HC Deb 23 June 1998 vol 314 cc441-2W
Mr. Dalyell

To ask the Secretary of State for the Home Department what representations he has received from Professor Paul Wilkinson of the University of St. Andrews on the suitability of the proposed International Criminal Court for hearing cases involving the aut dedere aut judicare principle. [41122]

Mr. Michael

None. Representations have been received recently from Professor Wilkinson proposing that the International Criminal Court should have jurisdiction in relation to terrorist crimes. The United Kingdom Government's position is that the Court should not have such jurisdiction. The policy was revisited in the light of Professor Wilkinson's comments but confirmed.

There are several reasons for the view that the Court should not be able to deal with terrorism. Paramount among them is the need to protect confidential sources, which would be compromised if an international body were to investigate and prosecute terrorist incidents. In practical terms it would be very difficult for the Court to act in terrorist cases, countries naturally having a predilection not to volunteer sensitive national security information.

In any event, the jurisdiction of the International Criminal Court in this area is unnecessary given the range of terrorist conventions in place, including the recently concluded United Nations Terrorist Bombing Convention. These require their parties to co-operate against terrorism and, in some cases, to take extraterritorial jurisdiction over terrorist crimes. Indeed, the involvement of the Court could even undermine or set back progress in combating terrorism, on which there is increasingly effective international co-operation.