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38

International Criminal Court Act 2001 (c. 17)

Part 5—Offences under domestic law

(3) After subsection (3) insert—

“(3A) The condition mentioned in subsection (1)(b)(iii) above is that the conduct constituting the offence constitutes or, if committed in the United Kingdom would constitute—

(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc. committed outside the jurisdiction), or

(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence.”.

(4) After subsection (4) add—

“(5) References in this section to an offence under any provision of the International Criminal Court Act 2001, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.”.

73Extradition: offences not regarded as of political character etc

(1) For section 23 of the Extradition Act 1989 (c. 33) (genocide, etc.) substitute—

“23Genocide, crimes against humanity and war crimes

(1) This section applies to—

(a) any offence that if committed in the United Kingdom would be punishable as—

(i) an offence under section 51 or 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes),

(ii) an offence under section 52 or 59 of that Act (conduct ancillary to genocide, etc. committed outside the jurisdiction), or

(iii) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to any such offence as is mentioned in sub-paragraph (i) or (ii); and

(b) any offence punishable in the United Kingdom under section 1 of the Geneva Conventions Act 1957 (grave breach of scheduled conventions).

(2) For the purposes of this Act—

(a) an offence to which this section applies shall not be regarded as an offence of a political character, and

(b) no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

(3) It is not an objection to proceedings against a person in respect of an offence to which this section applies that under the law in force at the time when and in the place where he is alleged to have committed the