International Criminal Court Act 2001

• (c) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 280(2)(c) of that Act.

• (3) Nothing in that Act shall be taken as restricting, or enabling the restriction of, the exercise of those powers.

• (4) Where, in the case of a debtor, an interim receiver stands appointed under section 286 of that Act and any property of the debtor is subject to a freezing order, the powers conferred on the receiver by virtue of that Act do not apply to property for the time being subject to the freezing order.

• (5) In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 29th December 1986 (the date on which the Insolvency Act 1986 (c. 45) came into force), this paragraph shall have effect with the following modifications—

• (a) for references to the bankrupt’s estate for the purposes of Part 9 of that Act there shall be substituted references to the property of the bankrupt for the purposes of the Bankruptcy Act 1914 (c. 59);

• (b) for references to the Act of 1986 and sections 280(2)(c) and 286 of that Act there shall be respectively substituted references to the Act of 1914 and to sections 26(2) and 8 of that Act;

• (c) the references in sub-paragraph (4) to an interim receiver appointed as there mentioned include, where a receiving order has been made, a reference to the receiver constituted by virtue of section 7 of the Act of 1914; and

• (d) sub-paragraph (2)(b) shall be omitted.

Bankruptcy: Northern Ireland

10

• (1) Where a person is adjudged bankrupt in Northern Ireland—

• (a) property for the time being subject to a freezing order, or an order having the like effect in Scotland, made before the order adjudging him bankrupt, and

• (b) any proceeds of property realised by virtue of paragraph 5(2) for the time being in the hands of a receiver appointed under that paragraph,

is excluded from the bankrupt’s estate for the purposes of Part IX of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

• (2) Where a person has been adjudged bankrupt in Northern Ireland, the powers conferred on a receiver appointed under paragraph 5 above shall not be exercised in relation to—

• (a) property for the time being comprised in the bankrupt’s estate for the purposes of that Part of that Order;

• (b) property in respect of which his trustee in bankruptcy may (without leave of court) serve a notice under Article 280 or 281 of that Order (after-acquired property and tools, clothes, etc. exceeding value of reasonable replacement); and

• (c) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under Article 254(2)(c) of that Order.

• (3) Nothing in that Order shall be taken as restricting, or enabling the restriction of, the exercise of those powers.

• (4) Where, in the case of a debtor, an interim receiver stands appointed under Article 259 of that Order and any property of the debtor is subject to a freezing order, the powers conferred on the receiver by virtue of that Order do not apply to property for the time being subject to the freezing order.

• (5) In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 1st October 1991 (the date on which the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) came into force), this paragraph shall have effect with the following modifications—

• (a) for references to the bankrupt’s estate for the purposes of Part IX of that Order there shall be substituted references to the property of the bankrupt for the purposes of the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

• (b) sub-paragraph (2)(b) shall be omitted;

• (c) for the reference in sub-paragraph (2)(c) to Article 254(2)(c) of that Order there shall be substituted a reference to Articles 28(4), (5)(c) and (11) and 30(6)(c) of the Bankruptcy Amendment (Northern Ireland) Order 1980 (S.I. 1980/561 (N.I. 4));

• (d) for the reference in sub-paragraph (3) to that Order there shall be substituted a reference to the Bankruptcy Acts (Northern Ireland) 1857 to 1980; and

• (e) for the reference in sub-paragraph (4) to an interim receiver appointed under Article 259 of that Order there shall be substituted a reference to a receiver or manager appointed under section 68 of the Bankruptcy (Ireland) Amendment Act 1872 (c. 58).

Winding up: England and Wales

11

• (1) Where an order for the winding up of a company has been made under the Insolvency Act 1986 (c. 45), or a resolution has been passed by a company for voluntary winding up under that Act, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—

• (a) property for the time being subject to a freezing order, or an order having the like effect in Scotland, made before the relevant time, and

• (b) any proceeds of property realised by virtue of paragraph 5(2) for the time being in the hands of a receiver appointed under that paragraph.

• (2) Where such an order has been made or such a resolution has been passed, the powers conferred on a receiver appointed under paragraph 5 shall not be exercised in relation to any property held by the company in relation to which the functions of the liquidator are exercisable—

• (a) so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or

• (b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

• (3) Nothing in the Insolvency Act 1986 shall be taken as restricting, or enabling the restriction of, the exercise of those powers.

• (4) In this paragraph—

• “company” means any company which may be wound up under the Insolvency Act 1986; and

• “the relevant time” means—where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;where such an order has been made and, before the presentation of the petition for the winding up of the company by the court, such a resolution had been passed by the company, the time of the passing of the resolution; andin any other case where such an order has been made, the time of the making of the order.

