Enda Kenny (Mayo, Fine Gael)
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Question 81: To ask the Minister for Foreign Affairs if the United States will become a signatory to the charter of the International Criminal Court at any point during the period of the current US Administration; and if he will make a statement on the matter. [26894/05]

Dermot Ahern (Louth, Fianna Fail)
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The Rome Statute of the International Criminal Court entered into force on 1 July 2002 and to date has been ratified or acceded to by 99 states. An additional 44 states have signed the statute, subject to ratification.

The United States of America signed the Statute of the International Criminal Court in December 2000. However, in May 2002 the US informed the Secretary General of the United Nations that it did not intend to become party to the statute and that it accordingly had no obligations arising from its signature.

In August 2002 the US Congress adopted the American Service Members' Protection Act placing restrictions on the extent to which the United States can co-operate with the ICC. The US also has a series of bilateral non-surrender agreements with states which seek to prevent the surrender of US personnel to the Court. No EU member state is party to such an agreement. In December 2004 Congress adopted the Nethercutt amendment which authorises the loss of certain economic aid to countries which have ratified the ICC statute but have not signed a bilateral immunity agreement with the United States.

The US objects to the ICC principally on the basis that the independence of the ICC prosecutor endangers US citizens, particularly US military forces, to politically motivated prosecutions before the court. I am not aware of any change or likely change in US policy as regards the International Criminal Court.

As I have stated on previous occasions, while I recognise the concerns of the United States, I do not share them. The jurisdiction of the ICC is complementary to national jurisdictions, meaning that the court will become involved in a case only where a state with jurisdiction over a crime is unwilling or unable to carry out a genuine investigation or prosecution. The Rome Statute contains strong and carefully drafted safeguards to prevent politically motivated prosecutions.

This view is shared by our EU partners. Approaches have been made to the US on behalf of the EU, outlining the EU position on the court and urging US support for it. In addition, the EU Council conclusions on the ICC of 30 September 2002 recall the shared objective of the EU and the US of individual accountability for the most serious crimes of concern to the international community and call for a broader dialogue between the EU and US on all matters relating to the ICC.

I reiterate my hope that, in time, the International Criminal Court will come to enjoy universal support. It is in the interest of each and every state that the most heinous crimes of international concern do not go unpunished. As the United Nations Secretary General stated when the Rome Statute was adopted in July 1998, the ICC is a gift of hope to future generations and a giant step forward in the march towards universal human rights and the rule of law. The Government is committed to the effective functioning of the court and support efforts to ensure the widest possible ratification and implementation of its statute.

Bernard Allen (Cork North Central, Fine Gael)
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Question 82: To ask the Minister for Foreign Affairs if he will support a legally binding international arms trade treaty; and if he will make a statement on the matter. [26910/05]

Dermot Ahern (Louth, Fianna Fail)
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I support the principle of having legally binding international agreements on the control of arms exports, with as wide a participation as possible. This is particularly important with respect to small arms and light weapons, which are responsible for widespread death and injury. Ireland is committed to working with others to ensure that the international community deals with the illicit trafficking of such weapons effectively. In this context, Ireland actively participated in the United Nations negotiations, which concluded last June with agreement on an international instrument to regulate the marking and tracing of small arms and light weapons.

Ireland has also taken an active interest in the initiative taken by a number of non-governmental organisations concerning a proposed international arms trade treaty, ATT. Officials from this Department participated in a number of international meetings during which the proposed ATT has been discussed. During Ireland's Presidency of the EU last year we placed this issue on the agenda of the relevant working group in Brussels for initial discussion.

EU foreign ministers discussed the issue of the ATT at an informal meeting last month. Following on from those discussions, the General Affairs and External Relations Council, GAERC, at a meeting on 3 October, acknowledged the growing support throughout the world for an international treaty to establish common standards for the global trade in conventional arms. It also agreed that binding standards, consistent with the existing responsibilities of states under relevant international law, would be critical in tackling proliferation which is undesirable and irresponsible and which undermines peace, security, development, and full respect for human rights in some of the most vulnerable parts of the world. It further agreed that the United Nations was the only forum that could deliver a truly universal instrument and called for the start of a formal process at the UN at the earliest opportunity.

The Council encouraged all states, regional organisations and multilateral institutions to join the growing international consensus for action in this area. It also expressed the view that the EU should play an active role in this process, together with like-minded states and regional organisations, and that due consideration should be given to other relevant initiatives, including the 2006 review conference of the UN programme of action to prevent combat and eradicate the illicit trade in small arms and light weapons in all its aspects. The Government is fully supportive of this approach and looks forward to working with others within the framework of the UN to develop a comprehensive instrument based on universally accepted norms and standards.