Overview

This bill proposes to allow individuals or groups to bring cases of alleged genocide, crimes against humanity, or war crimes to the High Court of England and Wales for a preliminary finding. The High Court's findings would then be referred to the International Criminal Court (ICC) or a special tribunal for further action.

Description

The Genocide Determination Bill enables individuals, groups, or their representatives to petition the High Court of England and Wales for a preliminary determination on whether genocide, crimes against humanity, or war crimes have been committed.

If the High Court finds sufficient evidence of genocide, it will make that finding. If not, it will determine if the acts constitute crimes against humanity or war crimes as defined by the Rome Statute of the International Criminal Court.

Should the evidence be insufficient for a determination, the High Court can request the Secretary of State to investigate, potentially engaging international bodies like the UN or national governments to gather more evidence.

Once a preliminary finding is made by the High Court, the Secretary of State is mandated to refer the finding to one of several entities: the ICC Prosecutor, the UN Security Council (to refer the case to the ICC or establish a special tribunal), or another relevant UN mechanism.

The bill uses definitions of genocide, crimes against humanity, and war crimes consistent with those found in the Convention on the Prevention and Punishment of the Crime of Genocide and the Rome Statute of the International Criminal Court.

The bill only applies to England and Wales and comes into force six months after it is passed.

Government Spending

The bill doesn't specify a direct cost but will likely incur costs associated with the High Court's processing of these cases and any actions taken by the Secretary of State in response to requests for investigations. Exact figures are not available in the provided text.

Groups Affected

Groups potentially affected include:

• Individuals and groups who have been victims of alleged genocide, crimes against humanity, or war crimes: They gain a legal avenue to seek justice.
• The High Court of England and Wales: Increased workload and potential need for additional resources.
• The Secretary of State: Responsible for responding to requests for further investigations, potentially involving significant diplomatic and financial resources.
• The International Criminal Court (ICC): Increased caseload and potential for new investigations.
• The United Nations: May be involved in further investigations, if requested.

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