Written question asked by Tony Worthington (Labour) on Thursday, 1 May 2003, in the House of Commons. It was due for an answer on Monday, 12 May 2003. It was answered by Bill Rammell (Labour) on Monday, 12 May 2003 on behalf of the Foreign and Commonwealth Office.

Foreign and Commonwealth Office

Question: To ask the Secretary of State for Foreign and Commonwealth Affairs, if he will urge that alleged Iraqi war criminals should be tried in the International Criminal Court; and if he will make a statement on his policy relating to offences committed by the previous Iraqi regime.

Answer: Tony Worthington: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will urge that alleged Iraqi war criminals should be tried in the International Criminal Court; and if he will make a statement on his policy relating to offences committed by the previous Iraqi regime. [111807] Mr. Rammell: The International Criminal Court has no jurisdiction prior to 1 July 2002, the date when the Rome Statute came into force. As Iraq is not a Party to the Statute, a Security Council Resolution referring a situation to the Court, or a declaration by a new Iraqi governing authority accepting the jurisdiction of the Court in relation to an alleged crime, would be required for the ICC to consider any situation arising since that date. We shall need to consult the Iraqis as to their wishes in relation to crimes committed against them by the previous Iraqi regime. There are strong arguments in favour of an Iraqi-led process. But international assistance is likely to be required. The present state of the Iraqi judicial system needs to be assessed. We are working closely with coalition partners on this.

Secondary information

Type: Written question
Reference: 111807; 405 c81-2W;405 c81W
Session: 2002-03
Subjects: Armed conflict Crimes against humanity Iraq International Criminal Court Trials War crimes Iraq conflict
Link: View this Written question on www.publications.parliament.uk