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, crimes against humanity or war crimes; 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 to petition the High Court of England and Wales for a preliminary finding on whether genocide, crimes against humanity, or war crimes have been committed. If the court finds sufficient evidence, the Secretary of State must refer the findings to the International Criminal Court or a relevant international body for further action.
Description
The Genocide Determination Bill enables individuals, groups, or their representatives to bring cases before the High Court in England and Wales alleging genocide, crimes against humanity, or war crimes.
The High Court will assess the evidence and make a preliminary finding. If insufficient evidence exists, the court can request the Secretary of State to pursue further investigation via international bodies (UN, intergovernmental organizations, national governments) to gather more information.
If the High Court determines that genocide, crimes against humanity, or war crimes have occurred, the Secretary of State is obligated to refer the findings to one of the following: the International Criminal Court Prosecutor, the UN Security Council (for ICC referral or the establishment of a special tribunal), or another relevant UN mechanism. The Secretary of State will choose the most appropriate referral option.
The bill defines "genocide," "crimes against humanity," and "war crimes" according to the Rome Statute of the International Criminal Court and the Convention on the Prevention and Punishment of the Crime of Genocide.
The bill applies only to England and Wales and will come into effect six months after it becomes law.
Government Spending
The bill doesn't directly specify government spending figures. However, costs could arise from the Secretary of State's involvement in requesting and coordinating international investigations, potential legal costs associated with High Court proceedings, and any support provided to referrals to international bodies.
Groups Affected
- Individuals and groups: Those who believe they have been victims of genocide, crimes against humanity, or war crimes can petition the High Court. This provides a potential avenue for justice and accountability.
- The High Court of England and Wales: The bill increases the court's workload and responsibilities.
- The Secretary of State: The bill assigns the Secretary of State a significant role in coordinating international investigations and referring findings to appropriate bodies.
- International Criminal Court (ICC) and other international bodies: The bill could lead to an increased number of referrals to the ICC and other relevant bodies, increasing their workload and potentially triggering further investigations and prosecutions.
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