Dáil Éireann Debate, Tuesday - 18 April 2023
115. Deputy Ivana Bacik asked the Tánaiste and Minister for Foreign Affairs further to Parliamentary Question No. 355 of 31 January 2023, his views on the need to use the International Criminal Court and International Court of Justice to investigate and, if necessary, prosecute reported crimes against humanity. [17023/23]
View answerI remain gravely concerned by the deteriorating situation in Myanmar. The escalation in violence, displacement of people and the dire humanitarian and human rights situation are appalling.
During our time on the United Nations Security Council and through our bilateral and EU engagement, including at the Human Rights Council, Ireland has consistently condemned the coup, calling for an urgent end to violence and for full respect for human rights and compliance with international law, including international humanitarian and human rights law. Ireland is committed to supporting international efforts to hold the perpetrators of the coup to account. We proactively supported the United Nations Security Council Resolution 2669 last December.
The International Criminal Court (ICC) was established as the first permanent international court charged with dealing with the most serious crimes of concern to the international community. It has jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression committed on the territory of a State Party, committed by a national of a State Party or referred to the Court by the UN Security Council.
Myanmar is not a State Party to the ICC. Therefore, any crimes that are committed solely on Myanmar territory are not subject to the jurisdiction of the Court. However, the Prosecutor of the ICC is investigating alleged crimes against humanity, such as deportation and persecution, committed against the Rohingya minority by the authorities in Myanmar. That investigation was authorised by the Pre-Trial Chamber of the Court in November 2019. The Court only has jurisdiction as a portion of these crimes were allegedly committed on the territory of Bangladesh, which is a State Party to the ICC.
As a State Party to the ICC, Ireland is a strong supporter of the independent and impartial work of the Court. Following the Russian invasion of Ukraine in 2022, the Government made a voluntary contribution of €1 million to the Office of the Prosecutor, in order to help him meet the increased demands on his Office. This voluntary contribution will be made available for the benefit of all country situations in trial or under investigation, including the situation in Bangladesh/Myanmar.
The international Court of Justice (ICJ) is the principal judicial organ of the United Nations. It has a dual role to settle, in accordance with international law, the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorised international organs and agencies. The ICJ does not have jurisdiction to investigate or prosecute international crimes. Ireland is a firm supporter of the ICJ.
In 2019, The Gambia instituted proceedings against Myanmar alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), with respect to Myanmar’s treatment of the Rohingya. Proceedings are currently focused on substantive arguments over whether Myanmar has breached its obligations under the Genocide Convention, after the ICJ ruled it had jurisdiction to hear the case in July 2022.
We will continue to follow the work of the ICJ in this regard, and to advocate more widely for accountability for the people of Myanmar.
