Dáil debates

Tuesday, 9 May 2006

International Criminal Court Bill 2003: Report Stage.

 

5:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)

The issue is one's approach. In accepting the disciplines of the ICC, we are either moving beyond our own Constitution or we are not. We are using our constitutional capacity to accept the court while other jurisdictions do not accept it. States have been negotiating with third countries and trying to bring pressure to bear on them not to recognise the ICC. Given such a campaign and given that states may have the capacity to construct impunity, one is faced with a straight challenge. A state will either realise the lesser and contradictory project of recognising these countries' granting of impunity or it will put itself four-square behind the greater authority it has granted to the court. Those that favour strengthened international jurisprudence and the court are asking that we should accept the court's project of removing impunity from serious crimes and not lessen that commitment by recognising any contradictions or evasions of its remit. The Minister of State referred to the Attorney General's opinion which, as Deputy Howlin said, is very conservative or narrow and is much less than the legislative response required from our own commitment to the court.

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