Written Answers. - Proposed International Criminal Court.
Eric J. Byrne
Question:
35
Mr. E. Byrne
asked the
Tánaiste and Minister for Foreign Affairs
the input, if any, being made by Ireland to the work of the preparatory committee on the establishment of an international criminal court; his views on whether 1998 is feasible for the convening of a plenipotentiary conference for the establishment of the court; and if he will make a statement on the matter.
[22537/96]
The Preparatory Committee on the Establishment of an International Criminal Court was established on 11 December 1995 under Resolution 50/46 of the United National General Assembly. Its mandate was to consider substantive issues and to draft texts in preparation for a diplomatic conference which would be charged with the adoption of a convention establishing a permanent international criminal court. The preparatory committee was widely seen as the last important stage before the convening of a diplomatic conference. The committee has met twice so far, in March-April and in August of this year. In addition, the progress of the committee's work was reviewed by the General Assembly at its 51st session this autumn.
Ireland held the Presidency of the European Union both during the August session of the preparatory committee and subsequently during the 51st session of the United Nations General Assembly. As such, Ireland was responsible for co-ordinating the European Union's position on this issue. It may therefore be useful to draw a distinction between what Ireland did to support the establishment of an international criminal court in its capacity as President of the European Union and what it did in its national capacity.
The European Union supports the establishment of an international criminal court. It stated its position clearly in this respect in the memorandum accompanying my Presidency address on behalf of the European Union to the General Assembly of the United Nations on 24 September 1996. In its Presidency role, Ireland delivered a statement last October on behalf of the European Union in the Sixth (legal) Committee of the UN General Assembly. In its statement, the European Union reiterated a number of fundamental considerations pertaining to the establishment of an international criminal court. These included the safeguarding of the court's independence, the limitation of its jurisdiction to the most serious crimes, the complementarity of its jurisdiction to national systems of justice and the provision of proper standards of due process. The European Union concluded its statement by looking forward to the holding of a diplomatic conference for the establishment of an international criminal court after the preparatory committee had finalised its work.
From a national perspective, Ireland believes that a permanent international criminal court is necessary to enable the international community to bring to justice those responsible for serious violations of international humanitarian law. Accordingly, I have strongly advocated Ireland's commitment to the establishment of such a court in my last three statements in a national capacity at the United Nations General Assembly. I have also stated this commitment on a number of occasions to this House, most recently in a written reply, dated 2 October 1996, to Deputy Raphael Burke.
In its national capacity, Ireland participated actively in both sessions of the preparatory committee. It contributed to the debates on issues of principle as well as to the more detailed discussions on technical legal matters. Ireland played a significant role in the formulation of the conclusions and the recommendations of the preparatory committee. At the most recent General Assembly, Ireland supplemented the statement which it had made on behalf of the European Union, with a national statement. The latter focused on internationally agreed human rights standards, the proposed relationship between the Security Council and a future court and the holding of a diplomatic conference. Subsequently, Ireland was fully engaged in the negotiations surrounding the General Assembly resolution on this topic. The resolution provides for four more meetings of the preparatory committee between February 1997 and April 1998. More importantly the resolution also provides for the holding of a conference of plenipotentiaries in 1998 with a view to finalising and adopting a convention on the establishment of an international criminal court.
Ireland supports holding a diplomatic conference in 1998. There is widespread recognition that certain key political and legal issues will only be resolved in the context of a diplomatic conference. I share that belief. I do not believe that a further statement on the matter is warranted at this point, but I wish to indicate most clearly that Ireland will maintain its active involvement towards the establishment of this court which I believe has the potential to prove itself one of the most important international legal institutions of our time.
