Genocide Determination Bill [HL]
Official Summary
A Bill to provide for the High Court of England and Wales to make a preliminary finding on cases of alleged genocide; and for the subsequent referral of such findings to the International Criminal Court or a special tribunal.
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Overview
This bill allows individuals, groups, or organizations representing groups who believe they have been victims of genocide to bring a case before the High Court of England and Wales. The High Court will make a preliminary finding on whether genocide occurred, which the Secretary of State will then refer to the International Criminal Court or a special tribunal.
Description
Court Proceedings
The bill allows individuals, groups, or their representatives to petition the High Court of England and Wales to determine if genocide has been committed against them. The High Court will assess the available evidence and issue a preliminary finding. Specific procedural rules will be established to govern these cases.
Referral to International Bodies
If the High Court finds that genocide has occurred, the Secretary of State must refer the finding to at least one of the following: the Prosecutor of the International Criminal Court, the United Nations Security Council (to pursue referral to the ICC), or the United Nations Security Council (to establish a special tribunal).
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 bill will come into force six months after it is passed, and it applies only to England and Wales.
Government Spending
The bill does not specify any direct government spending figures. However, there will be costs associated with the High Court's involvement in these cases, and the costs associated with any referrals to international bodies.
Groups Affected
- Victims of alleged genocide: This bill provides a potential legal avenue for seeking justice and recognition of atrocities.
- The High Court of England and Wales: This court will assume responsibility for hearing and determining these cases, requiring additional resources and potentially impacting their workload.
- The Secretary of State: This individual will be responsible for referring High Court findings to international bodies.
- The International Criminal Court and the United Nations Security Council: These bodies will receive and may act upon referrals stemming from the High Court's findings.
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