International Criminal Court: Rome Statute

Lord Alton of Liverpool Excerpts

Thursday 22nd March 2012 Lords Chamber

[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.

[Lord Alton of Liverpool]

My Lords, is the Minister aware that, two weeks ago in Parliament, Dr Mukesh Kapila, a former British and United Nations official, talking about South Kordofan, said that the second genocide of the 21st century is now unfolding, with more than 1 million people now affected? The area is being bombarded and people are being raped and being killed. Given that the International Criminal Court has indicted the head of state in Sudan, Omar al-Bashir, and also the governor of South Kordofan, Ahmed Mohammed Haroun, for war crimes and crimes against humanity, how can we continue to justify full diplomatic relations with mass murderers and fugitives from justice? What is being done to assist the ICC in enforcing arrest warrants in those cases?

[Lord Howell of Guildford]

Diplomatic relations, as the noble Lord knows from his great experience, are always a dilemma. If you break relations off completely that will be the end of contact and the opportunity to influence. Sometimes that is necessary, but we have to make a careful judgment; and that is the one that we have made so far on this matter. As for the International Criminal Court’s jurisdiction, it is quite right that the charges are outstanding against President Bashir. I think that there would have to be a further UN Security Council reference to the ICC for it to go ahead in examining these other alleged horrors and atrocities. I do not for a moment doubt what the noble Lord says about the horrors that have been going on—I think that they have been going on. It may be that the process will get under way. However, that is the only path through which we can get the ICC qualified. It cannot itself take an initiative without the support of the established procedures through the UN.