Clause 2 - Request for arrest and surrender
International Criminal Court Bill [Lords]
10:30 am
Mr Des Browne (Kilmarnock and Loudoun, Labour)
I agree with the hon. Gentleman in general terms, but the important point is that it is the failure to exercise jurisdiction, not the existence or otherwise of it, that causes the complementary jurisdiction of the ICC to kick in. What I sought to draw out from him was the reason why he was arguing that a member of our Executive would have to examine whether we had jurisdiction. The fact is that jurisdiction will exist; it is the exercising of it that is important. The one person who will know why jurisdiction has not been exercised in this country is the Home Secretary—he will not need to investigate to find that out.