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Proceeding contribution from Geoffrey Clifton-Brown (Conservative) in the House of Commons on Wednesday, 13 June 2007. It occurred during Debate on bill and Committee of the Whole House (HC) on International Tribunals (Sierra Leone) Bill [Lords].


International Tribunals (Sierra Leone) Bill [Lords]

My hon. Friend makes an interesting point. The Minister will correct me if I am wrong, but I think that 104 countries ratified the ICC legislation in 2002. Therefore, as I understand it, any one of those 104 countries could be called on to carry out the prison enforcement agreements. As my hon. Friend the Member for Banbury—who is a lawyer—will have picked up, the problem in this case is that the court is a special, hybrid one, so it is not covered by the ICC Act. Had it been covered by that Act, we would not be here today, as we would not need to pass an amending Act. The Minister will confirm that only two hybrid Special Courts are in existence—that for Cambodia, and that for Sierra Leone. Perhaps he will also confirm that the UK has no intention whatever of taking any prisoners from the Cambodian special court, as that would require another amending Act. Other than in the case of those two special courts, this type of amending legislation should not be needed in the future, unless something unforeseen arises. My hon. Friend the Member for Banbury is right that a greater understanding is perhaps necessary among those 104 countries that any one of them could be asked to carry out not only the imprisonment obligations, but even the trial obligations. Although I agree with the Minister that it is desirable on the whole for the trial to take place in the country in which the atrocities have been committed, an adjoining or third country might be required to carry out a trial in certain circumstances. In this case, the facilities of the International Court of Justice in The Hague were deemed by the United Nations and others to be ideal for the trial.


Secondary information

Type
Proceeding contribution
Reference
461 c790-1 
Session
2006-07
Chamber / Committee
House of Commons chamber
Subjects
Administration of justice International Criminal Court International law International courts Prisoners Sentencing Trials Sierra Leone Taylor, Charles
Legislation
International Tribunals (Sierra Leone) Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk