HL Deb 10 February 1993 vol 542 cc638-40

2.55 p.m.

Lord Stoddart of Swindon asked Her Majesty's Government:

Following the Answer of Baroness Trumpington (H.L. Deb., 19th January, col. 810), whether, when the United Nations sets up an international criminal court, cases involving British service personnel accused of war crimes will be investigated and tried by that court.

The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey)

My Lords, the study by the International Law Commission of the possibility of establishing an international criminal court is at an early stage. It is impossible to speculate on what its jurisdiction may be. British service personnel accused of war crimes may be tried in civilian courts in the UK.

Lord Stoddart of Swindon

My Lords, I thank the noble Baroness for that Answer. I appreciate that discussions are at an early stage. But this matter is a cause of great concern. Will she give me an assurance that before any decisions are taken by Her Majesty's Government, the Chiefs of Staff, commissioned officers and other ranks will be consulted about the implications of any such agreement and also that Parliament will discuss the matter? Will this matter require legislation?

Baroness Chalker of Wallasey

My Lords, I am quite certain that if an international criminal court is to be set up by the UN it will be some time before it is established. That gives us the opportunity which the noble Lord mentioned to allow the very fullest discussion to take place before any war crime is referred to that court, should it be established, rather than to a civilian court in the United Kingdom, wherever the alleged offence has taken place.

Lord Stoddart of Swindon

My Lords, would this matter need legislation?

Baroness Chalker of Wallasey

My Lords, I believe it would require legislation. However, I should like to check on that. I do not believe we could proceed with an international criminal court of this kind without legislation being initiated.

Lord Harmar-Nicholls

My Lords, I believe my noble friend said an examination was being carried out as regards the possibilities of setting up this international court. Who in the international arena is sponsoring this court and taking the initiative in the matter?

Baroness Chalker of Wallasey

My Lords, the United Nations commission of experts is taking the initiative in this matter. That commission will report to the UN Secretary General. The experts are obviously considering machinery which already exists under the terms of the Geneva Conventions of 1949 for prosecuting those who commit grave breaches of the conventions. However, it will be some time before the court is established and full discussion will be undertaken before we reach any decision on this matter.

Baroness Blackstone

My Lords, will the Minister comment on allegations that the UN commission investigating war crimes in Yugoslavia has insufficient resources to carry out its job properly? Why is it that the UK Government have so far failed to submit any evidence to this commission when both the United States and France have already done so?

Baroness Chalker

My Lords, I am not aware of the UN commission of experts having any lack of expertise, time or resources to carry out its work and to make a report to the Secretary General. Nor am I aware that we have failed in any way to submit information. Certainly in respect of one aspect of the war crimes—the awful rapes that appear to have happened—Britain has been in the lead, with Dame Anne Warburton leading the mission. We have given the UN commission as much help as we can and shall continue to do so.

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