Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/44

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40
International Criminal Court Act 2001 (c. 17)
Part 5—Offences under domestic law

(2) In section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) and section 48(2) of the Naval Discipline Act 1957 (c. 53) (civil offences not triable by court-martial if committed in the United Kingdom)—

(a) after “rape” insert “or an offence under section 1 of the Geneva Conventions Act 1957”; and
(b) after “the Nuclear Explosions (Prohibition and Inspections) Act 1998” insert “or an offence under section 51 or 52 of the International Criminal Court Act 2001”.

(3) In section 70(5) of the Army Act 1955, section 70(5) of the Air Force Act 1955 and section 48(2) of the Naval Discipline Act 1957 (where offences involving killing are taken to have been committed), after “or manslaughter” insert “, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,”.

Part 6
General provisions

Interpretation

75Meaning of “national court” and “service court”

In this Act—

“national court” means a court in the United Kingdom or a service court; and
“service court” means—
(a) a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957,
(b) a disciplinary court constituted under section 52G of the Naval Discipline Act 1957,
(c) a Standing Civilian Court, or
(d) the Courts-Martial Appeal Court.

76Meaning of “British aircraft”, “British hovercraft” and “British ship”

(1) In this Act—

“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982 (c. 16) (application of criminal law to aircraft), or one of Her Majesty’s aircraft;
“British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provision made under the Hovercraft Act 1968 (c .59), or one of Her Majesty’s hovercraft; and
“British ship” means a British ship within the meaning of the Merchant Shipping Act 1995 (c. 21), or one of Her Majesty’s ships.

(2) References in subsection (1) to Her Majesty’s aircraft, hovercraft or ships are to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the United Kingdom.