Clause 2 - Request for arrest and surrender
International Criminal Court Bill [Lords]
10:30 am
Mr Crispin Blunt (Reigate, Conservative)
The hon. Gentleman's intervention goes right to the heart of the issues addressed in the amendment. It is quite right that we should have jurisdiction. However, the only instances under which the ICC would issue a warrant for the arrest of a British subject in such circumstances, would be if the court felt that the case was admissible, under article 17 of the Rome statute. Article 17.1(a) states that the ICC can take jurisdiction when
``The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;''
There could be circumstances in which the ICC concludes that the British justice system is not willing to put a person on trial.