I propose to take Questions Nos. 80 and 137 together.
Ireland ratified the Rome Statute of the International Criminal Court in April 2002 following a referendum to amend the Constitution. We remain fully committed to the court in line with our political and legal obligations as a State party to the statute and under the EU Common Position of June 2002.
US concerns about the ICC, which came to the fore in recent months with the entry into force of the statute on 1 July last, are based on the view that the court's claim to jurisdiction over nationals of states not party to the statute, when the alleged crime is committed on the territory of a state party, is an unacceptable erosion of state sovereignty.
Earlier this year, the US approached the majority of UN member states, including Ireland, requesting that they enter into bilateral agreements of the type envisaged in Article 98(2) of the Rome Statute. Article 98(2) stipulates that the ICC must respect international agreements that require the consent of the sending state for the surrender of a suspect, and may not act if the surrender of a suspect would violate such an agreement.
The Government believes that US concerns about the court can be satisfied under the Rome Statute and by means of other international instruments. Existing agreements between Ireland and the US which may be of relevance include the 1983 Extradition Treaty and the Treaty on Mutual Assistance on Criminal Matters, which is expected to be ratified in the coming months. International law rules on diplomatic and state immunity, which provide for immunity from criminal jurisdiction for certain holders of high-ranking office, and the Geneva Conventions may also be relevant.
