Question to the Foreign, Commonwealth & Development Office:

To ask Her Majesty’s Government, further to the remarks of the Minister of State for the Department for International Development, Mr Desmond Swayne, on 16 March (HC Deb, col 937), whether non-state actors can be guilty of genocide, subject to a referral to the International Criminal Court from the United Nations Security Council.

Under Article IV of the Convention on the Prevention and Punishment of the Crime of Genocide, persons committing genocide or any of the other acts enumerated in Article III of the Convention shall be punished whether they are constitutionally responsible rulers, public officials or private individuals. Any member of Daesh who has committed an act of genocide is therefore liable to prosecution. Individual criminal responsibility, rather than by organisations or groups, is determined by courts. The International Criminal Court (ICC) Prosecutor has set out some of the complicated issues involved in the ICC investigating Daesh in her press statement of 8 April 2015.