• (5) In any case in which a winding up of a company commenced or is treated as having commenced before 29th December 1986 (the date on which the Insolvency Act 1986 (c. 45) came into operation), this paragraph shall have effect with the substitution for references to that Act of references to the Companies Act 1985 (c. 6).

Winding up: Northern Ireland

12

• (1) Where an order for the winding up of a company has been made under the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or a resolution has been passed by a company for voluntary winding up under that Order, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—

• (a) property for the time being subject to a freezing order, or an order having the like effect in Scotland, made before the relevant time, and

• (b) any proceeds of property realised by virtue of paragraph 5(2) for the time being in the hands of a receiver appointed under that paragraph.

• (2) Where such an order has been made or such a resolution has been passed, the powers conferred on a receiver appointed under paragraph 5 shall not be exercised in relation to any property held by the company in relation to which the functions of the liquidator are exercisable—

• (a) so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or

• (b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

• (3) Nothing in the Insolvency (Northern Ireland) Order 1989 shall be taken as restricting, or enabling the restriction of, the exercise of those powers.

• (4) In this paragraph—

• “company” means any company which may be wound up under the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)); and

• “the relevant time” means—where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;where such an order has been made and, before the presentation of the petition for the winding up of the company by the court, such a resolution had been passed by the company, the time of the passing of the resolution; andin any other case where such an order has been made, the time of the making of the order.

• (5) In any case in which a winding up of a company commenced or is treated as having commenced before 1st October 1991 (the date on which the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) came into operation), this paragraph shall have effect with the substitution for references to that Order of references to the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).

Protection of insolvency practitioners

13

• (1) This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a freezing order and—

• (a) he reasonably believes that he is entitled to do so in the exercise of his functions, and

• (b) he would be so entitled if the property were not subject to a freezing order.

• (2) The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence.

• (3) The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale—

• (a) for such of his expenses as were incurred in connection with the insolvency proceedings in relation to which the seizure or disposal purported to take place, and

• (b) for so much of his remuneration as may be reasonably assigned for his acting in connection with those proceedings.

• (4) Sub-paragraphs (1) to (3) are without prejudice to the generality of any provision contained in the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989.

• (5) In this paragraph “insolvency practitioner”, in any part of the United Kingdom, means a person acting as an insolvency practitioner in that or any other part of the United Kingdom.

• (6) For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in England and Wales or in Scotland shall be determined in accordance with section 388 of the Insolvency Act 1986, except that—

• (a) the reference in section 388(2)(a) to a permanent or interim trustee in the sequestration of a debtor’s estate shall be taken to include a reference to a trustee in sequestration,

• (b) section 388(5) shall be disregarded, and

• (c) the expression shall also include the Official Receiver acting as receiver or manager of property.

• (7) For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in Northern Ireland shall be determined in accordance with Article 3 of the Insolvency (Northern Ireland) Order 1989, except that—

• (a) Article 3(5) shall be disregarded, and

• (b) the expression shall also include the Official Receiver acting as receiver or manager of property.

Interpretation

14

• (1) For the purposes of this Schedule—

• (a) “property” includes money and all other property, real or personal, heritable or moveable, and including things in action and other intangible or incorporeal property; and

• (b) “dealing with property” includes (without prejudice to the generality of that expression)—

• (i) where a debt is owed to a person, making a payment to any person in reduction of the amount of the debt, and

• (ii) removing the property from England and Wales or Northern Ireland.

• (2) For the purposes of this Schedule ICC proceedings are concluded—

• (a) when there is no further possibility of a forfeiture order being made in the proceedings; or

• (b) on the satisfaction of a forfeiture order made in the proceedings (whether by the recovery of all the property liable to be recovered, or otherwise).

SCHEDULE 7

Introduction

1

The provisions specified in this Schedule do not apply in relation to a person detained in England and Wales or Northern Ireland in pursuance of a sentence of the ICC.

Provisions affecting length of sentence

2

• (1) The following provisions of the law of England and Wales do not apply—

• (a) section 24 of the Prison Act 1952 (c. 52) (calculation of term of sentence: meaning of “month”);

• (b) section 49(2) of that Act (deduction of periods unlawfully at large);

• (c) section 23(3) and (3B) of the Criminal Justice Act 1961 (c. 39) (discharge at weekend , on a holiday or on a working day immediately before a non-working day);

• (d) sections 240ZA and 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment or detention and detention and training orders).

• (2) The following provisions of the law of Northern Ireland do not apply—

any provision of rules under section 13 of the Prisons (Northern Ireland) Act 1953 (c. 18 (N.I.)) (prison rules) as to—

• (a) remission, or

• (b) discharge at a weekend or on a holiday;

• section 38(2) of that Act (deduction of periods unlawfully at large);

• section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (taking into account of time spent in custody).

