Overview

This bill allows individuals, groups, or their representatives to petition the High Court of England and Wales for a preliminary determination on whether genocide has occurred. If the High Court finds genocide has been committed, the bill mandates the Secretary of State to refer the finding to the International Criminal Court (ICC) or the UN Security Council for further action, either to the ICC or to establish a special tribunal.

Description

Adjudication of Genocide Cases: The bill empowers individuals, groups from national, ethnic, racial, or religious backgrounds, or their organizations to bring cases alleging genocide before the High Court. The High Court will then make a preliminary finding based on available evidence.

Referral to International Bodies: Following a positive preliminary finding by the High Court, the Secretary of State is obligated to refer the case to one of three bodies: the Prosecutor of the International Criminal Court (ICC), the UN Security Council (for referral to the ICC), or the UN Security Council (to establish a special tribunal). The Secretary of State will decide on the most appropriate referral route.

Legal 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 and Scope: The bill applies only to England and Wales. Sections 1-3 come into force six months after the bill's passage; other sections take immediate effect.

Government Spending

The bill doesn't directly specify government spending figures. However, costs will arise from the High Court's involvement in adjudicating cases, the Secretary of State's office processing referrals, and potential UK contributions to international tribunals or the ICC if a referral is made.

Groups Affected

Groups alleging genocide: This bill provides a legal avenue for them to seek justice and accountability for alleged atrocities.

The High Court of England and Wales: The bill increases their workload through the adjudication of genocide cases.

The Secretary of State: This individual takes on the responsibility of deciding on and implementing referrals to international bodies.

The International Criminal Court (ICC) or Special Tribunals: The bill may lead to an increase in cases referred to these institutions.

States accused of genocide: The bill has the potential to impact their international standing and legal repercussions.

Powered by nyModel