S.C.D.
Amendment Paper as at
Thursday 3rd May 2001
STANDING COMMITTEE D
INTERNATIONAL CRIMINAL COURT BILL [LORDS]
NEW CLAUSES
Government responsibility to maintain law and order
Mrs Cheryl Gillan
Mr Edward Garnier
NC2
To move the following Clause:—
'Nothing in the ICC Statute shall affect the responsibility of the Government to maintain or re-establish law and order in the State, or to defend the unity and territorial integrity of the State, by all legitimate means at its disposal.'.
Defence against unlawful use of force
Mrs Cheryl Gillan
Mr Edward Garnier
NC3
To move the following Clause:—
'.—(1) A person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for survival of the person, or another person, or property which is essential for accomplishing a military mission, when he acts against an imminent and unlawful use of force in a manner proportionate to the degree of danger to that person, or the other person, or property protected.
(2) A person may rely on the above defence if he can establish, on the balance of probabilities, that he was acting as part of a defensive operation and/or there was a necessity to act in this way.
(3) It shall be a defence to any allegation under the ICC Statute, that the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been—
(a) caused by duress resulting from a threat of imminent death or constituting imminent serious bodily harm against that person, or another person, and
(b) the person acts necessarily and reasonably to avoid this threat.'.
Reporting of consultation between the ICC and Secretary of State
Mrs Cheryl Gillan
Mr Edward Garnier
NC4
To move the following Clause:—
'The Secretary of State shall, following any consultation prior to any proposed warrant, or actual warrant, from the ICC, lay a report before the Foreign Affairs Select Committee of the House of Commons, or any ad hoc committee of that Committee, setting out in particular—
(a) the nature of the proposed warrant;
(b) the grounds for refusal to accept the warrant; and
(c) any reasons given by the Secretary of State why he considers that a warrant should not be issued, or that the case has been dealt with and/or, that the case will be dealt with under United Kingdom jurisdiction.'.
Ratification: reservations and declarations
Mrs Cheryl Gillan
Mr Edward Garnier
NC5
To move the following Clause:—
'The Secretary of State shall not ratify the ICC Statute unless—
(a) a report is laid before Parliament, setting out—
(i) any reservations Her Majesty's Government proposes to make and the reason for those reservations,
(ii) any declarations Her Majesty's Government proposes to make and the reason for such declarations, and
(iii) that report is approved by each House of Parliament.'.
Necessary conditions for Act to have effect
Mrs Cheryl Gillan
Mr Edward Garnier
NC6
To move the following Clause:—
'This Act shall have effect subject to—
(a) Her Majesty's Government having made an effort in good faith to obtain a correction to the tests in Arabic, Chinese, English, French, Russian and Spanish of Article 8.2( )(viii), by way of a proces-verbal of rectification to be issued by the Secretary General of the United Nations as depositary of the ICC Statute after communicating the proposed correction to all interested states, specifying that the transfers referred to in Article 8.2(b)(viii) are criminal only if those transfers are involuntary on the part of the persons transferred, and
(b) failing success in that effort, Her Majesty's Government having made efforts in good faith to obtain an amendment to the Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June 2000, similarly specifying that the transfers referred to in Article 8.2(b)(viii) are criminal only if those transfers are involuntary on the part of the persons transferred, and to obtain a similar specification in the Elements of Crimes to be adopted in accordance with Article 9, and
(c) in that case, Her Majesty's Government having, when ratifying the ICC Statute, made a declaration to the effect that the United Kingdom regards the transfers referred to in Article 8.2(b)(viii) as criminal only if those transfers are involuntary on the part of the persons transferred, and not in any case withdrawing that declaration.'.
Declaration upon ratification
Mr Crispin Blunt
Mr Gerald Howarth
NC7
To move the following Clause:—
'This Act shall have effect subject to the making of a declaration by Her Majesty's Government upon ratification, to be deposited with the Secretary General of the United Nations, as follows—
"Her Majesty's Government, being cognizant of the declaration upon signature by the Government of the State of Israel, will itself reject attempts to interpret its provisions in a politically motivated manner against actions of the United Kingdom and its citizens. Her Majesty's Government hopes that the United Kingdom's expressions of concern at the consequences of politicization of the intended central impartial body will help prevent the undermining of the objectives of the Statute.".'.
Amendments of the ICC Statute
Mr Crispin Blunt
Mr Gerald Howarth
NC8
To move the following Clause:—
'If an amendment is adopted to the ICC Statute under Article 121, within six months of the meeting of the Assembly of States Parties which adopts such amendment Her Majesty's Government shall obtain approval for such amendment by positive resolution of both Houses of Parliament, failing such approval being given six months after the meeting of the Assembly of States Parties Her Majesty's Government will give notice for withdrawal under Article 127.'.
Mrs Cheryl Gillan
Mr Edward Garnier
59
Clause 49, page 25, line 14, at end insert ', and
(c) orders relating to the payment of reparations to victims of crimes within the jurisdiction of the Court from the Trust Fund established under Article 79'.
Mrs Cheryl Gillan
Mr Edward Garnier
6
Clause 50, page 26, line 16, at end insert ', other than the transfers referred to in Article 8.2(b)(viii) except where those transfers are involuntary on the part of the persons transferred.'.
Mrs Cheryl Gillan
Mr Edward Garnier
7
Clause 50, page 26, line 24, at end insert ', as that report may be amended from time to time'.
Mrs Cheryl Gillan
Mr Edward Garnier
8
Clause 50, page 26, line 30, after 'relevant', insert 'declaration made by the United Kingdom when ratifying the ICC Statute and any relevant'.
Mrs Cheryl Gillan
Mr Edward Garnier
9
Clause 50, page 26, line 31, leave out 'ratifying any treaty' and insert 'signing or ratifying any other treaty'.
Mr Gerald Howarth
Mr Crispin Blunt
31
Schedule 8, page 72, line 13, leave out subsection (i).
Mr Gerald Howarth
Mr Crispin Blunt
32
Schedule 8, page 72, line 16, leave out subsection (ii).
Mr Gerald Howarth
Mr Crispin Blunt
33
Schedule 8, page 72, line 24, leave out subsection (iv).
Mr Gerald Howarth
Mr Crispin Blunt
34
Schedule 8, page 72, line 30, leave out subsection (v).
Mr Gerald Howarth
Mr Crispin Blunt
35
Schedule 8, page 73, line 24, leave out subsection (xxi).
Mr Crispin Blunt
53
Clause 51, page 27, line 11, leave out from first 'Kingdom' to end of line 12.
Mr Robert Maclennan
Mr Mark Oaten
42
Clause 51, page 27, line 11, leave out 'a United Kingdom resident'.
Mr Robert Maclennan
Mr Mark Oaten
43
Clause 51, page 27, line 12, at end insert ', or
( ) outside the United Kingdom by a non-UK national who after the alleged offence has been committed is present in England and Wales.'.
Mr Crispin Blunt
54
Clause 52, page 27, line 29, leave out from first 'Kingdom' to end of line 30.
Mr Robert Maclennan
Mr Mark Oaten
46
Clause 52, page 27, line 29, leave out 'a United Kingdom resident'.
Mr Robert Maclennan
Mr Mark Oaten
47
Clause 52, page 27, line 30, at end insert 'or
( ) outside the United Kingdom by a non-UK national who after the alleged offence has been committed is present in England and Wales.'.
