The exercise of universal jurisdiction involves the prosecution by the State of a person in Ireland for a crime committed anywhere and regardless of that person's nationality. As it is an exception to the general principle of non-intervention in the internal affairs of other states, it requires the sanction of international law.
Under Irish law, universal jurisdiction may be exercised in relation to certain war crimes and torture. War crimes constituting grave breaches of the Geneva Conventions of 1949 and their First Additional Protocol of 1977 may be prosecuted under the Geneva Conventions Acts 1962 and 1998. Torture, pursuant to the United Nations Convention Against Torture of 1984, may be prosecuted under the Criminal Justice (United Nations Convention Against Torture) Act 2000.
As regards genocide, the Genocide Convention of 1948 does not provide for the exercise of universal jurisdiction and it is Ireland's view that, as of yet, there is no clear rule of customary international law that provides for the exercise of universal jurisdiction in respect of genocide.
Likewise, as regards crimes against humanity, there is no international agreement that provides for the exercise of universal jurisdiction and it is Ireland's view that, as of yet, there is no clear rule of customary international law that provides for the exercise of universal jurisdiction in respect of these crimes.
On the other hand, it was for the very reason of ensuring that the most serious crimes of concern to the international community as a whole do not go unpunished that the international community, by adopting the Rome Statute, created the International Criminal Court. Ireland has been a consistent and strong supporter of the ICC, recognising it as an essential means for bringing to justice those responsible for the most serious international crimes. With the exception of a referral by the UN Security Council, however, the jurisdiction of the ICC is limited to crimes committed by the nationals of States Parties, or committed on the territory of States Parties. Accordingly, until such time as adherence to the Rome Statute is itself universal, the jurisdiction of the Court will be limited. To this end, together with our EU partners, Ireland seeks to advance the universal reach of the Court by promoting the universal ratification of the Rome Statute.
No international agreement provides for the exercise of universal jurisdiction in relation to extrajudicial executions, nor has it become a crime subject to universal jurisdiction under customary international law. It will be of interest to note, however, that the International Convention for the Protection of all Persons from Enforced Disappearances, which was signed by Ireland in March of this year, provides for the prosecution by a state of an alleged offender present in its territory, unless it extradites or surrenders him or her to another state or surrenders him or her to an international criminal tribunal. This Convention, which opened for signature in February 2007, has not yet been ratified by any state and so has not yet entered into force.
There is no agreed definition of "extraordinary rendition" in international law, nor is there any international agreement providing for the exercise of universal jurisdiction in relation to "extraordinary rendition". However, the unlawful deprivation of liberty on Irish territory is, of course, a crime under Irish law. The Government is completely opposed to the practice of extraordinary rendition. Our concerns in this matter have been made clear to the highest levels of the US Government, including by the Taoiseach to President Bush. The Government has received specific assurances from the US authorities, confirmed by Secretary of State Rice that prisoners have not been transferred through Irish territory, nor would they be, without our permission.
