UK Law Governing War and Genocide and their Funding by Taxation
In 2001 the UK Government ratified the Rome Statute of the International Criminal Court by enacting the International Criminal Court Act, and the International Criminal Court (Scotland) Act. These two laws make it a criminal offence in the UK for any person to engage in war crimes, crimes against humanity, genocide or conduct ancillary to such crimes. The International Criminal Court Act 2001 stipulates:
51. Genocide, crimes against humanity and war crimes. It is an offence against the law of England and Wales for a person to commit genocide, a crime against humanity or a war crime.
52. It is an offence against the law of England and Wales for a person to engage in conduct ancillary to genocide, a crime against humanity or a war crime …
55. Meaning of “ancillary offence”. References in this Part to an ancillary offence under the law of England and Wales are to (a) aiding, abetting, counselling or procuring the commission of an offence, (b) inciting a person to commit an offence, (c) attempting or conspiring to commit an offence, or (d) assisting an offender or concealing the commission of an offence.
66. Mental element … a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge. … A person has intent in relation to conduct, where he means to engage in the conduct, and in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events; and “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.
78. Crown application. This Act binds the Crown and applies to persons in the public service of the Crown, and property held for purposes of the public service of the Crown, as it applies to other persons and property.
The International Criminal Court Act 2001 [Elements of Crimes] Regulations specify in the four elements of genocide that must be proved beyond reasonable doubt in court if a jury is to find a person guilty of ‘genocide’ or ‘conduct ancillary to genocide’:
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The perpetrator killed or caused the death of one or more persons.
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Such person or persons belonged to a particular national, ethnical, racial or religious group.
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The perpetrator intended to destroy, in whole or in part, that national … group as such.
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The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction.
Parliament ratified the Convention for the Suppression of the Financing of Terrorism by enacting the Terrorism Act 2000 in which it ruled in sections 1, 15, 17 and 19 that:
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Terrorism is the threat or use of firearms or explosives endangering life for a political or ideological cause,
(1) A person commits an offence if he invites another to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(2) A person commits an offence if he receives money or other property, and intends that it should be
used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(3) A person commits an offence if he provides money or other property, and knows or has reasonable
cause to suspect that it will or may be used for the purposes of terrorism.
(4) In this section a reference to the provision of money or other property is a reference to its being given, lent
or otherwise made available, whether or not for consideration.
17. A person commits an offence if he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
19. Disclosure of information: duty.
(1) This section applies where a person believes or suspects that another person has committed an offence under any of sections 15 to 18, and bases his belief or suspicion on information which comes to his attention in the course of a trade, profession or business, or in the course of his employment …
(2) The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable his belief or suspicion, and the information on which it is based
In 1861 Parliament enacted The Accessories and Abettors Act in which it ruled that:
Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender.
Chris Coverdale 28/10/ 2023