Brendan Smith (Cavan-Monaghan, Fianna Fail)
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232. To ask the Minister for Foreign Affairs and Trade given the violence and murder inflicted by the Islamic State on Yazidis and Christians, his proposals to request the United Nations Security Council to refer this ongoing barbarity to the International Criminal Court; his views on whether this violence and murder classifies as genocide; and if he will make a statement on the matter. [9180/16]

Charles Flanagan (Laois, Fine Gael)
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I have repeatedly condemned the horrific violence against all civilians in Syria and Iraq and have stated that there must also be legal accountability for victims of the Syrian conflict. In 2014 we co-sponsored a resolution calling for referral of the situation in Syria to the International Criminal Court which was vetoed by Russia and China. Our support for referral of the situation in Syria to the International Criminal Court remains unchanged. I would also note that the UN Human Rights Council Commission of Inquiry has reported that the Assad regime is responsible for the majority of crimes against the Syrian people. The High Commissioner for Human Rights concluded in his March 2015 report that, subject to a determination by an independent and competent court, ISIS may have committed war crimes, crimes against humanity and genocide. We echo his call that, in order to provide accountability and justice for the victims, all crimes are investigated in line with international human rights standards, and perpetrators are brought to justice.

Determining the validity of claims of genocide by ISIS/Daesh is a matter which should be undertaken by a legally competent court. I believe that this is a matter for decision by the International Criminal Court.