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Dáil Éireann díospóireacht -
Wednesday, 6 Dec 1995

Vol. 459 No. 4

Written Answers. - Ratification Protocols.

Bertie Ahern

Ceist:

48 Mr. B. Ahern asked the Tánaiste and Minister for Foreign Affairs the plans, if any, the Government has to ratify the Protocols additional to the Geneva Conventions of 1949 done at Geneva on 17 June 1977; and, if not, the reason in view of the fact that all European countries with the exception of Turkey will have ratified the Conventions before the end of 1995. [18333/95]

The two additional Protocols to the Geneva Conventions, of June 1997 were signed by Ireland on 12 December, 1977 subject to ratification. The Protocols are important components on international humanitarian law. Protocol I is a comprehensive code for the treatment of the civilian population in time of war and it also limits the use of certain conventional weapons. Protocol II applies the Geneva Conventions to "non-international armed conflicts". Ireland, by signing, is therefore committed to refraining from acts contrary to the object and purpose of the Protocols and to proceeding to ratification.

As the Government considers the realisation and respect of international humanitarian law to be of high importance. I am pleased to confirm to the Deputy that it is the Government's firm intention to ratify both additional Protocols to the Geneva Convention as early as possible.

The fact that it has not been possible to ratify the Protocols to date is a source of regret to the Government. However, owing to the length and complexity of the provision of the Protocols, a necessary step in the process leading to ratification is the in-depth examination of the Protocols in relation to existing Irish legislation. This examination is under way.

As the Deputy is aware, the Geneva Conventions of 1949 were implemented in Ireland by three Acts of the Oireachtas: the Red Cross Act, 1954; the Prisoners of War and Enemy Aliens Act, 1956; and the Geneva Conventions Act, 1962.

To proceed with ratification it will be necessary to consider the relationship between these statutes, as well as the relationship of each of them to the Protocols and, of course, the relationship of the Protocols to the Convention. In order for Ireland to give legal effect to the Protocols, therefore, it is expected that additional legislation may be required or that it will be necessary to amend a number of existing statutes.

It is anticipated that the ratification process will take some time but the importance of the Protocols precludes a treatment of the matter which is anything other than exhaustive. Ratification of the Protocols is viewed as a priority by the present Government and it is hoped that measurable progress can be reported in the near future.
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