Overview

This bill allows individuals or groups to petition the High Court of England and Wales for a preliminary finding on whether genocide has occurred. If the court finds that genocide has been committed, the Secretary of State must refer the case to the International Criminal Court or propose a special tribunal to the UN Security Council.

Description

This bill establishes a process for determining whether genocide has been committed. The key aspects are:

• Legal Standing: Individuals, groups, or organizations representing a national, ethnic, racial, or religious group can bring cases to the High Court.
• High Court Role: The High Court makes a preliminary finding based on evidence presented, not a final judgment.
• Referral Process: If the High Court finds genocide has occurred, the Secretary of State must refer the finding to either:
  • The Prosecutor of the International Criminal Court (ICC); or
  • The UN Security Council, to pursue referral to the ICC; or
  • The UN Security Council, to propose establishing a special tribunal.
• Secretary of State's Discretion: The Secretary of State chooses which referral method is most appropriate.
• Definition of Genocide: The bill uses the definition of genocide outlined in the Convention on the Prevention and Punishment of the Crime of Genocide.
• Jurisdiction: The bill applies only to England and Wales.
• Commencement: The main provisions come into force six months after the bill is passed.

Government Spending

The bill doesn't directly specify government spending figures. However, costs will likely arise from increased workload for the High Court, the Secretary of State's department in handling referrals, and potential UK involvement in international legal processes.

Groups Affected

Groups potentially affected include:

• Victims of alleged genocide: They gain a mechanism to seek a determination of what happened.
• High Court of England and Wales: Will face increased workload.
• Secretary of State for Foreign and Commonwealth Affairs: Responsible for referrals.
• International Criminal Court and UN Security Council: May receive increased caseloads.
• Perpetrators of alleged genocide: The process may lead to further investigations and potential prosecution.

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