The Act Background
3.The Act, in tandem with the International Criminal Court Act 2001 (“the UK Act”), will enable the United Kingdom to ratify the Statute of the International Criminal Court, which was adopted on 17 July 1998 at Rome. The UK Government signed the Statute on 30 November 1998 and legislation is required to allow the UK to comply with all its obligations under the Statute and accordingly to ratify.
4.In these notes the “ICC” means the International Criminal Court established by the Statute of the International Criminal Court done at Rome on 17 July 1998; “ICC Statute” means that Statute; references to articles are to articles of that Statute; “ICC crimes” means war crimes, crimes against humanity and genocide, which are defined in articles 6 to 8 of the ICC Statute; and “ICC prisoner” means a person sentenced by the ICC to a term in prison for committing an ICC crime.
5.The Act is in four Parts, with six schedules, as follows—
	Part 1 – (Offences) incorporates into domestic law the offences of genocide, crimes against humanity and war crimes, and offences against the administration of justice of the ICC.
	Part 2 – (Assistance) provides for various forms of co-operation with ICC investigations.
	Part 3 – (Enforcement of sentences and orders) makes provision in relation to prisoners convicted by the ICC or certain UN tribunals who, by virtue of warrants issued by the Scottish Ministers under the UK Act, are serving their sentences in Scotland; and also confers power to make subordinate legislation for the enforcement of fines, forfeitures and reparations ordered by the ICC or the UN tribunals.
	Part 4 – (General) defines certain expressions used in the Act; makes provision for proof of orders, judgements, warrants or requests of the ICC and evidence about ICC proceedings. It also makes provision for commencement.
	Schedule 1 – (Genocide, crimes against humanity and war crimes) reproduces articles 6 to 9, which define those crimes.
	Schedule 2 – (Offences against the administration of justice) reproduces article 70, which defines offences against the administration of justice in relation to the ICC.
	Schedule 3 – (Rights of persons during investigation) reproduces article 55, which describes those rights.
	Schedule 4 – (Taking of fingerprints etc.) describes the arrangements for taking such evidence in response to an ICC request for assistance in identifying a person.
	Schedule 5 – (Investigation of proceeds of ICC crime) describes the arrangements for co-operating with ICC investigations into the proceeds of crime.
	Schedule 6 – (Freezing orders in respect of property liable to forfeiture) describes the arrangements for complying with an ICC request to freeze property for the purpose of eventual forfeiture.