Vol. 425 No. 7
77 Mr. M. McDowell asked the Minister for Foreign Affairs whether Ireland supports the creation of an international war crimes tribunal; the practical steps, if any, which have been taken or which it is proposed to take to create such a jurisdiction; and if he will make a statement on the matter.
There is no forum at present in existence with international criminal jurisdiction. The International Court of Justice in The Hague does not have competence in criminal matters. The jurisdiction of the European Commission of Human Rights and the Court of Human Rights in Strasbourg is confined to findings of breaches by states parties to the European Convention on Human Rights. Its competence does not extend to the trial of individuals.
The question of an international war crims tribunal is under consideration in the context of the present conflict in Yugoslavia where UN and European Community missions have reported on massive violations of international humanitarian law and the Geneva Conventions on the conduct of war. Ireland supports the establishment of such a tribunal and the work that is currently under way on the matter in the UN, the CSCE and the European Community. At the UN, the special Commission set up under Security Council Resolution 780 is examining and analysing information concerning breaches of international humanitarian law and of the Geneva Conventions. The CSCE is drafting a statute for a war crimes tribunal with specific reference to the situation in the former Yugoslavia. The French Government are preparing proposals for the establishment of a war crimes tribunal which are expected to be made available shortly to the Twelve.
The area is a complex one and any international criminal jurisdiction must meet the highest standards of legal protection. I hope that the work underway can lead to the early establishment of a tribunal to bring the perpetrators of these appalling crimes in the former Yugoslavia to justice.
Can the House be assured that the Minister will use his Ministry to ensure that no agreement will be made in Yugoslavia at the price of ignoring justice or providing a remedy in relation to the war crimes that have been committed, in particular the killings, imprisonments and rapes? It should not be the case that expediency should dictate that these issues should be swept under the carpet.
I am very conscious of the matter raised by Deputy McDowell. It is a matter I raised with my European colleagues and is one which I intend pursuing. What the world has seen in relation to the war crimes that have been committed are totally unacceptable. If we were to pursue a course of action where expediency would prevail I believe that the world would stand ashamed. That will not be allowed to happen.
