International criminal court act 2006

• Enactment Date: 31 October 2006
• Act Number: 30

Number 30 of 2006
INTERNATIONAL CRIMINAL COURT ACT 2006
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title.
2. Interpretation (general).
3. Interpretation by courts of Act and Statute.
4. Requests by International Criminal Court.
5. Expenses.
PART 2
Domestic Jurisdiction in ICC Offences
6. Interpretation (Part 2).
7. Genocide, crimes against humanity and war crimes.
8. Offences ancillary to genocide, crimes against humanity and war crimes.
9. Proceedings for ICC offence.
10. Penalty for ICC offence.
11. Offences against administration of justice.
12. Extra-territorial jurisdiction.
13. Applicable law.
14. Protection of victims and witnesses.
PART 3
Requests by International Criminal Court for Arrest and Surrender of Persons
15. Interpretation (Part 3).
16. Effect of release under this Part.
17. Request for arrest and surrender.
18. Conflicting requests.
19. Certificate by Minister of making of request.
20. Issue of arrest warrant.
21. Request for provisional arrest.
22. Issue of provisional arrest warrant.
23. Execution of arrest warrants.
24. Proceedings after provisional arrest.
25. Surrender order.
26. Adjournment and remand.
27. Time lapse before surrender.
28. Removal to hospital or other place.
29. Consent to surrender.
30. Surrender.
31. Postponement of surrender.
32. Release by order of Minister.
33. Release by order of High Court.
34. Release not a bar to subsequent arrest or surrender.
35. Imprisoned or detained persons whose surrender requested.
36. Rule of specialty.
PART 4
Requests to Freeze Assets and Enforce Orders of International Criminal Court
37. Interpretation (Part 4).
38. Freezing orders.
39. Registration of freezing orders.
40. Enforcement of ICC orders.
41. Realisation of property.
42. Exercise of powers by High Court or receiver.
43. Receivers: supplementary provision.
44. Bankruptcy of defendant, etc.
45. Property dealt with by Official Assignee.
46. Winding up of company holding realisable property.
47. Interest on sums unpaid under enforcement orders.
48. Currency of payments under enforcement orders.
49. Application of proceeds of realisation.
PART 5
Other Requests
50. Identification evidence.
51. Locating persons and identifying or locating property, etc.
52. Taking of evidence.
53. Questioning.
54. Service of documents.
55. Temporary transfer of prisoner.
56. Transit.
57. Act not to limit provision of other assistance.
PART 6
Miscellaneous
58. Sittings in State of International Criminal Court.
59. Investigations in State by Prosecutor.
60. Immunities and privileges relating to International Criminal Court.
61. State or diplomatic immunity, etc.
62. Requests to International Criminal Court for assistance.
63. Evidence in proceedings.
64. Regulations.
65. Amendment of International War Crimes Tribunals Act 1998.
66. Consequential amendments.
SCHEDULE 1
Statute of the International Criminal Court, done at Rome on 17 July 1998
SCHEDULE 2
Agreement on the Privileges and Immunities of the International Criminal Court
SCHEDULE 3
Consequential Amendments
SCHEDULE 4
Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by the General Assembly of the United Nations on 9 December 1948
Acts Referred to
Air Navigation and Transport Act 1973 1973, No. 29 Bail Act 1997 1997, No. 16 Bankruptcy Act 1988 1988, No. 27 Central Bank Act 1971 1971, No. 24 Children Act 2001 2001, No. 24 Companies Act 1963 1963, No. 33 Companies Acts 1963 to 2005 Criminal Evidence Act 1992 1992, No. 12 Criminal Justice Act 1960 1960, No. 15 Criminal Justice Act 1994 1994, No. 15 Criminal Justice Act 1999 1999, No. 10 Criminal Justice (Legal Aid) Act 1962 1962, No. 12 Criminal Justice (Safety of United Nations Workers) Act 2000 2000, No. 16 Criminal Justice (Terrorist Offences) Act 2005 2005, No. 2 Criminal Justice (United Nations Convention against Torture) Act 2000 2000, No. 11 Criminal Law (Rape) Acts 1981 and 1990 Criminal Law Act 1997 1997, No. 14 Criminal Procedure Act 1967 1967, No. 12 Defence Act 1954 1954, No. 18 Dentists Act 1985 1985, No. 9 Diplomatic Relations and Immunities Act 1967 1967, No. 8 European Arrest Warrant Act 2003 2003, No. 45 Extradition (European Convention on the Suppression of Terrorism) Act 1987 1987, No. 1 Extradition Act 1965 1965, No. 17 Extradition Acts 1965 to 2001 Geneva Conventions Act 1962 1962, No. 11 Geneva Conventions (Amendment) Act 1998 1998, No. 35 Genocide Act 1973 1973, No. 28 International War Crimes Tribunals Act 1998 1998, No. 40 Medical Practitioners Act 1978 1978, No. 4 Mercantile Marine Act 1955 1955, No. 29 Misuse of Drugs Act 1977 1977, No. 12 Official Secrets Act 1963 1963, No. 1 Prisons Act 1970 1970, No. 11 Prisons Act 1972 1972, No. 7 Proceeds of Crime Act 1996 1996, No. 30 Registration of Deeds Act 1707 6 Anne, c. 2 Registration of Title Act 1964 1964, No. 16
