Written answers

Thursday, 4 March 2021

Department of Foreign Affairs and Trade

Human Rights

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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113. To ask the Minister for Foreign Affairs and Trade if the international community can devise a means by which atrocities punishable by law can be referred quickly to the international courts with a view to bringing about a cessation of such violence; and if he will make a statement on the matter. [12456/21]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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116. To ask the Minister for Foreign Affairs and Trade if preparations will be made to refer the perpetrators of the various conflicts and abuses of human rights which appear to be going unchallenged by the international community to the International Criminal Court; the number of locations and perpetrators globally who fall into such a category; and if he will make a statement on the matter. [12459/21]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 113 and 116 together.

The International Criminal Court was established as the first permanent international court to end impunity for the perpetrators of international crimes. The Court was established in 2002 with the entry into force of the Rome Statute. By its very existence, the Court promotes and upholds not only the rule of law but also provides a means to bring to account the perpetrators of the most serious crimes of concern to the international community. In this way it contributes in a most fundamental way to the cause of international peace and justice.

While the ICC is central to the overall framework for international criminal justice, it is 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.

Referrals to the International Criminal Court may only be made with respect to crimes under the jurisdiction of the Court namely: the crime of aggression, genocide, crimes against humanity and war crimes. The Court’s jurisdiction is limited to the territory or nationals of States Parties to the Rome Statute or States that have accepted the Court’s jurisdiction on an ad hoc basis and situations referred to it by the Security Council of the United Nations. This jurisdiction must be triggered in one of three ways: a situation may be referred to the Court by a State Party to the Rome Statute; a situation may be referred to the Court by the United Nations Security Council; or the Prosecutor may initiate a propio motuinvestigation into crimes within the jurisdiction of the Court (an investigation on the Prosecutor’s own initiative). Referrals by the United Nations Security Council are pursuant to Chapter VII of the Charter of the United Nations, and must receive nine affirmative votes at the Council without one of the five permanent Council Members (P5) vetoing the referral.

The Office of the Prosecutor is currently engaged in 13 investigations and 14 preliminary examinations across 25 countries in Europe, Asia, Africa and Latin America. As a result of the Prosecutor’s investigations, there are currently 20 cases against 25 individuals active before the International Criminal Court.

Ireland, together with its EU partners has been, and continues to be, a consistent and strong supporter of the International Criminal Court. Furthermore, ensuring accountability is one of the key principles underpinning our engagement on the United Nations Security Council. We will support and defend the Court throughout our two-year term on the Council, which started on 1 January 2021.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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114. To ask the Minister for Foreign Affairs and Trade the degree to which the attention of the international community has been drawn to the atrocities taking place in Yemen; the actions taken or pending to bring the perpetrators to justice; and if he will make a statement on the matter. [12457/21]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Yemen is the world's worst humanitarian crisis. Over six years of conflict have left over 24 million in need of humanitarian assistance.

Ireland is deeply concerned at the ongoing conduct of this conflict. I spoke this morning with the UN Special Envoy for Yemen, Martin Griffiths, about the situation. There have been numerous reports of acts which are contrary to international law, including damage and destruction to civilian infrastructure, targeting of journalists, mistreatment of prisoners, the recruitment of child soldiers, and conflict-related sexual violence.

International humanitarian law is clear; parties to a conflict are obliged to do everything possible to protect civilians. Ireland has consistently called on all parties to the conflict to respect international humanitarian law and international human rights law.

At the UN Human Rights Council in 2017, Ireland was part of a core group of countries that drove forward the adoption of a Resolution establishing a UN Group of Eminent Experts (GEE) to carry out investigations into alleged violations of human rights and international humanitarian law by all parties to the conflict in Yemen. The most recent report of the GEE highlights a consistent record of violations of IHL and human rights law.

On 25 February 2021, Ireland supported Resolution 2564 at the UN Security Council which reaffirmed the need to ensure accountability for violations of international humanitarian law and violations and abuses of human rights in Yemen.

