Consideration of Bill, as amended in the Committee
Consideration of Bill, as amended in the Committee
New Clause 1
Visiting forces: ICC arrest warrants and war crimes
“(1) The Secretary of State must not issue an authorisation permitting members of a visiting force to enter or remain in the United Kingdom for the purposes of the Visiting Forces Act 1952 where—
(a) the sending country is subject to a binding ICC arrest warrant or a decision of the Pre-Trial Chamber of the International Criminal Court specifying individual commanders or units of its armed forces, or
(a) the sending country is subject to a binding ICC arrest warrant or a decision of the Pre-Trial Chamber of the International Criminal Court specifying individual commanders or units of its armed forces, or
(b) the Secretary of State has reasonable grounds to believe that members of the visiting force have participated in, ordered, or failed to prevent conduct that constitutes a war crime within the meaning of Article 8 of the Rome Statute of the International Criminal Court.
(b) the Secretary of State has reasonable grounds to believe that members of the visiting force have participated in, ordered, or failed to prevent conduct that constitutes a war crime within the meaning of Article 8 of the Rome Statute of the International Criminal Court.
(2) Where a visiting force is already present in the United Kingdom and subsection (1)(a) or (1)(b) is subsequently satisfied, the Secretary of State must—
(a) within 14 days, notify Parliament by way of a written ministerial statement, and
(a) within 14 days, notify Parliament by way of a written ministerial statement, and
(b) within 28 days, revoke any subsisting authorisation for the continuation of that visiting force in the United Kingdom, unless the Secretary of State lays before Parliament a statement of exceptional circumstances justifying continuation.
(b) within 28 days, revoke any subsisting authorisation for the continuation of that visiting force in the United Kingdom, unless the Secretary of State lays before Parliament a statement of exceptional circumstances justifying continuation.
(3) Any revocation under subsection (2)(b) does not affect the liability under the law of England and Wales, Scotland, or Northern Ireland of a member of that visiting force for acts committed prior to their departure.
(4) The Secretary of State must lay before Parliament an annual report on the application of this section, including—
(a) the number of authorisations refused under subsection (1);
(a) the number of authorisations refused under subsection (1);
(b) the number of authorisations revoked under subsection (2)(b); and
(b) the number of authorisations revoked under subsection (2)(b); and