Overview

This bill allows individuals or groups to apply to the High Court of England and Wales for a preliminary finding on whether genocide, crimes against humanity, or war crimes have been committed. The court's findings will then be referred to relevant international bodies for further action.

Description

The Genocide Determination Bill enables applications to the High Court by individuals, groups, or their representatives, alleging genocide, crimes against humanity, or war crimes against a specific national, ethnic, racial, or religious group.

Court Proceedings: The High Court will assess the available evidence and determine whether to make a preliminary finding. If evidence is insufficient, the court can request the Secretary of State to gather more information via international bodies, national governments, and other sources. Specific procedures will be outlined in rules made under the Civil Procedure Act 1997.

Referral to International Bodies: If the High Court makes a preliminary finding, the Secretary of State must refer the case to one of several international bodies: the International Criminal Court (ICC) Prosecutor, the UN Security Council (either for referral to the ICC or to establish a special tribunal), or any other relevant UN mechanism.

Definitions: The bill uses the definitions of genocide, crimes against humanity, and war crimes as outlined in the Convention on the Prevention and Punishment of the Crime of Genocide and the Rome Statute of the International Criminal Court.

Geographic Scope: The bill applies only to England and Wales.

Government Spending

The bill doesn't directly specify a budget. However, government spending may increase due to the potential need for the Secretary of State to commission investigations or support international inquiries, though the extent of this cost is currently unknown.

Groups Affected

Groups potentially affected include:

• Victims of genocide, crimes against humanity, and war crimes: This bill provides a potential avenue for seeking justice and accountability for past atrocities.
• The High Court of England and Wales: The bill will increase their workload with the added responsibility of handling these complex cases.
• The UK government (specifically the Secretary of State): The Secretary of State will be responsible for overseeing the referral process and possibly funding investigations as detailed earlier.
• International Organizations: such as the ICC, UN Security Council, and other relevant bodies will receive additional cases for consideration.

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