Tony Kett (Fianna Fail)

I welcome the Minister of State to the House. I also welcome the ratification of the International Criminal Court and its responsibilities as outlined by the Minister of State. The enactment of this legislation will ensure that Ireland can now comply with its obligations under the Rome statue to which we have signed up. We will now be able to co-operate with the International Criminal Court in ensuring that those responsible for atrocities will be held responsible. This a landmark development and should probably have taken place many years ago. It has become more possible as a result of the development and enlargement of the European Union and through greater co-operation between the nations of the world.

At times we have all watched in horror as events unfold on our television screens. Senators Cummins and Jim Walsh mentioned some of those events in Rwanda, Yugoslavia, Bosnia and more recently in Iraq. We can only hope that lessons have been learned by the leaders who replaced the former leaders in these countries and that they will see that as a result of this type of legislation, they can no longer operate in the manner of their predecessors. Legislation and statutes such as this will ensure that such actions will not be accepted by civilised society.

The Irish people should be commended for endorsing these proposals in 2001. The horrible torture of prisoners in recent times, particularly associated with Iraq, has brought the issue of impunity for war crimes into sharp focus. The disappointing element with regard to the legislation is that we cannot go after these criminals retrospectively. I wonder whether there is a way that we can work within the laws existing at the time to chase them down. The number of countries signing up to these proposals makes the will of the majority of the international community clear. All nations must now ensure that there are no exceptions or exemptions from this type of prosecution. Regardless of position or rank, if people fall foul of the system, it must meet them head on. It is imperative that no one should be deemed to be immune from the rigours of this type of legislation. If the International Criminal Court is to be taken seriously, to be effective and to operate as a legitimate instrument for good, it has to be seen to be applicable across the board. In the past, people in authority, including Heads of State and government officials, have ordered their minions, for the want of a better word, to commit atrocities on their behalf. However, they were happy to hide behind these "lesser mortals" when the time came to pay the price for their actions. I hope the formation of the court will ensure there is no hiding place for such individuals.

When one considers that a statute of this nature was first suggested in 1948, following the terrible atrocities of the Second World War, it is hard to believe that Ireland and other countries have not implemented it before now. The designation of crimes of genocide, crimes against humanity and war crimes followed the terrible events of the Holocaust. We did not have to wait until the 1940s to bear witness to atrocities of that nature. Such crimes were also committed during the First World War and during various instances of colonisation in the 19th century. We can find examples of such activities closer to home, for example during the plantation, when people were removed from their homes to facilitate planters. I do not doubt that atrocities about which we are not fully aware were probably committed during that time.

It is somewhat disappointing that the United States of America has chosen not to sign up to this agreement, which is something to which other Senators have alluded. The US is a superpower, as we know, but it can sometimes be deemed to be a superbully. I speak as someone who supports the US and feels that the world is a safer place for its efforts, despite some of its behaviour in certain regions. I hate to think of the unsavoury outcomes in some countries throughout the world if the US had not been of assistance. The US has the might and it has the mien, but it also carries a major responsibility. That is something it has not lived up to in recent times as it did in the past.

There is an overriding need to ensure that the International Criminal Court upholds the highest standards of justice and fairness. If we address today's atrocities, we will deter tomorrow's killers. The court faces a considerable challenge from the United States, as I have said, because that country has refused to ratify the treaty creating the court. I assume the US believes its domestic legislation is sufficient to deal with its needs. It is refusing to subject its citizens to this international standard. Perhaps it sees it as a European standard rather than as an international standard.

The US also seems to have decided that the court is an instrument of unchecked powers. My reading of the matter is that such a claim is totally untrue. The US frequently lambastes other countries for human rights violations. It smacks of double standards that while the US has often supported war crimes prosecutions against the leaders of other countries — the prosecution of Saddam Hussein is a prime example — it is now seeking immunity for its own leaders.

The International Criminal Court is accountable to an assembly of member states. The assembly chooses its own prosecutors and judges. Ireland is happy that one of its own judges, of whom we are extremely proud, is now working with the court. It is not surprising that the court consists mainly of democratic states which are deeply committed to the values under which the court was founded. Similarly, it is not surprising that the countries which have not signed up to the treaty under which the court was established are, by and large, among the worst violators of human rights in the world. It is a poor show that the Bush Administration has suggested that the US will withhold military aid from countries which have joined the court but have not signed an agreement with the US stating that they will not extradite US citizens to the jurisdiction of the court. That very punitive policy is aimed at countries which are trying to protect the human rights of their citizens. It shows the US in quite a poor light. I have heard it stated that the US will veto any extension of that country's peacekeeping mission to other areas unless the US armed forces receive guarantees of immunity.

The introduction of this Bill is a good move on the part of the Government. I wish the Minister well with this legislation, which will be very effective.