Mr. Speaker, it is a pleasure to participate in the debate on Bill C-19. This legislation has been precipitated by Canada's obligations under the Rome statute of the International Criminal Court.
The bill deals strictly with three clearly defined offences: genocide, crimes against humanity and war crimes. As well, Bill C-19 makes consequential changes to Canada's extradition and mutual legal assistance legislation to enable Canada to comply with its obligations to the International Criminal Court.
Bill C-19 will equip Canada with domestic legislation to facilitate the prosecution by Canadian courts of the three above mentioned crimes whether committed outside Canada or within our borders. It also gives Canada the right to have the first crack at the investigation, prosecution and sentencing of such cases at home. We may also waive the right and extradite an accused to the International Criminal Court.
The bill also affirms that any immunities otherwise existing under Canadian law will not bar prosecution in Canada or extradition to the International Criminal Court or to any other international criminal tribunal established by resolution of the security council of the United Nations. In other words, if an individual is suspected of war crimes and is living in Canada, then that individual will stand trial either in Canada if we choose or before the International Criminal Court. If Canada undertakes an extensive investigation and the individual is found innocent of any charges, then that will satisfy the requirements of the International Criminal Court.
Let me turn to the history and evolution of this initiative. Since the Nuremberg trials in 1945, the international community has been working toward the creation of a permanent international criminal court. There is a lot of momentum worldwide for such an undertaking. After years of preparatory negotiations and an intensive five week diplomatic conference, the basis for the ICC was adopted in Rome on July 17, 1998.
The International Criminal Court will be a permanent international institution mandated to prosecute persons responsible for genocide, crimes against humanity and war crimes when national judicial systems fail to investigate or prosecute such individuals.
The International Criminal Court statute will enter into force when 60 states have ratified it.
The ICC will be located in The Hague, Netherlands. The 18 judges of the ICC and the prosecutor will be selected on qualifications similar to supreme court level appointments and must be ratified by two-thirds of state parties. Their terms will be for nine years. Judges may be removed by a similar two-thirds vote.
The rules of procedure and evidence are currently being negotiated through a series of meetings of a preparatory commission which includes delegations from signatory states and other interested states. An assembly of states parties will ratify these rules of procedure and evidence.
Turning to the costs of this new court, at present we do not know what this initiative will cost Canada. All member states of the ICC will pay a fee for the creation, operation and management of the ICC. The United Nations will contribute half of the initial startup costs and will contribute financially when specific cases are mandated by the security council. The remaining costs will be shared equally by all states parties.
Some have projected that Canada's initial contribution could be anywhere between $300,000 to $500,000. Once the ICC is up and running, Canada could be asked to contribute $1 million to $2 million per year. In comparison, Canada's contribution to the Rwanda and Yugoslavia war crimes tribunals for 1998-99 was $6.3 million.
I would like to raise some concerns and questions regarding this new court. A permanent international body may become unaccountable and may override the sovereignty of a nation's legal and governance system. Although the ICC is to be complementary to national courts, it will investigate and prosecute a crime when the states with the jurisdiction are unwilling to do so. This is clearly one way in which the ICC could overrule the sovereignty of a nation.
The ICC has been structured so the sovereignty of nations will remain primordial. It does so by requiring the enactment of domestic legislation in each ratifying state which gives that sovereign state both judicial equipment and the right to prosecute suspected cases of a said crime domestically. Bill C-19 is Canada's version of that legislation. We can also choose to waive the sovereign right to prosecute in our own court system and send the case and the accused to the ICC.
It is my understanding that this right cannot be circumvented unless we are unable or unwilling to use it, that is, there is a deliberate fraudulent attempt to shield a suspect from prosecution or that our rule of law has completely collapsed and we have no government. That this assessment could ever be made in the case of Canada is agreed among Canada's negotiating team and justice officials to be simply unthinkable.
We also hope that this court does not lead to any proliferation of judicial activism. Again we have been given assurances that the mandate of the judges and the court is clear and the terms of operation cannot be expanded. We trust this is correct.
One critical issue that stands out with this new court is that the United States has not yet signed the Rome statute. We are told the current mood in the United States Senate is to remain in this position. There is an argument that without the United States as signatory, the court will be very ineffective.
We must also be vigilant not to allow international law to supersede Canadian law. Again we have assurances this cannot happen.
The negotiations of the preparatory commission on rules of procedure and evidence address critical and fundamental issues of the ICC. They are not discussed or ratified in parliament. Issues such as the definition of aggression and other terms, the conditions of imprisonment, and judicial protocol are controversial issues in the implementation of the Rome statute. All of the negotiations should be subject to the input and ratification of this parliament; otherwise our requirement that the values of Canadians are adequately enshrined in law, structure and procedure of the ICC may be in jeopardy.
There are two ways we can approach these concerns. We could delay ratification until the negotiations are concluded and can be ratified by parliament, or we could amend Bill C-19 to ensure Canada's final accession to the ICC is subject to the ratification of parliament regarding the rules and procedures of evidence.
Some conclude that individual tribunals would be superior to a permanent existing ICC. A tribunal would examine a specific case, render a verdict and then disband. However, these tribunals have proven to be ineffective in tracking down criminals and having the legal authority to prosecute criminals. On that front the ICC is attractive.
The Canadian Alliance favours the prosecution of individuals who commit genocide, war crimes and crimes against humanity. At the same time we are very conscious of the need to protect our own sovereignty and want assurances that this will be built into Bill C-19.
As this bill proceeds, I suspect analysis of it particularly in committee will look at such areas as what some interested parties have called vague and imprecise definitions of offences. As well there has been concern expressed about the specifics of crimes committed in Canada as opposed to those committed outside Canada.
Bill C-19 requires a lot of study and review. I am confident this debate and the following assessments made on the bill will fashion a document that we can all accept.