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Dáil Éireann díospóireacht -
Wednesday, 29 Sep 1999

Vol. 508 No. 1

Written Answers. - International Criminal Court.

Jack Wall

Ceist:

123 Mr. Wall asked the Minister for Foreign Affairs the progress, if any, made with regard to the establishment of an international war crimes court; when Ireland will ratify the convention in this regard; when sufficient countries will have ratified it to allow for its establishment; and if he will make a statement on the matter. [17963/99]

John Bruton

Ceist:

195 Mr. J. Bruton asked the Minister for Foreign Affairs further to Parliamentary Question No. 40 of 11 May 1999, the reason his Department and the Department of Justice, Equality and Law Reform did not undertake the necessary legal study of the war crimes court statute at the time it was being negotiated in order that Ireland could ratify this statute quickly; and if the various legal issues were considered properly before Ireland signed this convention. [17371/99]

I propose to take Questions Nos. 123 and 195 together.

The statute of the International Criminal Court was concluded at Rome on 17 July 1998 and was signed, subject to ratification, by Ireland on 7 October 1998. It will enter into force approximately two months after 60 states have become party to it. My information is that to date 84 states have signed the statute and, of these, four have ratified the statute.

The establishment of a permanent international criminal court has been supported by Ireland for many years. Accordingly, considerable resources were made available to ensure that Ireland was represented at and participated in the preparatory committee set up to consider the issues involved in setting up such a court. There was also a team, made up of officials of the Departments of Foreign Affairs, Justice, Equality and Law Reform and Defence and the Offices of the Attorney General and Director of Public Prosecutions, at the diplomatic conference in Rome which led to the adoption of the statute. Ireland continues to be represented at the preparatory commission set up after the Rome conference to deal with matters necessary for the effective operation of the court when the statute enters into force. I can assure the House that the legal issues involved were given careful consideration by the Irish team during the course of the negotiations leading up to the adoption of the statute.
Ireland was anxious to sign the statute at an early date to signal our strong political support for the court, as were our EU partners and our partners in the 66 member like-minded group which was set up to advance the conclusion of the statute and its timely entry into force.
A time lapse is normal between signature and ratification. The purpose of this time lapse is to allow each signatory state to consider what measures require to be taken in their domestic legal systems prior to ratification. The measures required prior to ratification and the time frame involved will vary from state to state.
With regard to ratification by Ireland, I should point out that the statute is a long and complex document which includes 13 parts and 128 articles. A careful and detailed examination of the statute by my Department, together with the Department of Justice, Equality and Law Reform, the Office of the Attorney General and other appropriate bodies, is necessary in order to determine the precise nature and scope of the legal and administrative measures which may need to be adopted in order for Ireland to be in a position to meet its obligations under the statute.
At the international level, this matter is also being discussed by delegations at the preparatory commission with the aim of ensuring that the necessary domestic measures are taken by states not only in a timely fashion, but also in a comprehensive and consistent manner.
Ireland may proceed to ratify the statute only when all the necessary legal and administrative measures have been put in place. I am not in a position at this point to state definitively how long this process might take, but I can assure the Deputy that the timely ratification and entry into force of the statute will continue to be given a high priority by my Department.
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