Clause 51 - Genocide, crimes against humanity and war crimes
International Criminal Court Bill [Lords]
4:45 pm
Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)
Our argument is a principle; I will come to the policy argument in a moment.
In relation to the obligation concerning grave breaches of the Geneva protocols, such as torture and hostage taking, I have a point to make about genocide, which the hon. Member for Reigate mentioned. We have not had universal jurisdiction under the conventions; until now, we have not even had extraterritorial jurisdiction. As a result of clause 51(2), we will have extraterritorial jurisdiction over genocide.
Non-governmental organisations have raised an argument about the preamble. As my hon. Friend the Member for Kilmarnock and Loudoun spotted—perceptively, as in previous debates—the preamble does not impose an obligation. I am informed that there was no discussion at Rome of an obligation for states to take universal jurisdiction.