|Title:||International Criminal Court (Consequential Amendments) Act 2002|
|Title in original language:||Act No. 42, 2002: An Act to amend the Criminal Code Act 1995 and certain other Acts in consequence of the enactment of the International Criminal Court Act 2002 , and for other purposes|
|Entry into force:||26.09.2002|
The purpose of this Act is to amend legislation of various kinds in order to implement at the national level the ratified 1998 Rome Statute of the ICC. It mainly amends the Schedule to the Criminal Code Act 1995 by inserting, in Chapter 8 thereof (renamed “Offences against humanity and related offences”), the crimes defined in the Rome Statute: genocide (Subdivision B); crimes against humanity (Subdivision C); and war crimes (Subdivisions D, E, F, G and H). These offences apply whether or not the conduct constituting the alleged offence, or a result of the said conduct, occurs in Australia. The Act also creates offences called “crimes against the administration of the justice of the International Criminal Court” (Subdivision J), such as destroying or concealing evidence. It establishes the responsibility of commanders and other superiors for offences committed by forces under their effective command and control, or effective authority and control. It adds that a superior order is not a defence to a war crime unless the war crime was committed by a person pursuant to an order of a government or of a superior, the person was under a legal obligation to obey the order and did not know that the order was unlawful, and the order was not manifestly unlawful. Lastly, this Act repealed Part II of the Geneva Conventions Act 1957, as amended, dealing with the punishment of grave breaches of the 1949 Geneva Conventions and of the 1977 Additional Protocol I.