The killing of Private Thomas Barrett and Private Derek Smallhorne and the wounding of Private John O'Mahony while serving with UNIFIL was an abhorrent crime. The legal issues in this case have been reviewed on a number of occasions in the context of ascertaining whether persons alleged to have committed this awful crime could be brought to justice.
I have previously consulted the Attorney General on the question of the possibility of seeking the extradition to the State for trial here of the alleged perpetrators of this crime. However, I have been advised that the Irish courts do not have jurisdiction for acts, such as this, committed by non-nationals outside the State and that extradition proceedings would, therefore, have to be initiated in the country where the crime was committed, namely, in Lebanon.
As the Deputy will be aware, the Convention on the Safety of United Nations and Associated Personnel, which was inspired by the need to improve the level of protection of people, such as the late Privates Barrett and Smallhorne, serving on UN missions and to ensure the punishment of individuals who do not respect the mandate of UN peacekeepers, entered into force on 15 January 1999. The convention, however, does not apply retrospectively.
I will continue to explore such avenues as may be open to me to seek justice in respect of Privates Barrett and Smallhorne. However, it is the case that, given the passage of time, building a prima facie case at this remove is likely to prove difficult.
