Coroners and Justice Bill

Amendment 175 175: After Clause 51, insert the following new Clause— "Retrospective operation In Part 5 of the International Criminal Court Act 2001 (c. 17) (offences under domestic law), after section 69 insert— "69A Retrospective operation of this Part (1) The provisons of this Part shall be treated as having had effect— (a) in respect of genocide, since 9 December 1948 (being the date when the Genocide Convention was approved by the General Assembly of the United Nations), (b) in respect of crimes against humanity, since 1 January 1991 (being the date from which the United Nations, through the adoption of the Statute, recognised crimes against humanity as being part of customary international law), (c) in respect of war crimes— (i) which fall within article 8.2(a), since 12 August 1949 (being the date the Geneva Conventions were done), (ii) other than those referred to in sub-paragraph (i), since the date when they were criminal according to the general principles of law recognised by civilised nations. (2) If the date referred to in subsection (1)(c)(ii) is earlier than 6 June 1945, that date shall be treated as 6 June 1945 (being the date in respect of which jurisdiction under the War Crimes Act 1991 ended). (3) War crimes referred to in subsection (1)(c)(ii) are deemed criminal according to the general principles of law recognised by civilised nations from 17 July 1998 (being the date the ICC Statute was done) and may be so before that date. (4) In this section— "the Geneva Conventions" means the international conventions done at Geneva on 12 August 1949, "the Genocide Convention" means the Convention on the Prevention and Punishment of the Crime of Genocide approved by the General Assembly of the United Nations on 9 December 1948, "the Statute" means the Statute of International Tribunal adopted by the Security Council of the United Nations, and "the International Tribunal" means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827(1993) of the Security Council of the United Nations.""