International Criminal Court

Baroness Kinnock of Holyhead Excerpts

Thursday 24th May 2012 Lords Chamber

[Lord Howell of Guildford]

It is very difficult to ascertain exactly what is happening on the ground. No one could expect there to be full information, full access or full details. However, we fully support the work of the ICC in bringing Bosco Ntaganda to justice and bringing additional charges against him. I think the implication of my noble friend’s question and the preceding one is that somehow the ICC should have further powers over and above the existing situation in which national Governments have to seek to co-operate and take the initial action. That, of course, would raise fundamental questions about the workings of the ICC and whether we should go back to square one and revise the legislation. I do not believe that we should; I think that we should give the present process more scope and more encouragement. However, I understand what is behind my noble friend’s question.

[Baroness Kinnock of Holyhead]

My Lords, given that crimes against humanity are defined by the United Nations as,

“a widespread attack on a civilian population”,

does the Minister not agree that Robert Mugabe should be investigated by the prosecutor and subsequently indicted by the ICC? Is it not tragically clear that there is evidence of his responsibility for the Matabeleland massacres in the 1980s that were committed by his army brigade, continued state-sponsored violence against political opponents, and ongoing atrocities in the diamond fields in Zimbabwe? What pressure is Her Majesty’s Government using to ensure that this wicked man faces international criminal justice?

[Lord Howell of Guildford]

I do not dispute anything that the noble Baroness has said, with her acute understanding of the situation there. However, the realities are these: Zimbabwe is not a party to the Rome statute and to get an ICC charge against Mr Mugabe would require a UN Security Council resolution. That means getting past all five of the permanent members. We know what the view of some of the permanent members is: they should not take such action. Until we can get past this problem of the permanent five, and particularly the reluctance of China and Russia, to name two, to see these matters taken up by the UN and remitted to the ICC for charges, these people who have committed most unsavoury acts—the noble Baroness mentioned Mr Mugabe as one—are outside the reach of the ICC.