.

 

For more information about the provisions in the International Criminal
Court (Scotland) Act 2001, you may wish to look at the [6]Explanatory
Notes on the Act. Other documents that may also be of interest are listed
below:

·         the [7]Policy Memorandum and the [8]Explanatory Notes that
accompanied the bill when it was introduced

·         the [9]Stage 1 Report on the International Criminal Court
(Scotland) Bill that was produced by the Justice 2 Committee of the
Scottish Parliament

·         the attached briefing on the International Criminal Court and
the concept of universal jurisdiction that was prepared by the Scottish
Parliament Information Centre (SPICe)

 

I hope this is helpful, but please contact us if you have any further
questions about the Scottish Parliament.

 

Yours sincerely,

Elizabeth Cantlie
Public Information and Publications
The Scottish Parliament
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Please note that any links to external websites are suggestions only.  The
Scottish Parliament is not responsible for the content of external
websites.

 

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