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Human Rights

Dáil Éireann Debate, Thursday - 4 March 2021

Thursday, 4 March 2021

Questions (113, 116)

Bernard Durkan

Question:

113. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if the international community can devise a means by which atrocities punishable by law can be referred quickly to the international courts with a view to bringing about a cessation of such violence; and if he will make a statement on the matter. [12456/21]

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Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if preparations will be made to refer the perpetrators of the various conflicts and abuses of human rights which appear to be going unchallenged by the international community to the International Criminal Court; the number of locations and perpetrators globally who fall into such a category; and if he will make a statement on the matter. [12459/21]

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Written answers

I propose to take Questions Nos. 113 and 116 together.

The International Criminal Court was established as the first permanent international court to end impunity for the perpetrators of international crimes. The Court was established in 2002 with the entry into force of the Rome Statute. By its very existence, the Court promotes and upholds not only the rule of law but also provides a means to bring to account the perpetrators of the most serious crimes of concern to the international community. In this way it contributes in a most fundamental way to the cause of international peace and justice.

While the ICC is central to the overall framework for international criminal justice, it is a court of last resort. The ICC does not substitute for national judicial systems. States bear the primary responsibility to investigate the most serious international crimes.

Referrals to the International Criminal Court may only be made with respect to crimes under the jurisdiction of the Court namely: the crime of aggression, genocide, crimes against humanity and war crimes. The Court’s jurisdiction is limited to the territory or nationals of States Parties to the Rome Statute or States that have accepted the Court’s jurisdiction on an ad hoc basis and situations referred to it by the Security Council of the United Nations. This jurisdiction must be triggered in one of three ways: a situation may be referred to the Court by a State Party to the Rome Statute; a situation may be referred to the Court by the United Nations Security Council; or the Prosecutor may initiate a propio motu investigation into crimes within the jurisdiction of the Court (an investigation on the Prosecutor’s own initiative). Referrals by the United Nations Security Council are pursuant to Chapter VII of the Charter of the United Nations, and must receive nine affirmative votes at the Council without one of the five permanent Council Members (P5) vetoing the referral.

The Office of the Prosecutor is currently engaged in 13 investigations and 14 preliminary examinations across 25 countries in Europe, Asia, Africa and Latin America. As a result of the Prosecutor’s investigations, there are currently 20 cases against 25 individuals active before the International Criminal Court.

Ireland, together with its EU partners has been, and continues to be, a consistent and strong supporter of the International Criminal Court. Furthermore, ensuring accountability is one of the key principles underpinning our engagement on the United Nations Security Council. We will support and defend the Court throughout our two-year term on the Council, which started on 1 January 2021.

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