International Criminal Court Act 2006

• Jurisdiction: Ireland
• Citation: IR No. 30/2006

• Full Act
• Act by Section
• Act As Enacted
• Amendments
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Number 30 of 2006

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INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

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This Revised Act is an administrative consolidation of the International Criminal Court Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, and all statutory instruments up to and including European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), made 26 March 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 30 of 2006

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INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Prisons Act 2015 (57/2015)

• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

• Companies Act 2014 (38/2014)

• Court of Appeal Act 2014 (18/2014)

• Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014)

• Taxi Regulation Act 2013 (37/2013)

• Criminal Procedure Act 2010 (27/2010)

• Central Bank Reform Act 2010 (23/2010)

• Medical Practitioners Act 2007 (25/2007)

• Defence (Amendment) Act 2007 (24/2007)

• Defence Act 1954 (18/1954)

All Acts up to and including Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021)

• Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011)

• Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010)

All statutory instruments up to and including European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), made 26 March 2021, were considered in the preparation of this revision.

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Number 30 of 2006

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INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

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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

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Number 30 of 2006

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INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

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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:

Annotations

Modifications (not altering text):

C1

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

(a) references to the Department of Justice and Law Reform shall be construed as references to the Department of Justice and Equality;

(b) references to the Minister for Justice and Law Reform shall be construed as references to the Minister for Justice and Equality.

Editorial Notes:

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).

PART 1

Preliminary and General

1

Short title.

1.— This Act may be cited as the International Criminal Court Act 2006.

2

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) F1[…]

(b) a place provided under section 2...