Dáil Éireann debate -
Thursday, 10 Jun 1993

Vol. 432 No. 2

Written Answers. - War Crimes Tribunal.

Godfrey Timmins

Question:

40 Mr. Timmins asked the Tánaiste and Minister for Foreign Affairs if he has satisfied himself that there will be an effective war crimes tribunal set up by either the United Nations or the Council of Europe; and if he will make a statement on the matter.

Tánaiste and Minister for Foreign Affairs (Mr. Spring)

The Security Council of the United Nations decided, by Resolution 827 adopted unanimously on 25 May 1993, to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon the restoration of peace, and to this end, to adopt the Statute of the International Tribunal recommended to the Council by the Secretary-General.

The decision to establish the Tribunal was taken under Chapter VII of the UN Charter which provides for Security Council action with respect to threats to the peace, breaches of the peace and acts of aggression.

All States are obliged to co-operate fully with the Tribunal and its organs, in accordance with resolution 827 and the Statute of the Tribunal, and consequently are to take all measures necessary under their domestic law to implement the provisions of the resolution and the Statute. Application of the terms of the resolution and Statute in Irish domestic law is under consideration by the Department of Justice.

The Secretary-General is requested to implement the resolution urgently, make practical arrangements for the effective functioning of the Tribunal at the earliest time and to report periodically to the Council, which will remain actively seized of the matter.

The Statute sets out the legal basis for the establishment of the Tribunal, its legal competence and the manner in which it is to be organised.

Ireland was among the countries which submitted proposals to the Secretary-General at the preparatory stage of drafting the Statute. These proposals dealt with legal aspects of the establishment of the Tribunal.

Together with our European Community partners, Ireland has consistently supported the early establishment of the Tribunal. The effective functioning of the Tribunal will call for a firm political commitment by the international community. The nature and scale of the atrocities perpetrated in the former Yugoslavia demand urgent action and it is imperative that every effort be made to bring those responsible to justice. The establishment of the Tribunal significantly strengthens the prospects of ensuring that justice will be done to the victims of these terrible crimes.

Outside the context of former Yugoslavia, 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 Committee of Ministers of the Council of Europe recently created a mechanism which allows the Council of Europe, at the request of a European non-member state, to appoint qualified persons to sit on a control body or court responsible for the adjudication of human rights observance within that state. The contact body may draw on the competence of the European Court and Commission of Human Rights.

The mechanism was originally devised as a response to a request by Lord Owen to create a system of judicial control of human rights in Bosnia-Hercegovina, within the framework of the Vance-Owen Plan for that country. The mechanism is intended for application in any European state not a member of the Council of Europe.