Gay Mitchell
Question:79 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will make a statement regarding the concerns expressed in relation to the International Criminal Court negotiations (details supplied). [16582/98]
Written Answers. - International Criminal Court.
Ireland has long been a supporter of the establishment of a permanent international criminal court and is participating actively at the United Nations Diplomatic Conference on the Establishment of an International Criminal Court which is being held in Rome from 15 June to 17 July 1998. The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Mary Wallace, addressed the conference during the opening week and underlined the importance to Ireland of a successful outcome.
Earth Action raises the issue of which crimes will come within the jurisdiction of the future court. Negotiations on this issue are still ongoing. There would seem to be broad support for the inclusion of the crime of genocide, war crimes and crimes against humanity. I can confirm that Ireland supports the future court having jurisdiction over those crimes. States have expressed differing views on whether the crime of aggression should be included. The inclusion of aggression will depend very much on agreement being reached with regard to an appropriate definition of the crime and the role of the United Nations Security Council in relation to this matter. Ireland supports the inclusion of aggression. A number of states oppose the court having jurisdiction over war crimes committed in non-international armed conflict. Ireland is firmly of the view that the court should have jurisdiction over war crimes committed in both international armed conflict and non-international armed conflict. Ireland supports the inclusion of rape as a war crime coming within the jurisdiction of the court.
Earth Action raises a number of issues in relation to the independence of the court. One of the issues raised is the type of state consent regime which may apply before the court can exercise its jurisdiction. Again negotiations are ongoing in relation to this and many states have differing views as to how this should be dealt with in any future statute setting up the court. Ireland believes that in becoming a party to such a statute, state parties should accept the jurisdiction of the court over the above mentioned crimes. Given the serious nature of those crimes, Ireland would not favour some sort of opt-in/opt-out regime or a regime whereby there are overly onerous requirements of state consent before the court can exercise its jurisdiction. Furthermore, Ireland supports the prosecutor of the future court having the power to investigate and prosecute persons suspected of such crimes on the basis of information received from various sources, and not only in the case of referrals by states or the security council. However, there are a number of states who are opposed to the prosecutor having such a power.
Finally, Ireland will be represented throughout the conference and will continue to work towards the establishment of an international criminal court which will be truly independent and effective.