70 Genocide, crimes against humanity and war crimes

Chapter 3
Other Offences

70  Genocide, crimes against humanity and war crimes

(1)     The International Criminal Court Act 2001 (c 17) is amended as follows.

(2)     In sections 53 and 60 (trial and punishment of main offences), after subsection (6) add—

“(7)     Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).”

(3)     After section 65 insert—

“65A Retrospective application of certain offences

(1)     Sections 51 and 58 apply to acts committed on or after 1 January 1991.

(2)     But those sections do not apply to a crime against humanity, or a war crime within article 8.2(b) or (e), committed by a person before 1 September 2001 unless, at the time the act constituting that crime was committed, the act amounted in the circumstances to a criminal offence under international law.

(3)     Section 52 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of England and Wales but for this section.

(4)     Section 59 applies to conduct

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