Provisions relating to early release or release on licence

3

• (1) The following provisions of the law of England and Wales do not apply—

• section 28 of the Prison Act 1952 (c. 52) (power to discharge prisoners temporarily on grounds of ill health);

• any provision of rules under section 47 of that Act (prison rules) permitting temporary release on licence;

• section 32 of the Criminal Justice Act 1982 (c. 48) or sections 243A to 264 of the Criminal Justice Act 2003(early release of prisoners);

• Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (release on licence of life prisoners).

• (2) The following provisions of the law of Northern Ireland do not apply—

• any provision of rules under section 13 of the Prison Act (Northern Ireland) 1953 (c.18 (N.I.)) (prison rules) permitting temporary release on licence;

• the Life Sentences (Northern Ireland) Order 2001 (release on licence of life prisoners);

• section 24 of the Prison Act (Northern Ireland) 1953 (power to discharge prisoners temporarily on grounds of ill health).

• Chapter 4 of Part 2 to the Criminal Justice (Northern Ireland) Order 2008 (release on licence of certain prisoners).

SCHEDULE 8

Article 6 — Genocide

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

Article 7 — Crimes against humanity

1

For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

• (a) Murder;

• (b) Extermination;

• (c) Enslavement;

• (d) Deportation or forcible transfer of population;

• (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

• (f) Torture;

• (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

• (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

• (i) Enforced disappearance of persons;

• (j) The crime of apartheid;

• (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2

For the purpose of paragraph 1:

• (a) “Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

• (b) “Extermination” includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

• (c) “Enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

• (d) “Deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

• (e) “Torture” means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

• (f) “Forced pregnancy” means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law .;

• (g) “Persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

• (h) “The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

• (i) “Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

3

For the purpose of this Statute, it is understood that the term “gender” refers to the two sexes, male and female, within the context of society. The term “gender” does not indicate any meaning different from the above.

Article 8 — War crimes

2

For the purpose of this Statute, “war crimes” means:

• (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

• (i) Wilful killing;

• (ii) Torture or inhuman treatment, including biological experiments;

• (iii) Wilfully causing great suffering, or serious injury to body or health;

• (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

• (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

• (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

• (vii) Unlawful deportation or transfer or unlawful confinement;

• (viii) Taking of hostages.

• (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

• (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

• (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

• (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

• (iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

• (v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

• (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

• (vii) Making improper use of a flag of truce, or of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

• (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

• (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

• (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

• (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

• (xii) Declaring that no quarter will be given;

• (xiii) Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;

• (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

• (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;

• (xvi) Pillaging a town or place, even when taken by assault;

• (xvii) Employing poison or poisoned weapons;

• (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

• (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

.......

• (xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

• (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy as defined in article 7, paragraph 2(f), enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

• (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

• (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

• (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

• (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.

• (c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placedhors de combat by sickness, wounds, detention or any other cause:

• (i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

• (ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

• (iii) Taking of hostages;

• (iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognised as indispensable.

• (d) Paragraph 2(c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

• (e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

• (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

• (ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

• (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

• (iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

• (v) Pillaging a town or place, even when taken by assault;

• (vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

• (vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

• (viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

• (ix) Killing or wounding treacherously a combatant adversary;

• (x) Declaring that no quarter will be given;

• (xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

• (xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.

• (f) Paragraph 2(e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.

Article 9 — Elements of crimes

1

Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

2

Amendments to the Elements of Crimes may be proposed by:

• (a) Any State Party;

• (b) The judges acting by an absolute majority;

• (c) The Prosecutor.

Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

3

The Elements of Crimes and amendments thereto shall be consistent with this Statute.

SCHEDULE 9

Article 70 — Offences against the administration of justice

1

The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

• (a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1 to tell the truth;

• (b) Presenting evidence that the party knows is false or forged;

• (c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

• (d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

• (e) Retaliating against an official of the Court on account of duties performed by that or another official;

• (f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

....

4

• (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

....

NOTE:

Article 69.1 , referred to in article 70.1(a), provides as follows:

(1) Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

.

SCHEDULE 10

The ICC and the ICC Statute

Delivery up of persons subject to criminal proceedings, &c

Meaning of “ancillary offence”

Provision of assistance

Orders for exhumation

Detention in the United Kingdom in pursuance of ICC sentence

Transfer to another part of the United Kingdom: transfer of ICC sentence

Genocide, crimes against humanity and war crimes

Meaning of “ancillary offence”

Modification of penalties: provision supplemental to section 65A

77A

• (1) Her Majesty may by Order in Council make in relation to the Special Court for Sierra Leone provision—

• (a) having effect in England and Wales, and

• (b) corresponding to that made in relation to the ICC by sections 42 to 48 (enforcement of sentences of imprisonment), with any necessary modifications.

• (2) An Order in Council made under this section must be laid before Parliament after it is made.

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

Editorial notes