Overview

This bill allows individuals or groups to petition the High Court (England & Wales/Northern Ireland) or Court of Session (Scotland) for a preliminary determination on whether genocide or a serious risk of genocide is occurring. If a determination is made, the UK government is required to refer the matter to relevant international bodies, such as the International Criminal Court, to take action.

Description

The bill establishes a process whereby individuals, groups, or their representatives can apply to UK courts for a determination of whether genocide or a serious risk of genocide is occurring against a specific national, ethnic, racial, or religious group. This can only happen after the Secretary of State responds to a parliamentary report indicating credible evidence of such events.

Court Process:

The courts will consider the evidence and make a preliminary determination based on international legal standards. The process includes provisions for contradictory representations from involved parties.

Government Referral:

If the court finds sufficient evidence, the Secretary of State must refer the determination to relevant international bodies, including the International Court of Justice, the International Criminal Court (through the UN Security Council, without using a veto), and the UN Security Council for consideration of establishing mechanisms to prevent genocide. If the Secretary of State doesn't refer the matter, they must explain their decision to Parliament.

Secretary of State's Responsibilities:

The Secretary of State must respond to parliamentary reports on genocide and make their considerations available for judicial review, alongside relevant risk assessments and due diligence.

Government Spending

The bill doesn't specify direct government spending figures. However, costs will arise from the establishment of the court processes, staffing, and the UK government's international engagements resulting from referrals.

Groups Affected

• Individuals and groups experiencing or at risk of genocide: The bill provides a potential mechanism for them to seek international intervention.
• Contracting Parties to the Genocide Convention: They may be subject to referrals and investigations.
• UK Courts: They will be tasked with making preliminary determinations.
• Secretary of State and government departments: They will have new responsibilities for responding to reports, making referrals, and facilitating judicial review.
• International organizations (ICC, ICJ, UN): They will receive referrals and may be involved in further investigations and actions.

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