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Australia Joins Global Court

U.S., China, Israel, India among those against ratifying statute
June 20, 2002
By Louise Dodson, Michael Gordon

Australia will be part of the world's first permanent criminal court to prosecute war crimes and genocide when it begins operating on July 1 after a historic decision by federal cabinet last night.

Prime Minister John Howard agreed to support the International Criminal Court with strict conditions aimed at protecting Australia's sovereignty.

After a marathon debate in the government party room, cabinet took just 90 minutes to agree to ratify the statute setting up the court.

Earlier, Mr Howard told parliament that the decision would "serve the national interest and certainly not compromise Australian sovereignty".

The decision is a big victory for Foreign Minister Alexander Downer and Attorney-General Daryl Williams who have championed Australian participation in the court over the past four years.

It means Australia will be able to influence the selection of prosecutors and judges and the setting of the procedures of the court, which will only be able to prosecute crimes committed after July 1.

To allay concerns of MPs, a declaration will be included in legislation stressing that any allegations of wrongdoing by Australians will be dealt with by the Australian judicial system, not the ICC.

Although cabinet had twice previously endorsed the court, Australia's involvement was in doubt after Mr Howard agreed to reconsider the position in the light of concerns expressed by mainly conservative Coalition MPs.

In two days of debate spread over two weeks, there were 35 speakers supporting the court and 34 against. But at a meeting of the junior ministry on Tuesday night, the majority opposed ratification on the basis that it would diminish Australia's sovereignty.

Some sources said the view of former High Court judge Sir Ninian Stephen, who spoke out in favour of the court this week, was critical in allaying these fears.

Sir Ninian, who was a member of the temporary court to probe genocide in Rwanda, stressed that the statute explicitly protected the primacy of Australian courts and that fears that Australian defence personal could be charged by the court were misplaced.

The view of former minister John Herron, who saw the results of genocide in Rwanda, was also important, sources said.

Australia will join more than 60 countries that have ratified the statute to set up the court, including Britain, almost all of Europe, Canada, New Zealand and numerous African, central and southern American countries.

The United States, China, Israel and India are among those countries that have voted against ratifying the statute to establish the court.

Mr Howard recently said the US arguments against the court were powerful, but stressed that he had not been pressured during his recent visit to Washington for Australia to follow the US lead.

Mr Howard yesterday told parliament that debate in the government had been conducted with great goodwill, denying any prejudice or intolerance had been displayed.

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Universal 7 Radio | gtbroadcasting.com | GlobalEnquirer.com | Comment


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