To ask the Secretary of State for Foreign and Commonwealth Affairs

(1) what his policy is on application of Article 16 of the Rome Statute; and if he will make a statement;

(2) what action the Security Council took, in passing Resolution 1422, to determine whether there was a threat to international peace and security that justified taking powers under Chapter VII of the United Nations Charter;

(3) what threat to international peace and security existed when he invoked Chapter VII of the United Nations Charter and supported Resolution 1422 of the Security Council.

Article 16 of the Rome Statute provides for the deferral of investigations or prosecutions by the International Criminal Court when the UN Security Council determines that such action would not be in the interests of international peace and security. On such occasions Security Council members, including the United Kingdom, would consult and act collectively.

Security Council Resolution 1422 was adopted by unanimity under Chapter VII after intensive consultations within the Security Council. As my right hon. Friend the Foreign Secretary said in his press release of 13 July 2002, the Security Council acted to ensure that the International Criminal Court was not undermined; to ensure that UN operations, in Bosnia and elsewhere, were able to continue and to ensure that the US would remain engaged in providing personnel and support to peacekeeping operations around the world. In short, to protect the Court and preserve peacekeeping.