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 or groups claiming to be victims of genocide to seek a preliminary finding from the High Court of England and Wales. If the High Court finds that genocide has occurred, the bill mandates the Secretary of State to refer the case to the International Criminal Court or a special tribunal.
Description
The Genocide Determination Bill allows individuals, groups, or their representatives to bring cases of alleged genocide before the High Court of England and Wales. The High Court will then make a preliminary determination based on the evidence presented.
Referral Process
If the High Court finds that genocide has occurred, the Secretary of State must refer the finding to one of three bodies: the Prosecutor of the International Criminal Court, the UN Security Council (to refer the case to the ICC), or the UN Security Council (to establish a special tribunal). The Secretary of State will decide which referral route is most appropriate.
Legal Definition
The bill defines "genocide" according to the definition provided in 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 becomes law, applying 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 hearing these cases, and potential costs associated with the Secretary of State's obligations regarding referrals.
Groups Affected
Groups potentially affected include:
- Individuals and groups claiming to be victims of genocide: They gain a legal avenue to seek justice.
- The High Court of England and Wales: Increased workload and potential resource demands.
- The Secretary of State: New responsibilities regarding referrals.
- The International Criminal Court: Potential increase in cases referred.
- The United Nations Security Council: Potential increase in requests to act.
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