International Criminal Court

Lord Alton of Liverpool Excerpts

Thursday 24th May 2012 Lords Chamber

Asked by

[Lord Alton of Liverpool]

To ask Her Majesty’s Government what progress has been made in securing the arrest of Joseph Kony, Omar al-Bashir and others indicted by the International Criminal Court for crimes against humanity.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the International Criminal Court relies entirely on state co-operation to ensure enforcement of its arrest warrants. The British Government, together with our EU partners, frequently raise the importance of states fulfilling their international obligations and taking the necessary steps to bring to justice individuals indicted by the court. Those currently fugitive from ICC warrants should be reminded that they, like Radovan Karadzic and General Mladic, cannot evade the international justice system indefinitely.

[Lord Alton of Liverpool]

My Lords, given that Kony was indicted in 2005, and that Omar al-Bashir, who was indicted in 2009 for crimes against humanity in Darfur, is now waging a new war against his own people in Southern Kordofan, does not a failure to bring those indicted to account risk compromising the ICC and bringing it into disrepute? What resources are we committing to the work of the ICC? When a head of state is indicted by it, how is that reflected in the conduct of our economic and diplomatic policies? Either this is genocide or it is not. Either it is crimes against humanity or it is not. Either they are indicted or they are not. Either it is business as usual or it is not.

[Lord Howell of Guildford]

It certainly is not business as usual. The noble Lord, who follows these things very closely, is perhaps not taking into account the fact that this system has taken some years to get going. The indictments are out but there are real problems in pinning these people down. He mentioned two cases. We know that Mr Joseph Kony is highly elusive and can slip across borders. At least the Government of Uganda were very successful the other day in capturing his deputy, Caesar Acellam. Uganda is a signatory to the ICC and I am sure that it will fulfil its obligations in accordance with international justice.

As for the leader of Sudan, we know exactly what the position is. We and our EU colleagues seek to keep contact with Khartoum because all the parties—South Sudan, Sudan itself, the opposition parties and, indeed, the Opposition—believe that we should do so. However, the problem of fulfilling an ICC charge against Mr Omar al-Bashir is obviously a practical, physical one in that he is not in reach unless he were to leave the country.