Oireachtas Joint and Select Committees

Tuesday, 17 December 2013

Joint Oireachtas Committee on Foreign Affairs and Trade

Role and Functions: Discussion with International Criminal Court

10:50 am

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I welcome Mrs. Bensouda to the meeting. I had intended to ask her about the view in many African states to the effect that the court is biased against that continent and about what the court was doing to try to reassure African states.

I note that the international criminal court is looking at situations in other countries, such as Afghanistan, Georgia, Colombia. How does the court select the cases and what resources are at its disposal?

There would be criticism from NGOs and others that the court is not doing enough in that regard. I suppose that is always the case. They criticise the length of time to take a case. Is that down to the lack of resources? Critics state that many of the tyrants committing crimes against humanity would see the court as a paper tiger that is not really effective against them. What can we do to change that?

Mrs. Fatou Bensouda made reference to where the court has jurisdiction. In what parts of the world would the court not have jurisdiction? For instance, there were visitors before the committee speaking of the situation in China with reference to the use of harvesting of the organs of individuals, etc. Would that be seen as of interest to the court? Would the court have to wait for a Government or someone to complain in that regard? Does a matter being too political to take a case present a difficulty? What pressure does Mrs. Fatou Bensouda come under or is the pressure applied before the matter comes to the prosecutor's office?

On the situation in Gaza, recently there was Operation Cast Lead about which there are allegations of targeting civilians and the use of white phosphorous and cluster munitions. It is not down on the list in that regard, but critics would ask what that is down to.

There is compelling evidence that the Sri Lankan Government committed war crimes in areas with a Tamal majority. There is evidence that civilians were told to go into a particular area and given the coordinates, and then those areas were deliberately bombed. Does the ICC have any plans to open up cases against the Sri Lankan Government in relation to these suspected war crimes?

I am sorry there are so many questions. I have questions on other areas as well but I accept there are only 45 minutes. I thank Mrs. Fatou Bensouda.