Clause 1 - The ICC and the ICC Statute
International Criminal Court Bill [Lords]
4:15 pm
Mrs Cheryl Gillan (Chesham and Amersham, Conservative)
I look forward to reading the Hansard report of the hon. Lady's speech. Like my hon. and learned Friend the Member for Harborough, I think that the acoustics in the Room debilitate the voices of Members at the back of it. I apologise if I do not pick up on any of the hon. Lady's points, even though they were directed to the Minister. I hope that she forgives my impoliteness.
The Government invited submissions, and I want to use the amendments as a vehicle to explore one made to them by the Board of Deputies of British Jews. I am grateful to Mr. Simon Plosker of the board, to whom I have spoken. The board responded to the consultation. Perhaps I have missed something, or perhaps the document given to me by the Library is imperfect, but it appears to have been omitted from annex A, which lists individuals and organisations that contributed comments on the draft ICC Bill. There may be an easy explanation—perhaps the board's comments were made too late—but I would like clarification of the reason why the board's response was missed. I cannot find reference to what it said either. The Minister will obviously receive inspiration from others.
I propose not a personal view but the view of the board, and I hope to scrutinise the thinking of the Minister on this part of the Bill. Israel has signed up to the statute and no doubt approves the principle behind it, as does everyone else. Even though the country had a different Government during the Rome negotiations, the current violence means that there is even more worry about the use of the ICC as a weapon against Israel. I want to use the amendments to explore the possible politicisation of the ICC.
The board was established in 1760, so it has an authoritative voice in the representation of the Jewish community in Britain. Its views need to be taken into consideration. I know that it has good links with the Foreign and Commonwealth Office. The board seeks the well-being of Jews throughout the world, and it has an international division to work on that aim, as I am sure that the Minister is aware.
When my hon. and learned Friend the Member for Harborough moved the amendment, he said that the statute no doubt had its origins and foundations in the Nuremburg trials, which brought the Nazi war criminals to justice for their part in the genocide of more than 6 million Jews in Europe. The board has highlighted some fears about the nature of the ICC. Its concerns are our concerns, so I look to the Minister to allay them and speak the mind of the Government.
The board's chief concern is the possible politicisation of the ICC. That goes back to the Rome conference, when Egypt and Syria moved to include certain words in the statute. I am sure that the Minister is familiar with them. I refer to the words:
``The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory''.
Under the jurisdiction of the ICC, such an act would become a war crime. No country was mentioned by name when that was proposed, but there was great feeling about it. I am sure that the Minister will be able to tell us, from the reports of our negotiators at the time, that that was a thinly veiled attack on the sovereignty of the state of Israel and an attempt to give the ICC jurisdiction over the then Israeli Government's settlement policy. It is only fair to that that must have been one of the prime motivators that caused Israel not to follow where others had led; it must have felt that a concerted attack was being made on its actions, whether justified or not. I do not seek to justify or criticise, but I believe that if any country should have signed or subscribed to the statute, it should have been Israel, especially in view of the history of the Jewish people, most recently during the past century in Europe.
If the ICC becomes politicised, its very legitimacy will be called into question. If we are to have a court that people will look to; if we are to have a court that will attract legitimacy and command respect from all parts of the world, whether civilised or not; if we are to create something that will eventually serve the entire world, it must be seen to be a non-political body and not prone to politicisation. I am sure that there is no difference between the Government and the Opposition on that.