Hilary Benn – 2016 Parliamentary Question to the Foreign and Commonwealth Office

The below Parliamentary question was asked by Hilary Benn on 2016-04-20.

To ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to the oral contribution of the Parliamentary Under-Secretary of State for the Foreign and Commonwealth Office of 20 April 2016, Official Report, column 995, whether Daesh has committed crimes that should be referred to the International Criminal Court.

Mr Philip Hammond

The Government has condemned repeatedly Daesh’s atrocities against both minorities, and the majority Muslim populations of Iraq and Syria. There is a growing body of evidence that terrible crimes have been committed by Daesh. The UK is supporting efforts to gather and preserve that evidence.

The International Criminal Court (ICC) Prosecutor set out some of the complicated issues involved in the ICC investigating Daesh in her statement of 8 April 2015. The Rome Statute provides for "situations" rather than organisations to be referred to the ICC. Therefore, referral would cover all potential crimes within a specified geographic area, rather than a specific organisation.

As neither Iraq nor Syria is a State Party to the Rome Statute, the ICC has no territorial jurisdiction over crimes committed on their soil.

In order for Daesh’s crimes in Iraq and Syria to be investigated by the ICC, Iraq and Syria would have to declare their acceptance of the Court’s jurisdiction, or the UN Security Council would have to refer the situation in those countries to the Court.