FOREIGN AFFAIRS – ICC – 25 February 2003

Dr Julian Lewis: It has been suggested that one solution to the Iraq crisis would be for Saddam and his clique to go into exile. How would that be affected by the existence of the International Criminal Court in the unlikely event that he decided to go into exile, but did so in a country that had signed up to the ICC? Would not there be a clash between the terms of his exile and the possibility that someone could rightly bring him before the ICC for the many crimes that he has committed?

[Mike O'Brien: The hon. Gentleman raises an interesting point, which I shall consider in detail. Of course, Iraq is not currently a party to the ICC statute, so the court can exercise its jurisdiction only following the referral of an allegation by the UN Security Council under chapter VII of the UN Charter. Therefore, if somebody was in a country that was adhering to the statute, I assume that the procedure would still be to use the UN Charter chapter VII. I would have to consider in detail the legalities of that, and I will write to the hon. Gentleman.]