Commentary on Sections Part 5: Offences under Domestic Law
84.Part 5 incorporates the offences in the ICC Statute into domestic law. This is not an obligation under the ICC Statute (except in respect of offences against the administration of justice of the ICC). Rather the purpose is to ensure that domestic authorities will always be in a position to investigate and, if necessary, prosecute ICC crimes allegedly committed by UK nationals, persons resident in this country and UK service personnel. Under the principle of “complementarity”, the ICC cannot commence an investigation into such allegations if they have been dealt with properly by a State Party.
85.Part 5 extends to England and Wales, and Northern Ireland. Sections 50(3) and (4), 70 and 71 to 73 also extend to Scotland.