International Criminal Court

Lord Chidgey Excerpts

Thursday 24th May 2012 Lords Chamber

[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.

[Lord Chidgey]

My noble friend will be aware that since April, when Bosco Ntaganda’s rebel troops defected, they have managed forcibly to recruit more than 150 child soldiers and caused 40,000 villagers to flee, thereby causing more chaos in that region. The United Nations Security Council is absolutely clear about MONUSCO’s mandate for its mission in the Congo: it has the authority to assist the Government to arrest indicted war criminals. MONUSCO officials on the ground say that they have not been asked to do anything and are not involved, yet ICC officials have asked the Government to pursue the matter. However, nothing has happened. Overall, this is a case of prevarication.

[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.