Joe Higgins (Dublin West, Socialist Party)
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Question 363: To ask the Minister for Foreign Affairs the progress, which has been made in bringing to justice the person responsible for the murder of two Irish soldiers (details supplied). [22639/05]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware that the Government has, over many years, sought to ensure that justice was attained in this most tragic of cases. Moreover, the legal issues involved have been reviewed on a number of occasions with a view to determining whether persons alleged to have committed these crimes could be brought to justice.

There are, as has been stated before in the House, considerable legal obstacles in the way of bringing a prosecution in this case. For example, the question of seeking the extradition to the State for trial here of the alleged perpetrators of these crimes does not arise because the Irish courts do not have jurisdiction to try persons for acts such as these committed by non-nationals outside the State. An extradition request would therefore have to be made by the state in which the crime was committed, namely Lebanon, with a view to a criminal prosecution there. In addition, the Convention on the Safety of United Nations and Associated Personnel, which was inspired by the need to improve the level of protection of personnel serving on UN missions and to ensure the punishment of individuals who do not respect the mandate of UN peacekeepers, entered into force on 15 January 1999 and does not apply retrospectively.

However, my Department and the Department of Defence have been, and remain, in consultation with the authorities of the jurisdiction in which the principal suspect is currently residing, the United States, and with those of Lebanon, where the killings occurred, to ensure that every potential avenue for action is fully explored. The Deputy will understand that, given the sensitive nature of such contacts and the potential for undermining any future legal course of action, it is not possible to disclose the details of such contacts. However, I can assure the Deputy that the Government continues to explore with the relevant authorities the possibilities open to it to seek justice in this case.