Overview

This bill allows individuals or groups claiming to be victims of genocide to apply to the High Court of England and Wales for a preliminary finding on whether genocide has occurred. The High Court's finding would then be referred to the International Criminal Court (ICC) or, if deemed more appropriate by the Secretary of State, to the United Nations Security Council to consider referral to the ICC or the establishment of a special tribunal.

Description

Adjudication of Genocide Cases

The bill permits individuals, groups, or their representatives to petition the High Court for a preliminary determination on whether genocide has been committed against them. The court will base its decision on the available evidence. Specific rules of procedure will be established under the Civil Procedure Act 1997.

Referral to International Bodies

If the High Court finds evidence of genocide, the Secretary of State is mandated to refer the finding to one of three bodies: the Prosecutor of the International Criminal Court (under Article 14 of the Rome Statute), the UN Security Council for referral to the ICC (under Article 13(b)), or the UN Security Council to establish a special tribunal (under Chapter V, Article 29 of the UN Charter). The Secretary of State has the discretion to choose the most suitable referral option.

Definition of Genocide

The bill defines "genocide" according to Article II of the Convention on the Prevention and Punishment of the Crime of Genocide.

Implementation

The Act applies to England and Wales and comes into force six months after its passage.

Government Spending

The bill doesn't directly specify any new government spending figures. The cost will depend on the number of cases brought to the High Court, the resources required for the court’s processes, and the costs associated with referrals to international bodies. These costs are likely to be incremental, and no specific financial figures are provided in the bill text.

Groups Affected

This bill directly affects:

• Individuals and groups alleging to be victims of genocide: They gain a legal avenue to seek a preliminary determination of genocide.
• The High Court of England and Wales: The court gains a new jurisdiction and will require resources to handle the cases.
• The Secretary of State: They have the responsibility of referring the High Court's findings to the appropriate international body.
• The International Criminal Court (ICC): May receive new cases for investigation and prosecution.
• The United Nations Security Council: May be tasked with referring cases to the ICC or establishing a special tribunal.

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