Dáil Éireann Debate, Thursday - 7 March 2024
144. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs the degree to which Ireland, directly or through the aegis of the EU or UN, can promote the prosecution of those engaged in war crimes with a view to referral to the European criminal courts; and if he will make a statement on the matter. [11513/24]
Amharc ar fhreagraThe International Criminal Court, which is an independent international body with close links to the United Nations, was established as the first permanent international court to end impunity for the perpetrators of international crimes. The Court was established in 2002 with the entry into force of the Rome Statute. Ireland is a party to the Rome Statute. The Court promotes and upholds the rule of law and provides a means to bring to account the perpetrators of the most serious crimes of concern to the international community, including war crimes. In this way it contributes in a most fundamental way to the cause of international peace and justice.
While the ICC is central to the overall framework for international criminal justice, it is a court of last resort. The ICC does not substitute for national judicial systems. States bear the primary responsibility to investigate the most serious international crimes.
Referrals to the International Criminal Court may only be made with respect to crimes under the jurisdiction of the Court namely: genocide, crimes against humanity, war crimes and in certain circumstances, the crime of aggression. The Court’s jurisdiction is limited to the territory or nationals of States Parties to the Rome Statute, States that have accepted the Court’s jurisdiction on an ad hoc basis and situations referred to it by the Security Council of the United Nations. This jurisdiction must be triggered in one of three ways: a situation may be referred to the Court by a State Party to the Rome Statute; a situation may be referred to the Court by the United Nations Security Council; or the Prosecutor may commence an investigation at his own initiative into crimes within the jurisdiction of the Court. Referrals by the Security Council are made pursuant to Chapter VII of the Charter of the United Nations, and must receive nine affirmative votes at the Council. Any one of the five permanent Council Members (P5) has the power to veto a proposed referral.
Ireland, together with its EU partners has been, and continues to be, a consistent and strong supporter of the International Criminal Court. Ireland strongly believes that the ICC should have sufficient resources to meet its many operational challenges. The Government announced in November a voluntary contribution of €3 million to the ICC in support of its important work across all situations, including Ukraine and Palestine. This is in addition to the voluntary contribution of €3 million made to the ICC in 2022 and Ireland’s assessed contribution to the Court’s budget, which was €1.5 million in 2024.
Ireland was also one of 34 states that signed the Ljubljana–The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of genocide, Crimes against Humanity, War Crimes and other International Crimes on 14 and 15 February 2024. The Convention, provides for international co-operation mechanisms to strengthen the fight against the most serious international crimes. This includes mutual legal assistance, extradition and transfers of sentenced persons, to facilitate the investigation and prosecution at the national level of these crimes. It will enter into force three months after it has been ratified by three states. Ireland's signing of the Convention underlines the Government's support for efforts to ensure accountability for the most serious international crimes.
