International Criminal Court: Rome Statute

Debate between Lord Howell of Guildford and Lord Morris of Aberavon

Thursday 22nd March 2012 Lords Chamber

[Lord Howell of Guildford]

My noble friend has mentioned two more countries that are not signatories: Burma and North Korea. In reality, the only way that the ICC can raise charges, commence prosecutions or anything similar with regard to non-signatories is through a resolution from the UN Security Council. That would have to be the way forward, as it was, for instance, with Libya, Sudan and Darfur. So if the UN Security Council could agree, there could be a reference to the ICC in relation to Burma and North Korea. However, my noble friend knows as well as I do that the UN Security Council has differing opinions within it; and on many issues, including the sort he has raised, there are problems.

[Lord Morris of Aberavon]

My Lords, one of the driving forces for the passing of the Rome statute and the setting up of the International Criminal Court was Labour’s Foreign Secretary, the late Robin Cook, whom I had the privilege to support as Attorney-General. Regrettably, as we have been reminded this morning, the United States has failed to ratify it. Given the recent emphasis placed on the special relationship during the Prime Minister’s visit, what specific steps have been taken by Her Majesty's Government to persuade our American friends to become members of the court so that there is a venue recognised by most major states for the trying of international wrongdoers?

[Lord Howell of Guildford]

The noble and learned Lord is quite right that Robin Cook was the driving force when we took the legislation through the House—with support from both sides; I was sitting on that side at the time—for setting up this remarkable body. The court is getting going but that takes time, so many of the crimes and horrors of the past are still being tried under previous legislation and therefore in separate courts. However, the ICC is making progress. What can we do about the non-signatories, particularly our allies and friends in the United States? They know perfectly well our views. For reasons that I have mentioned—or hinted at—to do with internal pressures in the United States, they have not signed; and frankly, I think that they are not very likely to. However, in terms of co-operation and help in making the operations of the ICC work, the United States has been extremely constructive and extremely helpful.