§ Vera BairdTo ask the Secretary of State for Foreign and Commonwealth Affairs what steps he is taking on behalf of the UK to ensure that when the International Criminal Court begins to function it will do so with(a) an independent prosecutor, (b) financial independence and (c) without risk of political interference from the UN Security Council. [31765]
§ Mr. MacShaneThe arrangements for the election of an independent Prosecutor for the International Criminal Court, for the funding of the Court and the Court's relationship with the UN Security Council are set out in the Rome Statute of the ICC. The United Kingdom took a significant part in the drafting of that statute and was among the 139 states subsequently to sign it. The UK ratified the Rome Statute on 4 October 2001.
The Prosecutor will be elected by secret ballot of the Assembly of States Parties. In addition, Article 53 provides that the Prosecutor is independent with respect to the initiation and conduct of investigations and prosecutions, subject to review, in limited circumstances, by the Pre-Trial Chamber.
The budget of the Court will be provided through Assessed Contributions levied from states which have ratified the Rome Statute. The precise United Kingdom share will not be determined until the Court comes into existence.
§ Vera BairdTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will ensure that the International Criminal Court, once functional, has retrospective jurisdiction over defendants involved in unlawful international events. [31766]
§ Mr. MacShaneArticle 11 of the Rome Statute of the ICC deals with the temporal jurisdiction of the Court. The Court will have no jurisdiction in respect of crimes committed before the entry into force of the Statute.
§ Vera BairdTo ask the Secretary of State for Foreign and Commonwealth Affairs (1) what involvement the United Kingdom has in the practical preparations for the staffing of the International Criminal Court; and what steps have been taken to ensure that it is adequately and expertly staffed; [31756]
(2) what role the UK is taking in the Preparatory Commission for the International Criminal Court. [31758]
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§ Mr. MacShaneThe United Kingdom has been an active participant in the eight (to date) Preparatory Commissions (Prepcoms) for the ICC. The election of Judges and senior Officers of the Court will be a matter for the Assembly of States Parties, which will meet once 60 states have ratified or acceded to the Rome Statute of the Court. 49 states, including the UK, have done so to date. The staffing of the Court has been discussed at the Prepcoms in the context of the Court's budgetary requirements. Work is continuing on this. The appointment of suitably qualified and expert staff will ultimately be the responsibility of the Registrar of the ICC.
§ Vera BairdTo ask the Secretary of State for Foreign and Commonwealth Affairs (1) what steps he is taking to encourage states which have not yet ratified the Statute establishing the International Criminal Court to do so; [31764]
(2) what assistance he is giving to the UN Secretary General in his aim stated at the Preparatory Conference for the International Criminal Court on 27 September 2001 that the International Criminal Court should be functioning within a year; [31759]
(3) what additional steps he will take to hasten the transition of the International Criminal Court into a working court. [31757]
§ Mr. MacShaneThe United Kingdom will continue to urge other states, in our bilateral contacts and in partnership with other EU and associated states (in pursuance of the EU Common Position on the ICC) to ratify the Rome Statute. 49 states have ratified to date, the 60th ratification will cause the Court to come into existence. The United Kingdom will liaise with the Officers of the Court, when they are appointed, to determine what practical assistance we may offer in facilitating the smooth commencement of the Court's activities.
§ Vera BairdTo ask the Secretary of State for Foreign and Commonwealth Affairs whether he is making representations to the USA in respect of its ratification of the Statute of the International Criminal Court. [31822]
§ Mr. MacShaneOfficials are in regular contact with the US Administration in respect of this issue. We have also joined with EU partners in a written demarche to Secretary of State Powell on 30 October and a verbal demarche on 20 December 2001, both in support of the EU Common Position on the ICC of June 2001.