Domestic implementation of international criminal law
Ireland
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
No specific provision. Ireland ratified the Kampala Amendments on the crime of aggression to the Rome Statute of the International Criminal Court on 27 Sep 2018
Crimes Against Humanity
Crimes Against Humanity are included in Sections 6, 7 (1) and 8 of the International Criminal Court Act 2006:
International Criminal Court Act 2006. (No. 30 of 2006).
Houses of the Oireachtas, Dublin, 31 October 2006. [ENG]Genocide
Genocide is included in Sections 6, 7 and 8 of the International Criminal Court Act 2006:
International Criminal Court Act 2006. (No. 30 of 2006).
Houses of the Oireachtas, Dublin, 31 October 2006. [ENG]War Crimes
War crimes are included in Sections 6, 7 (1) and 8 of the International Criminal Court Act, 2006 and s. 3 of the Geneva Conventions (Amendment) Act, 1998:
International Criminal Court Act 2006. (No. 30 of 2006).
Houses of the Oireachtas, Dublin, 31 October 2006. [ENG]
Geneva Conventions (Amendment) Act, 1998. (Number 35 of 1998).
Houses of the Oireachtas, Dublin, 17 January 2000. [ENG]
Jurisdiction Jusrisdiction:
➤ Extra-territorial jurisdiction for crimes against humanity, genocide and war crimes is provided for under Section 12 of the International Criminal Court Act, 2006:"12.--(1) An Irish national who does an act outside the State that, if done within it, would constitute an ICC offence or an offence under section 11(1) is guilty of that offence and liable to the penalty provided for it.
Additionally, Section 9 (3) of the International Criminal Court Act, 2006 states:
(2) Subsection (1) also applies in relation to a person of any other nationality who does an act outside the State that, if done within it, would constitute both--(a) a war crime under subparagraph (a) (grave breaches of the Geneva Conventions) or (b) (other specified serious violations of the laws and customs applicable in international armed conflict) of Article 8.2, and
(b) an offence under section 3 (grave breaches of the Geneva Conventions and Protocol I thereto) of the Geneva Conventions Act 1962.
(3) An act which--(a) is done outside the State on board an Irish ship or Irish controlled aircraft, and
(4) The reference in subsection (2)(b) to section 3 of the Geneva Conventions Act 1962 is to that section as amended by section 3 of the Geneva Conventions (Amendment) Act 1998 and by paragraph 2 of Schedule 3.
(b) if done within it, would constitute an ICC offence,
is deemed for the purposes of this Act to have been done within the State.
(5) In this section--
"Irish controlled aircraft" has the meaning given to it by section 1(1) of the Air Navigation and Transport Act 1973;
"Irish ship" has the meaning given to it by section 9 of the Mercantile Marine Act 1955.""9. [...]
Section 9 (2) and (4) of the International Criminal Court Act, 2006 contain procedural and time restrictions to jurisdiction:
(3) Proceedings for an ICC offence committed outside the State may be taken in any place in the State, and the offence may for all incidental purposes be treated as having been committed in that place.""9. [...]
See:
(2) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an ICC offence except by or with the consent of the Director of Public Prosecutions. [...]
(4) Without prejudice to section 7(4) ["... proceedings under the 1973 [Genocide] Act may be taken after the passing of this Act for an offence under that Act committed before such passing"], proceedings may not be taken in respect of conduct constituting an ICC offence if the conduct occurred before the passing of this Act.
International Criminal Court Act 2006. (No. 30 of 2006).
Houses of the Oireachtas, Dublin, 31 October 2006. [ENG]
➤ Section 3 of the Geneva Conventions Act, 1962, as amended by Geneva Conventions (Amendment) Act, 1998, sets out the jurisdictional regime for war crimes too. See:
Geneva Conventions (Amendment) Act, 1998. (Number 35 of 1998).
Houses of the Oireachtas, Dublin, 17 January 2000. [ENG]
Command Responsibility:
Section 13 of the International Criminal Court Act 2006 states:"13.--(1) The law (including common law) of the State shall, subject to subsection (2), apply in determining whether a person has committed an offence under this Part.
See:
(2) Article 27 (application of Statute to all persons without any distinction based on official capacity) and paragraphs (a) and (b) of Article 28 (responsibility of commanders and other superiors for crimes within the jurisdiction of the International Criminal Court) shall apply, as appropriate and with any necessary modifications, in relation to any such determination.
(3) This section is without prejudice to section 3(1)."
International Criminal Court Act 2006. (No. 30 of 2006).
Houses of the Oireachtas, Dublin, 31 October 2006. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: Ireland signed the Rome Statute of the International Criminal Court on 7 October 1998 and deposited its instrument of ratification on 11 April 2002. Ireland ratified the Kampala Amendments on the crime of aggression to the Rome Statute of the International Criminal Court on 27 Sep 2018
Constitution of Ireland. (1937 with amendments through 2015).
Department of the Taoiseach. [ENG/GLE]. [Last accessed 27Feb18]. [External Link to pdf document]
Criminal Law Act, 1997.
electronic Irish Statute Book (eISB), Government of Ireland. [ENG]. [Last accessed 27Feb18]. [External Link]
Criminal Procedure Act 2010.
electronic Irish Statute Book (eISB), Government of Ireland. [ENG]. [Last accessed 27Feb18]. [External Link]
International Criminal Court Act 2006 (revised).
electronic Irish Statute Book (eISB), Houses of the Oireachtas (Parliament), Government of Ireland. [ENG]. [Last accessed 26Feb18]. [External Link]
Geneva Conventions Act, 1962.
electronic Irish Statute Book (eISB), Government of Ireland. [ENG]. [Last accessed 27Feb18]. [External Link]
Extradition Act, 1965.
electronic Irish Statute Book (eISB), Government of Ireland. [ENG]. [Last accessed 27Feb18]. [External Link]
Criminal Justice (United Nations Convention Against Torture) Act, 2000.
electronic Irish Statute Book (eISB), Government of Ireland. [ENG]. [Last accessed 27Feb18]. [External Link]
Acts of the Oireachtas and Statutory Instruments.
electronic Irish Statute Book (eISB), Houses of the Oireachtas (Parliament), Government of Ireland. [ENG]. [Last accessed 26Feb18]. [External Link]
Bills and Legislation.
Office of the Houses of the Oireachtas (Parliament). [ENG/GLE]. [Last accessed 26Feb18]. [External Link]
List of International Humanitarian Law Treaties to which the Kingdom of Ireland is a State party.
International Committee of the Red Cross). [ENG]. [Last accessed 26Feb18]. [External Link]