Syria and Iraq: Genocide

Lord Shinkwin Excerpts

Tuesday 22nd November 2016 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, the noble Lord has asked several important questions and I will try to encapsulate them. Perhaps I may first comment with regard to Russia. When Russia grabbed the headlines about leaving the ICC, it was when I was going to the International Criminal Court in The Hague. I was perfectly well aware that the Russians had never ratified, although they had signed, the initial treaty—they made a play of the headlines, but there we are.

As regards the prosecution of Daesh fighters, it is the case that these have already begun, and I can certainly write to the noble Lord with details of the cases that have been taken in this country. However, around 60 countries have legislation in place to prosecute and penalise foreign terrorist fighters for their activities, and to date at least 50 countries have prosecuted or arrested such fighters or facilitators. On the matter of how a tribunal might be set up, it is possible of course that some form of international or hybrid justice mechanism may prove to be appropriate, but it is too early—and not for us alone—to prejudge that.

[Lord Shinkwin (Con)]

My Lords, as the order of scale of the genocidal crimes perpetrated by Daesh becomes ever clearer, are Her Majesty’s Government aware that the Parliamentary Assembly of the Council of Europe recently called on the International Criminal Court to accept the existing jurisdiction that it has to prosecute foreign fighters complicit in the atrocities? Can my noble friend tell me whether Her Majesty’s Government will assist the International Criminal Court in that endeavour?

[Baroness Anelay of St Johns]

My Lords, my noble friend is right about the resolution of the Parliamentary Assembly of the Council of Europe. When I was in The Hague last week, I made it clear both to the president of the ICC and the chief prosecutor that the UK continues fully to respect the independence of the Office of the Prosecutor to determine which situations are subject to preliminary examination. I emphasised, both publicly and privately, that the United Kingdom has a fully co-operative relationship with the ICC and an obligation to respond to all requests for assistance from the Office of the Prosecutor, and will do so.