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Act of the Scottish Parliament | |
Long title | An Act of the Scottish Parliament to make provision for offences under the law of Scotland corresponding to offences within the jurisdiction of the International Criminal Court; to enable assistance to be provided to that court in relation to investigations and prosecutions; to make provision in relation to the enforcement of sentences and orders of that court; and for connected purposes. |
---|---|
Citation | 2001 asp 13 |
Territorial extent | Scotland |
Dates | |
Royal assent | 24 September 2001 |
Commencement | 17 December 2001 |
Other legislation | |
Repeals/revokes | Genocide Act 1969 |
Relates to | International Criminal Court Act 2001 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Text of the International Criminal Court (Scotland) Act 2001 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The International Criminal Court (Scotland) Act 2001 (asp 13) is an act of the Scottish Parliament which incorporates into Scots law the Rome Statute of the International Criminal Court.
Background
editTogether with the International Criminal Court Act 2001, the Act allowed the UK to ratify the Rome Statute.[1]
The Scottish Parliament raised concerns over "political repercussions for Scotland" if universal jurisdiction in absentia were to be permitted.[2]
Provisions
editThe Act implements certain international crimes into domestic law.[3]
The Act excludes the crime of aggression.[4][5]
The Act makes forced pregnancy a specific crime.[6]
The Act allows for prosecution if the crimes were committed after 1 January 1991, even if they were committed outside the United Kingdom, as long as they were committed by UK nationals or by people subject to UK service jurisdiction.[7]
Further developments
editThe Act has been referred to in court cases, such as Office of the King's Prosecutor, Brussels (Respondents) v. Armas.[8]
In 2012, it was reported that Alex Salmond was facing pressure from SNP MSPs of the to amend the Act so that Tony Blair could be prosecuted under it.[5]
References
edit- ^ Arnell, Paul (2015-02-27). "Muddy Waters: Legislative Competence and the International Criminal Court in Scotland". Oxford University Commonwealth Law Journal. 2 (2): 281–290. doi:10.1080/14729342.2002.11421418. ISSN 1472-9342.
- ^ Wright, Lucy (2018-01-08). Universal Jurisdiction: The Need to Reverse the Retreat (PhD thesis). London School of Economics. Retrieved 2024-10-15.
- ^ Cryer, Robert; Mora, Paul David (2010-08-03). "I. The Coroners and Justice Act 2009 and International Criminal Law: Backing into the Future?". International and Comparative Law Quarterly. 59 (3): 803–813. doi:10.1017/S002058931000031X. ISSN 0020-5893.
- ^ "Letters: If we're going after war crimes, why should Blair get a free pass?". The Herald. Newsquest Media Group Ltd. 2022-03-05. Retrieved 2024-10-15.
- ^ a b "Scottish bid to charge Blair with war crimes". The Herald. Newsquest Media Group Ltd. 2012-09-08. Retrieved 2024-10-15.
- ^ Forced pregnancy: a commentary on the crime in international criminal law (PDF) (Report). Amnesty International. 2020.
- ^ Smith, Ben; Lang, Arabella (2013-02-21). "Recognising the killings of Iraqi Kurds as genocide" (PDF). UK Parliament. Retrieved 2024-10-15.
- ^ "Judgments - Office of the King's Prosecutor, Brussels (Respondents) v. Armas (Appellant) and others". UK Parliament. 2005-11-17. Retrieved 2024-10-15.