Written answers
Tuesday, 14 June 2022
Department of Justice and Equality
Legislative Measures
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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1324. To ask the Tánaiste and Minister for Justice and Equality if the war crime of aggression is a crime in Ireland; and if she will make a statement on the matter. [29990/22]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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1325. To ask the Tánaiste and Minister for Justice and Equality if consideration will be given to extending section 7 of the International Criminal Court Act 2006 or otherwise legislating to criminalise the crime of aggression contrary to international law using universal jurisdiction.; and if she will make a statement on the matter. [29994/22]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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1326. To ask the Tánaiste and Minister for Justice and Equality if legislation will be introduced to give explicit effect to the Kampala Amendments to the Statute of the International Criminal Court on the crime of aggression. [29995/22]
Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 1324 to 1326, inclusive, together.
While neither Ukraine nor the Russian Federation are parties to the Rome Statute of the International Criminal Court, Ukraine has accepted the jurisdiction of the ICC over alleged crimes, including genocide, war crimes and crimes against humanity, that have taken place on its territory. Ireland, as part of a coordinated group of State Parties, submitted a joint referral to the Office of the ICC Prosecutor on 1 March 2022 and the ICC Prosecutor has initiated an investigation. The Prosecutor has established a dedicated portal through which relevant information may be submitted. Ireland will fully cooperate with this investigation pursuant to the International Criminal Court Act 2006.
Under the terms of the Kampala Amendments to the Rome Statute, the International Criminal Court’s jurisdiction in Ukraine does not extend to the crime of aggression. Work is ongoing at an international level to consider how to address this limitation and to ensure accountability for such crimes. Ireland is actively following developments in this regard. Should domestic legislation be required as a result of this work it will be considered as a priority. Separately, work is continuing between the Department of Foreign Affairs, the Department of Justice and the Office of the Attorney General to fully implement the Kampala Amendments in domestic law.
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