Ireland supports all efforts towards a sustained end to the conflict in Yemen. We call on all parties to the conflict to enact an immediate cessation of hostilities, and engage seriously in the UN led political process.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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115. To ask the Minister for Foreign Affairs and Trade the extent to which the international community can take action to bring about a cessation of atrocities in Ethiopia and Sudan; if the perpetrators will be referred to the International Criminal Court such as happened in Liberia; and if he will make a statement on the matter. [12458/21]

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael)
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The ongoing armed conflict between the Federal Government of Ethiopia and the former regional authorities in Tigray, which began on 4 November, remains a major concern for Ireland. The conflict has had a devastating impact on the population of Tigray, and poses severe risks to the stability of the wider Horn of Africa region.

Since the outbreak of hostilities in Tigray, there have been allegations of war crimes and of crimes against humanity. Ireland strongly support calls by the UN High Commissioner for Human Rights for independent, impartial, thorough and transparent investigations into these allegations, to ensure accountability and, where appropriate, justice.

On 26th February, Amnesty International reported that hundreds of unarmed civilians were massacred in Axum last November and that these crimes were perpetrated mainly by Eritrean troops. Ireland supports the EU’s call for the withdrawal of Eritrean troops from Ethiopia, whose presence remains a barrier to humanitarian access and is linked to these and other alleged atrocities.

Ireland raised the Tigray situation at the UN Security Council on 3 February and again today, 4 March, expressing deep concern at the humanitarian situation in Tigray and calling for unhindered humanitarian access. Ireland also called on all parties in Tigray to comply with their obligations under international humanitarian law and human rights law including those related to the protection of civilians and prevention of sexual and gender-based violence.

Ireland will continue to advocate for an urgent response to the humanitarian situation, and for a peaceful resolution to the conflict through bilateral engagement, our EU membership and also at the UN Security Council, where we remain actively engaged with other Council members on further ways to address the crisis. Minister Coveney continues to raise these issues with key interlocuters, including with his counterparts in the region. He has condemned reported atrocities and identity-based attacks, and has called for the human rights of all Ethiopians to be upheld.

My Department, through Irish Aid, has provided over €2.6 million to date to support the humanitarian response to the Tigray crisis. This includes €1.4 million to Irish NGOs within Tigray, €500,000 to the UN refugee agency to support the refugee response in neighbouring Sudan, and almost €750,000 towards humanitarian stocks, and supports for the protection of women and girls.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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117. To ask the Minister for Foreign Affairs and Trade the top twenty most serious locations globally in which conflict and crimes against humanity are most prevalent; the extent of efforts to bring the perpetrators to justice through the EU or UN; and if he will make a statement on the matter. [12460/21]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Conflict regrettably continues to be prevalent throughout the world, in spite of the call made by the UN Secretary-General to all warring parties to pull back from hostilities during the current pandemic. It is the most significant driver of humanitarian crises. The number and complexity of these crises globally has increased in recent years, as evidenced by a UN estimate that a record 239 million people are in need of urgent humanitarian assistance and protection. Each conflict is unique in its character, scale and complexity, and as such cannot be ranked by any single set of criteria of severity.

Ireland is a strong contributor to global efforts to avoid and resolve conflict, prevent genocide, and eliminate the abuse of women and children and all vulnerable groups. Central to this is our strong and enduring commitment to effective multilateralism, particularly through our membership of the European Union and the United Nations.

The EU, through implementation of its Common Foreign and Security Policy (CFSP), works globally to support the preservation of peace, the prevention of conflicts and the strengthening of international security. Ireland is an active participant in and contributor to CFSP implementation and in supporting EU and UN efforts to address the root causes of conflict.

Ireland has a long tradition of contributing to UN and EU peace-support missions, including in some of the world’s most complex and intractable conflicts. Ireland has maintained a continuous presence in UN peace support operations since 1958, and has more than 570 personnel in United Nations mandated missions overseas. The Government is committed to participation in peacekeeping operations as a tangible contribution to the development of global peace and security.

Accountability, including for crimes against humanity, is important not only as a means of pursuing justice for victims, but also as a crucial component to create stability and peace in post-conflict situations. A strong international criminal justice system is central to fighting impunity. While states bear the primary responsibility to investigate the most serious international crimes, Ireland regards the International Criminal Court as the cornerstone of such a system. Ireland, together with its EU partners is a consistent and strong supporter of the Court. We will also support and defend the Court throughout our term on the United Nations Security Council, where ensuring accountability is one of the key principles underpinning our engagement.

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