§ 8.20 p.m.
§ The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Amos)rose to move, That the draft order laid before the House on 20th June be approved [First Report from the Joint Committee].
The noble Baroness said: My Lords, in moving this order I shall speak also to the draft Specialised Agencies of the United Nations (Immunities and Privileges of UNESCO) Order 2001 laid before the House on 25th June.
The International Criminal Court Bill received Royal Assent on 11th May 2001. The present draft order is one of a series of items of secondary legislation to prepare for ratification of the Rome Statute of the International Criminal Court. The Rome Statute was signed on behalf of Her Majesty's Government on 30th November 1998 and presented to Parliament as Command Paper 4555. This draft order implements Articles 4(1) and 48(2) of the statute. In addition to conferring the legal capacities of a body corporate on the court, the order provides that the judges, the prosecutor, the deputy prosecutors and the registrar shall, when engaged on or with respect to the business of the court, enjoy the like privileges and immunities as are accorded to the head of a diplomatic mission, as well as official act immunity after the expiry of their terms of office.
The International Criminal Court (ICC) will be a permanent court situated in The Hague, to try individuals for some of the most serious crimes known to mankind: genocide; crimes against humanity; war crimes and perhaps in the future the crime of aggression. There have been aspirations to the creation of such a court for the past 50 years, since the United Nations was founded in 1945 and after the Nuremberg and Tokyo military tribunals.
The ICC will have jurisdiction over individuals, not states. The court will be able to prosecute not only those who carry out crimes, but those in authority who order crimes to be committed—including Heads of State and government officials. The ICC will work as a court that is complementary to national courts. National courts will retain primary jurisdiction. The ICC will take over investigating and prosecuting a crime only when the states with jurisdiction are unable or unwilling, genuinely, to do so.
The ICC will consist of a chamber of 18 judges divided into pre-trial, trial and appeals division, an independent prosecutor and a registry. The ICC statute contains detailed provisions safeguarding due process and fair trial in accordance with the highest international standards. The ICC may sentence individuals to terms of imprisonment of up to 30 years or, where justified by the extreme gravity of the crime and the individual circumstances of the convicted person, life imprisonment. Fines and forfeiture of proceeds from the crimes in question may also be ordered.
1249 Funding will be through contributions from states parties to the court and it will receive some funding from the United Nations (in particular where the UN Security Council has referred a situation).
I am satisfied that the order is compatible with the rights contained in the European Convention on Human Rights. This order is one small part of a legal jigsaw, important but I believe non-controversial. I trust that your Lordships will approve it.
I now turn to the second order. The United Kingdom rejoined the United Nations Educational, Scientific and Cultural Organisation (UNESCO) on 1st July 1997. The present order is required to restore to UNESCO the immunities and privileges provided for by the 1947 Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations (Cmnd. 855).
Before the United Kingdom withdrew from UNESCO on 31st December 1985, the relevant immunities and privileges were conferred under the Specialised Agencies of the United Nations (Immunities and Privileges) Order 1974 (S.I. 1974 No. 1260). The 1974 order is still in force but, as a result of UK withdrawal from UNESCO, automatically lapsed in respect of that organisation. The new order makes provision for the 1974 order to apply once again to UNESCO in accordance with its terms.
I am satisfied that the order is compatible with the rights contained in the European Convention on Human Rights. I beg to move.
§ Moved, That the draft order laid before the House on 20th June be approved [First Report from the Joint Committee].—(Baroness Amos.)
§ Baroness Miller of HendonMy Lords, on this side of the House we support both orders.
§ Lord GoodhartMy Lords, we also support these orders. We have always strongly supported the creation of the International Criminal Court and we also welcome the now changed circumstances of UNESCO, and that the United Kingdom has returned to take its seat there.
I should like to make one brief point on the International Criminal Court. It is my understanding that the rules of the International Criminal Court are to be prepared by a working group which is composed of representatives of the first 30 states to ratify the statute. We have now missed that target—I believe 36 have already ratified. I regret therefore that it was not possible to speed up the ratification to ensure that we got into the first 30. Having said that, we are entirely happy to support the two orders.
§ Baroness AmosMy Lords, I thank noble Lords for their support. I can confirm that 36 states have now ratified.
On Question, Motion agreed to.