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This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2009 No. 699

International Tribunals

The International Criminal Court (Darfur) Order 2009

Made

18th March 2009

Coming into force

18th March 2009

Laid before Parliament

19th March 2009

Laid before the Scottish Parliament 29th September 2011

At the Court at Buckingham Palace, the 18th day of March 2009

Present,

The Queen’s Most Excellent Majesty in Council

In consequence of the referral of the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court by the United Nations Security Council by Resolution 1593 (2005), it is expedient to make the provision set out in this Order.

Her Majesty, by and with the advice of Her Council, in exercise of the powers conferred by section 1 of the United Nations Act 1946( 1 ), as extended by section 23(5) of the International Criminal Court Act 2001( 2 ), makes the following Order in Council—

1. This Order may be cited as the International Criminal Court (Darfur) Order 2009.

2. —(1) Any state or diplomatic immunity attaching to a person does not prevent proceedings under Part 2 of the International Criminal Court Act 2001 in relation to that person.

(2) Paragraph (1) applies to proceedings in relation to a person alleged to have committed an ICC crime, or to have been convicted by the ICC, as a result of the referral of the situation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court by the United Nations Security Council by Resolution 1593 (2005).

(3) The Secretary of State may in any particular case, after consultation with the ICC and the State concerned, direct that proceedings (or further proceedings) under Part 2 of the International Criminal Court Act 2001 which, but for paragraph (1), would be prevented by state or diplomatic immunity attaching to a person shall not be taken against that person.

(4) In this Article, “the ICC” and “ICC crime” have the same meaning as in section 1(1) of the International Criminal Court Act 2001 , and “state or diplomatic immunity” has the same meaning as in section 23(6) of that Act .

Judith Simpson

Clerk of the Privy Council

( 1 )

1946 c.45

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The International Criminal Court (Darfur) Order 2009 (2009/699)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
ICC crime Unknown def_d0f5b8f6c1
state or diplomatic immunity Unknown def_7a908beee5
the ICC Unknown def_46bd359bda

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