Clause 2 - Request for arrest and surrender
International Criminal Court Bill [Lords]
11:00 am
Mrs Cheryl Gillan (Chesham and Amersham, Conservative)
I am grateful to my hon. Friend. He speaks with great experience. I did not pursue the issue in deploying my argument, but my hon. Friend's remarks go a long way towards contributing to it.
It is for the Minister to tell us how the processes we are discussing will be affected and whether they will be removed from the bag of tools that is available to a democratically elected Government when facing the past and the crimes of their citizens.
Many conflicts are going on and many views are taken of them. We need only consider the conflict between Russia and Chechnya. There seems to be a broad acceptance of the objectives of the Russian operation: when we talk about Russia and its territorial integrity, we seem to accept what the Russians are doing in Chechnya and that they are fighting terrorism. Severe reservations have, however, been expressed about the actions of President Putin and the Russian army in Chechnya. We constantly see the Chechens' reactions—most recently in the hostage situation that was, thankfully, resolved without the loss of life. It is therefore important to consider what our reaction will be in the future to solutions to such conflicts.
We should also consider the European Union, given that we are members of it. On 17 December 1999, the EU and the United States made a summit statement. Page 21 of the Library brief on the Chechnya conflict takes an extract from that statement. It stated:
``We recognize Russia's right to uphold its territorial integrity and to defend its citizens from terrorism and lawlessness, and we condemn terrorism in all its manifestations. But we believe that Russia's military tactics in Chechnya are undermining its objectives, creating a humanitarian crisis, endangering innocent civilians, and jeopardizing stability throughout the Caucasus region. A military solution to the conflict is not possible. We call for an immediate and lasting cease-fire throughout Chechnya and a political dialogue that can lead to a durable solution to the crisis.''
A ``political dialogue'' and a ``durable solution to the crisis'' are the two elements of that quotation to which I want to draw the Minister's attention. It may be that the political dialogue and the durable solution could involve a truth and reconciliation process. It could also involve an amnesty. If Chechnya and Russia—unlikely, but possible—ratify the treaty and join it, what will happen to them?
If there is no room for that process, is that not a disincentive to those countries to sign up to the statute? I would abhor that, because I should like everybody to sign up to the statute. We should think about how those that are not signatories and will not ratify can be encouraged to come on board. However, if we tell those countries that they cannot find their own solution, surely we will drive them from, rather than pull them towards, the very institution that we hope will be there for the next 100 or 200 years to deter the disgusting, revolting, inhumane acts that we have to consider in the context of the ICC. I hope that the Minister will be able to let the Committee into his thinking on this serious matter, because it is of great importance and goes to the heart of the operation of the court.
My second point is more technical. It concerns article 91. I refer to the proceedings in the House of Lords on 8 February 2001, reported in column 1272 of Hansard. Sadly, I cannot find my marked copy. It will take a while to find it.