Dáil Éireann Debate, Tuesday - 14 June 2022
713. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs the steps that he has taken or intends to take in response to resolution 2436(2022) of the parliamentary assembly of the Council of Europe that was adopted on 28 April 2022; and if he will make a statement on the matter. [29983/22]
View answer714. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if during the limited time window that remains available until September 2022 Ireland will consider bringing inter-state actions in the European Court of Human Rights against Russia bearing in mind Resolution 2436 (2022) of the Parliamentary Assembly of the Council of Europe either by joining Ukraine's existing actions or by bringing fresh actions in respect of Russia's breach of human rights in Ukraine and also in respect of Russia's repression in its own territory.; and if he will make a statement on the matter. [29984/22]
View answer715. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if Ireland supports the creation of an International Criminal Tribunal in relation to the crime of aggression against Ukraine; and if so, the steps Ireland is taking in that regard.; and if he will make a statement on the matter. [29985/22]
View answer718. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if Ireland will avail of the opportunity under Article 33 of the European Convention on Human Rights to refer to the European Court of Human Rights breaches of the convention and its protocols by the Russian Federation; and if he will make a statement on the matter. [29991/22]
View answerI propose to take Questions Nos. 713, 714, 715 and 718 together.
Since 24 February, Ireland has worked across all international fora to provide the greatest possible support to Ukraine and to ensure Russian authorities are held to account for their actions.
In March, I supported the Committee of Ministers of the Council of Europe, of which I am now chair, in voting to expel the Russian Federation from the organisation. That decision, unprecedented in the Council’s 73-year history, reflected the strongest possible condemnation of the Russian Federation’s unjustified and unprovoked invasion of Ukraine, another Council of Europe member, and the Kremlin’s disavowal of the values, principles, and legal obligations which membership of the Council entails.
On 28 April, the Parliamentary Assembly of the Council of Europe (PACE) presented a number of additional recommendations on accountability, detailed in Resolution 2436 (2022) and referenced in the Deputy’s questions.
The Committee of Ministers is reviewing these in consultation with the European Committee on Crime Problems, the Steering Committee on Human Rights, and the Committee of Legal Advisers on Public International Law. As President, we will await the opinions of these expert bodies and deliberation within the Committee of Ministers before determining a formal response. However, drawing on my engagement with the PACE Standing Committee in Dublin on 31 May, I will note some relevant considerations regarding the proposals cited by the Deputy.
Ireland remains a steadfast supporter of the International Criminal Court (ICC). We were amongst the first states to refer the situation in Ukraine to the ICC in March and, following my visit to Ukraine in April, I announced €3 million in funding to support the ICC in the exercise of its jurisdiction there.
As the Deputy is aware, this jurisdiction extends to investigation over war crimes, crimes against humanity, and genocide, but not to the crime of aggression. Recognising this, I am sympathetic to proposals for the creation of an ad hoc tribunal for that purpose. However, I am also conscious that there are a number of significant legal and practical questions concerning the establishment and operation of such a tribunal that need to be resolved before it represents a credible option.
While exploring these with relevant authorities, my priority, as President of the Committee of Ministers, is to ensure that the Council of Europe does all it can here and now, through its existing instruments, to support Ukraine and ensure accountability for the crimes committed there.
To this end, I am firmly committed to advancing the Council’s revised Action Plan for Ukraine, as endorsed last month by the Government in Kyiv. As President, Ireland will strive to ensure its full implementation, including by way of an additional voluntary contribution of €200,000.
The European Convention on Human Rights and the European Court of Human Rights are, of course, the cornerstones of the Council of Europe’s accountability framework. Under the terms of its expulsion, Russia will remain accountable for violations of the European Convention on Human Rights committed up to 16 September 2022.
A contracting party to the European Convention on Human Rights may refer any alleged violation of the Convention or its Protocols by another party to the European Court of Human Rights. The vast majority of inter-state cases before the Court arise from regional conflicts between contracting parties.
Ukraine has already initiated an inter-state case against Russia relating to violations of the Convention arising from the invasion. Ukraine is, of course, is best placed to put evidence before the Court as to the impact of the invasion on the rights and freedoms guaranteed by the Convention. Ireland is supportive of Ukraine in these ongoing proceedings. We have also encouraged the Council Secretariat in its provision of expert advice to the Prosecutor General of Ukraine in documenting violations of the Convention. Already, in March, the European Court of Human Rights indicated a number of interim measures requiring Russia to refrain from military attacks against civilians. Further findings are expected.
I am determined to use Ireland’s Presidency of the Committee of Ministers of the Council of Europe to protect human rights in Ukraine and across the European continent. Beyond that, in Strasbourg, as in Geneva, New York, Brussels and the Hague, Ireland will continue to advocate tirelessly for effective measures to discourage violence and strengthen the prospects for peace, while ensuring accountability for its violation.
