Vol. 539 No. 2
68 Mr. J. O'Keeffe asked the Minister for Foreign Affairs his views on the attitude of America to the establishment of the International Criminal Court recently ratified by a referendum; and the likely impact of the most recent American proposals. [19346/01]
As the Deputy is aware, the United States of America participated in the diplomatic conference of plenipotentiaries in Rome in 1998, at which the Rome statute of the International Criminal Court, ICC, was adopted. However, it initially declined to sign the statute on the grounds that it feared that US troops operating overseas could be exposed to the jurisdiction of the court, and that a future definition of the crime of aggression might render senior officials and even the President criminally liable for taking action to preserve national security. When the US signed the statute immediately prior to the 31 December 2000 deadline, President Clinton stated that he did not recommend that his successor submit the treaty to the Senate for ratification until the fundamental concerns of the US were satisfied.
Since then, a number of politicians within the US have moved to oppose the ICC. Last month, the American Servicemembers' Protection Bill, which would prohibit the US from co-operating with the ICC on certain matters, and bar US participation in UN peacekeeping operations unless the Security Council declares UN personnel immune from the jurisdiction of the ICC, was passed by the House of Representatives. The Bill is being considered by the Senate foreign relations committee. Meanwhile the new US Administration is conducting a policy review of the ICC which will be finalised shortly.
Ireland and its EU partners have co-ordinated their reaction to these developments. A common position, affirming the commitment of the EU to the Rome statute, calling for the widest possible ratification of the statute and pledging support for its early entry into force, was approved by the General Affairs Council on 11 June. In line with the common position, the EU has made representations to Washington emphasising its support for the Rome statute and urging the US to take its place as a partner in the ICC. These representations have also stressed that the ICC will contribute to the safety of men and women engaged in peace support missions, as it will deter crime.
While the participation of the US in the ICC is not essential for its establishment, it is desirable for the statute to have the widest possible application and for the court to enjoy maximum co-operation from the international community. The result of the recent referendum on the ICC, referred to in the Deputy's question, is a significant step towards the State's ratification of the Rome statute. Ratification of the Rome statute will take place once the necessary implementing legislation is prepared by my colleague, the Minister for Justice, Equality and Law Reform, and passed by the Oireachtas. Early ratification of the statute remains a priority for my Department.
