International Criminal Court: Rome Statute

Lord Marks of Henley-on-Thames Excerpts

Thursday 22nd March 2012 Lords Chamber

[Lord Howell of Guildford]

I am grateful to the noble Baroness. My brief says 120 countries, not 118, but she may be right. She is quite right to say that some key countries are not signatories. She mentioned the United States, China, India and Russia; there are also Pakistan and Turkey and some others, including Syria. Obviously, the more signatories come on board, the more effective the ICC will be in future. Do we make representations? At all times. It is known in ICC circles and international circles that it would be good to get those countries to sign. The noble Baroness asks about the response. I have to say that, so far, in relation to the United States in particular, there is not a very encouraging response. There are real internal difficulties in those other countries and in the United States which prevent them signing at the moment, but we will keep pressing.

[Lord Marks of Henley-on-Thames]

Does my noble friend agree that future successful referrals to the court are imperilled by the absence of the countries that the noble Baroness mentioned and also those that he mentioned? By way of example, what steps have been taken to secure commissions of inquiry into crimes committed in Myanmar and in North Korea, with a view to UN Security Council referrals to the court in respect of crimes against humanity in those two countries?

[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.