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Genocide Determination Bill [HL]
[As Introduced]
CONTENTS
[As Introduced]

A

bill

to

Provide for the High Court in England, Wales and Northern Ireland and the Court of Session in Scotland to make preliminary determinations concerning the undertakings made by the United Kingdom as a Contracting Party to the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) under international law; for the referral of such determinations to relevant international courts or organisations; for response to reports on genocide; and for connected purposes.

B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Preliminary determination of cases of genocide or serious risk of genocide

(1)

A person or group of persons belonging to a national, ethnic, racial or religious
group, or an organisation representing such a person or group, may make
an application to the Court for a preliminary determination, subject to
subsection (2)
, that evidence presented to the Court is sufficient to find that

there is a serious risk of genocide or that genocide is being, or has been,
committed by an agent, organ or official of a Contracting Party (or individuals
as nationals (named or unnamed) of the named Contracting Party) against
that national, ethnic, racial or religious group.

(2)

The application procedure at subsection (1) is only available following a
response of the Secretary of State in accordance with section 4 .

(3)

The Court, considering an application under the procedure in subsection (1)
, will have regard to international jurisprudence about the standard of proof
required for the duties to prevent and to punish respectively under the
Genocide Convention.

2 Operational provisions

(1)

A Minister of the Crown must by regulations made by statutory instrument
make provision for or in connection with an application and preliminary
determination made pursuant to section 1 .

(2)

Regulations under subsection (1) above may in particular—

(a)

specify the form, content, and criteria for admissibility of applications;

(b)

make provision about the procedure to be followed in relation to
applications;

(c)

make provision about the procedure and rules of evidence necessary
for consideration of an application by the Court, allowing for
contradictory representations (including by named Contracting Parties)
to be made.

(3)

In making such regulations the Minister of the Crown must have regard to—

(a)

the experience gained in the operation of this Act;

(b)

the object and intended purpose behind the operation of this Act
including—

(i)

all undertakings in, and international obligations arising from,
the Genocide Convention;

(ii)

meaningful access to the Court by persons making applications
specified in section 1 without hindrance from unreasonable
provision made pursuant to subsection (2) .

(4)

Regulations under subsection (1) may contain supplemental, incidental,
consequential and transitional provision.

(5)

A statutory instrument containing regulations under subsection (1) is subject
to annulment in pursuance of a resolution of either House of Parliament.

3 Referrals to the International Criminal Court or International Court of Justice or other international organisations

(1)

Where the Court has made a preliminary determination, as provided for in
section 1
, the Secretary of State must refer, in an appropriate form and subject
to jurisdictional requirements, the determination as a finding of a United
Kingdom judicial body—

(a)

to the Contracting Party which is the subject of the determination or
the Contracting Party whose nationals (named or unnamed) are the
subjects of the determination, as applicable;

(b)

to all other Contracting Parties to the Genocide Convention noting
their obligations erga omnes and erga omnes partes;

(c)

to the International Court of Justice in accordance with Article IX of
the Genocide Convention;

(d)

to the Prosecutor of the International Criminal Court, pursuant to
Article 14 of the Rome Statute of the International Criminal Court;

(e)

to the United Nations Security Council, the United Kingdom not
exercising its veto, with a view to tabling a resolution for the Security
Council to refer the situation to the International Criminal Court
pursuant to Article 13(b) of the Rome Statute of the International
Criminal Court;

(f)

to the United Nations Security Council, the United Kingdom not
exercising its veto, with a view to the Security Council establishing
relevant mechanisms to enforce the obligations for the prevention and
suppression of acts of genocide or any of the other acts enumerated
in Article 3 of the Genocide Convention, pursuant to Chapter V, Article
29 of the United Nations Charter; or

(g)

to any other competent organ of the United Nations to take such action
under the Charter of the United Nations as they consider appropriate
for the prevention and suppression of acts of genocide or any of the
other acts enumerated in Article 3 of the Genocide Convention.

(2)

The Secretary of State must make whichever of the referrals in subsection (1)
is available as soon as is practicable and no later than 6 months from the date
of a preliminary determination, as provided for in section 1.

