Ireland yesterday gave its unconditional support to the creation of a permanent international court to try those accused of crimes against humanity. On the third day of the United Nations conference on the establishment of an International Criminal Court, Minister of State at the Department of Justice, Equality and Law Reform, Ms Mary Wallace, told delegates from 136 countries they had a historic opportunity to strike a blow against barbarism.
"That the world needs a permanent international criminal court is sadly not in doubt. Human beings are capable of the most terrible crimes," Ms Wallace said. "The court would serve to highlight that human beings do have fundamental duties and responsibilities towards other human beings. They cannot commit atrocities, such as genocide and mass rapes, on other fellow human beings and walk away without fear of punishment."
She was convinced that the political will existed for a successful outcome. Ireland advocates giving the court jurisdiction over the crime of aggression and the court's prosecutor the power to act on information from sources other than member states or the Security Council, she said.
Mr Bill Richardson, US ambassador to the UN, said the US opposed the prosecutor having the right to initiate investigations and seek indictments against anyone in any place. "This court cannot and should not address every crime that goes unpunished, no matter how horrific or atrocious it may be," he said. Cases should be referred to the court only by states and by the UN Security Council, he said. "We are not here to create a court that exists to sit in judgment on national systems, to second-guess each action and intervene if it disagrees. We are here to create a court that focuses on recognised atrocities of significant magnitude, and thus enjoys near universal support," he said.
Ms Wallace said: "The Irish people would want to see the court in place and capable of dealing with the crimes we saw in former Yugoslavia and Rwanda."