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(c) the conduct is so punishable under the law of the category 2 territory (however it is
described in that law).
(5) The conduct also constitutes an extradition offence in relation to the category 2 territory if
these conditions are satisfied—
(a) the conduct occurs outside the category 2 territory and no part of it occurs in the
United Kingdom;
(b) the conduct is punishable under the law of the category 2 territory with imprison-
ment for a term of 12 months or another form of detention or a greater punishment (however it
is described in that law);
(c) the conduct constitutes or if committed in the United Kingdomwould constitute an
offence mentioned in subsection (6).
(6) The offences are—
(a) an offence under section 51 or 58 of the International Criminal Court Act 2001 (c. 17)
(genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or 59 of that Act (conduct ancillary to genocide etc.
committed outside the jurisdiction);
(c) an ancillary offence, as defined in section 55 or 62 of that Act, in relation to an offen-
ce falling within paragraph (a) or (b);
(d) an offence under section 1 of the International Criminal Court (Scotland) Act 2001
(asp 13) (genocide, crimes against humanity and war crimes);
(e) an offence under section 2 of that Act (conduct ancillary to genocide etc. commit-
ted outside the jurisdiction);
(f ) an ancillary offence, as defined in section 7 of that Act, in relation to an offence fal-
ling within paragraph (d) or (e).
(7) If the conduct constitutes an offence under the military law of the category 2 territory but
does not constitute an offence under the general criminal law of the relevant part of the United
Kingdom it does not constitute an extradition offence; and subsections (1) to (6) have effect sub-
ject to this.
(8) The relevant part of the United Kingdom is the part of the United Kingdom in which—
(a) the extradition hearing took place, if the question of whether conduct constitutes
an extradition offence is to be decided by the Secretary of State;
(b) proceedings in which it is necessary to decide that question are taking place, in any
other case.
(9) Subsections (1) to (7) apply for the purposes of this Part.