(3)

If there is a failure to make a referral after the preliminary determination as
required by subsection (2) the Secretary of State must make a statement within
10 sitting days of the 6 month deadline in subsection (2) in either House of
Parliament as to why no such referral has been made including whether and
how the United Kingdom’s obligations to prevent or punish genocide, or
both, are being adequately fulfilled.

(4)

Following the procedure in subsection (2) , and in any event 8 months from
the date of a preliminary determination as provided for in section 1, the
Secretary of State may be compelled to make whichever of the referrals in
subsection (1)
as are applicable, and without delay, by resolution of either

House of Parliament.

4 Secretary of State’s response to genocide or serious risk of genocide and review of response

(1)

The Secretary of State must respond in writing within two months to a report
produced by the responsible committee of the House of Commons or House
of Lords which concludes that there exists credible evidence of a serious risk
of genocide or that genocide is being, or has been, committed outside the
United Kingdom.

(2)

A response of the Secretary of State, as provided for in subsection (1)
, constitutes, for the avoidance of doubt, a decision of the Secretary of State
which is a reviewable act, and a non-response is also reviewable.

(3)

The Secretary of State will enable and facilitate judicial review of a response,
as provided for in subsection (1) , or the application procedure set out in
section 1
, including by—

(a)

explaining whether relevant obligations under internatonal law, and
in particular the law relating to genocide, have been properly applied,
interpreted, and fulfilled by the United Kingdom;

(b)

clarifying whether any the referrals in section (3)(1) as are applicable
will be utilised and, if not, setting out the reasons why the referrals
will not be utilised;

(c)

publishing and making available to the Court, the Secretary of State’s
considerations in exercise of their powers, in light of international
obligations, in making the response;

(d)

publishing and making available to the Court, all due diligence and
risk assessments undertaken in making the response.

(4)

A response is liable to be questioned or set aside in any court with jurisdiction,
including the Court acting in accordance with the application procedure set
out in section 1 , if the Court did not already have that jurisdiction.

(5)

For the avoidance of doubt—

(a)

the supervisory jurisdiction will extend to the response;

(b)

application or petition for judicial review may be made or brought in
relation to the response;

(c)

in any application pursuant to the procedure set out at section 1 , or
application or petition for judicial review, the Court must have regard
to the application, interpretation and fulfilment of—

(i)

obligations under the Genocide Convention;

(ii)

relevant provisions of the European Convention on Human
Rights (as provided for by the Human Rights Act 1998); and

(iii)

relevant rules of customary international law relating to
genocide, crimes against humanity under custom, war crimes
and torture and other peremptory norms of international law.

5 Interpretation


In this Act—


Contracting Party
refers to States that have signed and ratified the
Convention on the Prevention and Punishment of the Crime of
Genocide;


decision
and “response” are used interchangeably and includes any
purported decision or response;


the Court
means—

(a)

the High Court, in England and Wales or Northern Ireland, or

(b)

the Court of Session, in Scotland;


the supervisory jurisdiction
means the supervisory jurisdiction of—

(a)

the High Court, in England and Wales or Northern Ireland, or

(b)

the Court of Session, in Scotland;


the court of supervisory jurisdiction
is to be read accordingly;


genocide
has the same meaning as in the Convention on the Prevention
and Punishment of the Crime of Genocide (see Article 2 of the
Convention);


serious risk of genocide
is to be interpreted with regard to international
jurisprudence and the duty to prevent as arising from the Convention
on the Prevention and Punishment of the Crime of Genocide (see
Article 1 of the Convention);


torture
has the same meaning as in the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
(see Article 1 of the Convention).

6 Extent, commencement and short title

(1)

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)

Sections 1 to 5 come into force at the end of the period of six months
beginning with the day on which this Act is passed.

(3)

This section comes into force on the day on which this Act is passed.

(4)

This Act may be cited as the Genocide Determination Act 2024.

Genocide Determination Bill [HL]
[As Introduced]

A

bill

to

Provide for the High Court in England, Wales and Northern Ireland and the Court of Session in Scotland to make preliminary determinations concerning the undertakings made by the United Kingdom as a Contracting Party to the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) under international law; for the referral of such determinations to relevant international courts or organisations; for response to reports on genocide; and for connected purposes.

Lord Alton of Liverpool

Ordered to be Printed, .

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