Clause 2 - request for arrest and surrender
International Criminal Court [Lords]
4:30 pm

Mr Frank Cook (Stockton North, Labour)
I remind the Committee that with this we are taking the following amendments: No. 39, in clause 5, page 4, line 10, at end insert
`and
(c) that the person brought before the court is not a citizen of the United Kingdom'.
No. 40, in page 4, line 42, at end insert
`(10) If the competent court is satisfied that the person brought before the court is a citizen of the United Kingdom it shall adjourn the proceedings and notify the Secretary of State.
(11) On receipt of notification from the competent court that the warrant of the ICC refers to a citizen of the United Kingdom the Secretary of State will commence proceedings under Article 19 of ICC Statute to challenge the jurisdiction of the ICC.
(12) If the challenge to the ICC under subsection (11) is unsuccessful—
(a) an enquiry shall be held by a joint committee of both Houses of Parliament as to why the ICC had satisfied itself that the United Kingdom had not properly discharged its obligations under Article 17, and if the Committee finds that the judgement of the ICC was in the judgement of the Committee unreasonable it shall request Her Majesty's Government to give notification of withdrawal under Article 127;
(b) the competent court shall resume its proceedings and make a delivery order.''.'.
