Cian O'Callaghan (Dublin Bay North, Social Democrats)
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135. To ask the Minister for Foreign Affairs and Trade if he has discussed with the Biden administration the need for the United States of America to sign up to and come under the jurisdiction of the International Criminal Court; if not, if he will give consideration to same; and if he will make a statement on the matter. [4918/21]

Simon Coveney (Cork South Central, Fine Gael)
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Ireland is a State Party to the Rome Statue and a strong supporter of the International Criminal Court in its capacity as an independent and impartial institution with a key role in the fight against impunity. We believe that, as a court of last resort, the ICC does not substitute for national judicial systems – States bear the primary responsibility to investigate the most serious international crimes.

Ireland fully supports efforts towards the universality of the Rome Statue and we constantly seek opportunities to promote this. We, however, also respect the decision of any State not to become a State Party, including the United States. Non-States Parties can nonetheless support the fight against impunity and the role of the Court, as has been done under previous US administrations.

I have not yet discussed the International Criminal Court with the Biden Administration. Ireland remains concerned by measures taken last year by the previous US administration against the ICC and a number of its officials. We have articulated those concerns on various occasions, including in a national statement delivered last November during the annual UN General Debate on the ICC and also as part of our recommendations in the context of the UN Human Rights Council’s Universal Periodic Review of the US in the same month.

However, there are many examples of good cooperation between the US and the ICC, such as US assistance in arresting individuals indicted by the Court. Ireland and our EU partners look forward to discussing with the United States how we can enhance cooperation going forward, and also resolve the issues at hand. Indeed, steps have already been taken in that regard at the level of officials. I welcome the Biden Administration’s goal of re-engaging with multilateralism, and we look forward to working with them on all multilateral issues.