Commission advertisement inviting submissions

Referendum to Amend the Constitution in Relation to Acceptance of the Jurisdiction of the International Criminal Court

Submissions Invited

Referendum Commission


The Referendum Commission comprising, Mr Justice T. A. Finlay, Chairman, former Chief Justice of the Supreme Court, the Ombudsman, the Clerk of the Dáil, the Clerk of the Seanad and the Comptroller and Auditor General has been established as an independent statutory body under the Referendum Act, 1998.

The core functions of the Referendum Commission are to prepare statements explaining the proposed amendments to the Constitution, to prepare statements setting out the arguments for and against the proposed amendments, to facilitate debate and discussion on such matters and to do so in a manner which is fair to all interests concerned. In preparing statements on the arguments for and against the proposed amendments the Commission will have regard to any submission made to it.

As a first step in this process, the Commission requests individuals and organisations, who wish to express their views on the proposed amendment in relation to the acceptance of the jurisdiction of the International Criminal Court, to forward submissions to the Commission at the address provided below. Submissions should be as brief as possible and must be confined solely to the subject matter of the proposed amendment of the Constitution in relation to the acceptance of the jurisdiction of the International Criminal Court.

Submissions must be received by the Commission by 17:30 on Tuesday, May 22nd, 2001. Having regard to the time constraints under which the Commission is required to discharge its functions, submissions received after that date cannot be accepted.

Proposed Constitutional Amendment

A referendum will be held on June 7th, 2001 on a proposal to make the following amendment to Article 29 of the Constitution -

In Article 29 to insert after section 8 :

"9 The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998."

Article 29 of the Constitution deals with matters relating to Ireland's international relations.

The effect of the proposed amendment is to allow the State to ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.

The Rome Statute provides for the establishment of a permanent International Criminal Court, in relationship with the United Nations system, with jurisdiction over persons for the most serious crimes of concern to the international community, namely genocide, crimes against humanity, war crimes and the crime of aggression.

An amendment to the Constitution is required to allow ratification of the Rome Statute because submission to the jurisdiction of the International Criminal Court would entail a partial transfer to the Court of the sovereign power of the State to administer criminal justice.

Submissions Invited

The Case for the Amendment

Please send your submission in favour of the proposed amendment, in writing or by electronic mail, to :

International Criminal Court - Pro Amendment,
c/o Referendum Commission,
18 Lower Leeson Street,
Dublin 2.

Tel:- (01) 6395695
Fax: - (01) 6395684


E-mail: refcom@ombudsman.irlgov.ie

The Case against the Amendment

Please send your submission against the proposed amendment, in writing or by electronic mail, to :

International Criminal Court - Anti Amendment,
c/o Referendum Commission,
18 Lower Leeson Street,
Dublin 2

Tel:- (01) 6395695
Fax: - (01) 6395684

E-mail: refcom@ombudsman.irlgov.ie