Introduction

A referendum will be held on 7 June 2001. In this referendum, you will be asked whether or not you wish Ireland to ratify the Rome Statute of the International Criminal Court adopted at Rome in July 1998.

This booklet, which is published by the Referendum Commission, is designed to help you make your decision by giving you information on the International Criminal Court.

The Referendum Commission is an independent body, set up by the Referendum Act, 1998. The Chairman of the Commission is Mr Justice Tom Finlay, former Chief Justice of the Supreme Court and the other members are the Clerk of the Dáil, the Clerk of the Seanad, the Ombudsman and the Comptroller and Auditor General. The Commission is independent in its functions, has its own budget and is supported by a secretariat from the Office of the Ombudsman.

The functions and powers of the Referendum Commission are set out in the Referendum Act, 1998. The primary role of the Commission is to explain to the people the subject matter of the referendum as simply and effectively as possible, while ensuring that the arguments of those in favour and those against the proposed amendment to the Constitution are put forward in a manner that is fair to all interests concerned.

This booklet is published as part of the process of explaining, in as balanced and straightforward a fashion as possible, the main elements of the International Criminal Court. This document does not outline the arguments for and against acceptance of the proposed amendment to the Constitution; the main arguments presented by both sides will be published separately by the Referendum Commission following a consultation process with the people and organisations wishing to contribute to the debate. You will have to make up your own mind on the arguments for and against the amendment and cast your vote accordingly.

Your vote is equal in value to every other citizen's vote and if you choose not to vote on 7 June 2001 then you are allowing others to make a decision for you. It is your voice and your choice. Let it be heard.

The International Criminal Court Referendum

Article 29 of the Constitution deals with international relations and the acceptance by Ireland of obligations under international treaties.

The Rome Statute on the International Criminal Court (1998) provides for the establishment of a permanent international criminal court under the United Nations system. The function of the International Criminal Court is to try, in certain defined circumstances, persons charged with genocide, crimes against humanity, war crimes and aggression. It will be a permanent court and not as the previous International Criminal Tribunals were, such as those dealing with the former Yugoslavia and Rwanda, providing for a particular problem only. The new Court will consist of 18 full-time judges and will sit at the Hague in the Netherlands. To date, approximately 140 countries have signed the Rome Statute (including Ireland) and 30 countries have ratified the Statute. The Court will come into force if and when 60 countries have ratified the Statute.

If the referendum is passed, the State will be in a position to ratify the Rome Statute. The effect of ratification of the Statute will be that some element of sovereignty in criminal matters will be transferred from the potential jurisdiction of the Irish courts to the International Criminal Court. Upon such ratification, a person, for example, living in Ireland could be arrested here and, by proper legal procedure, brought before the International Criminal Court in the Hague for war crimes.

Ratification of the Rome Statute by Ireland would appear to require an amendment of the Constitution because it would otherwise be inconsistent with the present provisions of the Constitution with regard to sovereignty and possibly also with regard to the trial of offences.

When you vote on 7 June 2001, you will be asked:

Do you approve of the proposal to amend the Constitution contained in the undermentioned Bill?

Twenty - third Amendment of the Constitution Bill, 2001.


That Bill contains the proposal to change the Constitution by the insertion of a new section 9 in Article 29 which states as follows:


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



You will be required to vote yes or no on the proposal on Thursday 7 June, 2001.


This leaflet is also being made available, through the National Council for the Blind, in Braille and on audio tape for persons with a sight disability.

An Irish language edition of this leaflet is being distributed through a range of public outlets.

The Referendum Commission,
18 Lower Leeson Street,
Dublin 2.

Tel: (01) 6395695

Fax: (01) 6395684

Email: refcom@ombudsman.irlgov.ie

Website: http://www.refcom.ie