Clause 49 - Power to make provisons for enforcement of other orders
International Criminal Court Bill [Lords]
2:30 pm
Mr John Battle (Minister of State, Foreign & Commonwealth Office; Leeds West, Labour)
I refer first to the role of non-governmental organisations, which have made representations about the theme of the trust. On 22 March 2001, in a speech before the United Nations Commission on Human Rights, I said:
``I cannot over emphasise the importance of the positive contribution of NGOs to human rights...I believe they are our eyes and ears on the ground and the voice of our conscience. It is vital that we all give a hearing to and listen to that voice.''
Amnesty International, the Medical Foundation for the Care of Victims of Torture, Save the Children and other bodies have been involved in the background work to the clause. They are the eyes and ears on the ground and often draw the attention of the world to those victims who suffer as a result of gross war crimes and genocide. I pay tribute to those organisations. Throughout the negotiations on the Rome statute and during the preparation of the Bill, the Government have listened to the voice of NGOs.
Last year, the Minister then responsible for such matters, my hon. Friend the Member for Neath (Mr. Hain), held three separate meetings with NGOs, specifically on the ICC. I made a point of meeting a wide range of NGOs, including Amnesty International and the Medical Foundation for the Care of Victims of Torture, as soon as I took over the responsibility for human rights issues. I discussed the ICC with them. I emphasise that point: they have had—and rightly so—regular contact with the Bill team and the organisations that are grouped in the coalition for an ICC. We welcome that and encourage them to remain engaged throughout the process.
We have considered carefully all suggestions made by NGOs before, during and since the consultation process began and have taken on board many of their helpful and constructive propositions. Amendments were made in the other place that related specifically to their concerns. Such matters were taken on board and built into the Bill. However, I know as one who was involved for many years in NGOs that we shall not be able to go as far and as fast as they would want. Their role is to lead us into new areas and ours is to consider such issues and reach decisions within our parameters.
We have been aware of the views of NGOs for some time and I am glad that, at last, we are discussing the concerns, interests and needs of the victims. Obviously, it is the victims of war crimes in places such as Rwanda and East Timor that have made the case for the ICC so compelling, but it cannot be only about punishment and deterrents. We have spent much time discussing arrests and warrants, but he ICC is about giving justice to victims and building the basis of future reconciliation.
My right hon. Friend the Foreign Secretary mentioned on Second Reading that the matter of reparations for victims of ICC crimes is one on which our negotiators in Rome worked particularly hard. We are pleased that article 75 of the statute secures the right of victims to reparations and that article 79 provides for a trust fund to be established for the benefit of victims. It is enshrined in article 79 that the trust fund will exist.
I entirely understand the motivation of the NGOs and the Opposition and the tabling of the amendment. We, too, care passionately about such matters, but the Bill enables us fully to implement our obligation with regard to articles 75 and 79, and the amendment is not needed to put that in the Bill.
Clause 49(1)(b) specifies that the Secretary of State will make provision by regulations for the enforcement of
``orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.''
As the ICC can issue orders only for reparations against convicted persons, that covers all possible situations in which the ICC may ask us to enforce such an order. Similarly, as a result of regulations, we shall be able to enforce any fines or forfeitures ordered by the ICC against a convicted person. The Secretary of State will automatically transfer the proceeds obtained to the ICC or, if requested by the ICC, to the ICC trust fund.
I confirm to the hon. Member for Chesham and Amersham that we would be happy to share the draft regulations, once they are prepared, with the Medical Foundation and to other interested parties, and receive their comments and consultation.
The hon. and learned Member for Harborough (Mr. Garnier) asked detailed questions about how the trust fund would function, such as how it would be set up, whether it would have a bank account, and where the investments would be. Those details have not been decided, but will be determined by the assembly of states parties when the criteria for the trust fund are determined. Another reason to ratify early is so that the hon. and learned Gentleman's questions—which are fair—may be put in that context when the body is properly up and running.
Provided that those criteria permit voluntary contributions, as we expect, the Government and any individual, company or institution will be open to contribute voluntarily to the ICC trust fund for victims. There will be no obstacle to our contribution to that fund in the same manner in which, over the past three years, we have already contributed £200,000 to the UN trust fund to help least developed countries to participate in negotiations about the ICC.