Number 30 of 2006
INTERNATIONAL CRIMINAL COURT ACT 2006
AN ACT TO PROVIDE FOR THE PUNISHMENT BY COURTS IN THE STATE AND BY COURTS-MARTIAL OF GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES AND OTHER OFFENCES WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT, WHICH WAS ESTABLISHED UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT, DONE AT ROME ON 17 JULY 1998; TO ENABLE EFFECT TO BE GIVEN TO REQUESTS BY THAT COURT FOR ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF THOSE OFFENCES, INCLUDING REQUESTS TO ARREST AND SURRENDER PERSONS, TO FREEZE ASSETS AND TO ENFORCE ANY FINES OR FORFEITURES IMPOSED BY IT; TO MAKE PROVISION IN RELATION TO ANY SITTINGS OF THE COURT THAT MAY BE HELD IN THE STATE; AND TO PROVIDE FOR RELATED MATTERS.
[31st October, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title.	1.— This Act may be cited as the International Criminal Court Act 2006.
	Interpretation (general).	2.— (1) In this Act, unless the context otherwise requires—
	“ act ”, except where the context otherwise requires, includes omission, and references to conduct are to be construed accordingly;
	“ Act of 1994 ” means the Criminal Justice Act 1994 ;
	“ ancillary offence ” shall be construed in accordance with section 8 (1);
	“ another state ” means a state other than the State;
	“ Article ” means an Article of the Statute;
	“ document ” includes—
	(a) a map, plan, graph, drawing, photograph, photographic negative, record, book, periodical or pamphlet, and
	(b) where appropriate, any tape, computer disk or other thing on which data capable of conversion into any permanent legible form is stored;
	“ Elements of Crimes ” means Elements of Crimes (including any amendments thereto) adopted under Article 9;
	“ Extradition Acts ” means the Extradition Acts 1965 to 2001;
	“ functions ” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the performance of the duties;
	“ ICC offence ” has the meaning given to it by section 9 (1); “ Minister ” means the Minister for Justice, Equality and Law Reform;
	“ Pre-Trial Chamber ” means the Pre-Trial Chamber of the International Criminal Court;
	“ prison ” means a place of custody administered by or on behalf of the Minister and includes—
	(a) Saint Patrick’s Institution,
	(b) a place provided under section 2 of the Prisons Act 1970 ,
	(c) a place specified under section 3 of the Prisons Act 1972 , and
	(d) a remand centre designated under section 88 of the Children Act 2001 ;
	“ property ” includes—
	(a) money and all other property, real or personal, movable or immovable,
	(b) choses in action and any other intangible or incorporeal property, and
	(c) proceeds of the disposal of property;
	“ Prosecutor ” means the Prosecutor of the International Criminal Court;
	“ remand institution ” means an institution (other than a prison) within the meaning of the Criminal Justice Act 1960 ;
	“ Rules of Procedure and Evidence ” means the Rules of Procedure and Evidence (including any amendments thereto) adopted under Article 51;
	“ Statute ” means the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998;
	“ surrender order ” means an order of the High Court under section 25 for the surrender of a person.
	(2) Nothing in this Act (except in so far as may be required by section 18 ) prevents the surrender of a person in accordance with the Extradition Acts or the European Arrest Warrant Act 2003 .
	(3) In this Act, unless the context otherwise requires—
	(a) a reference to a section or Part is to a section or Part of this Act,
	(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs,
	(c) a reference to a Schedule is to a Schedule to this Act, and
	(d) a reference to any enactment is a reference to that enactment as amended or adapted by or under any subsequent enactment.
	Interpretation by courts of Act and Statute.	3.— (1) In interpreting the Act and Statute a court, where necessary, may—
	(a) take account of the Rules of Procedure and Evidence, the Elements of Crimes and any relevant judgment or decision of the International Criminal Court,
	(b) take account of any other relevant judgment, and
	(c) consider the travaux...