Mr. Speaker, the point I have been making is that with the progressive development of international law under the United Nations charter, it is a step in international law, initially sponsored by Judge Lachs and that very interesting dissenting opinion in 1968, that non-signatories to an international treaty can be legally bound by the treaty either, to use an analogy, because the treaty becomes, by virtue of the number of states signing it, part of customary international law, or because the sheer number indicates it is part of the general principles of law recognized by nations under article 38(1)(d) of the World Court statute.
What we are saying here is, beware. The mere fact that a country does not sign, does not mean that it can escape responsibility. I do expect that with the progressive development of international law, further steps may be taken to extend jurisdiction through the Security Council or elsewhere over non-signatory states where the gravity of the offence suggests it. However, at the moment we are working with friendly persuasion.
When we spoke several months ago to the French minister, Mr. Richard, a most interesting and thoughtful gentleman, we made the case for France signing and ratifying the treaty, and it has done it. We are hoping we can persuade other countries, the other four members of the Security Council, to feel the same. It makes good sense.
We asked United States senators in Washington several weeks ago why they did not sign, because they are the strong force behind the war crimes tribunal on Yugoslavia, but it really does not make much sense for them to say they are taking themselves out of jurisdiction.
Canada is very proud of its forces and has full confidence in them. We say that we will accept their subjection to the war crimes tribunal on the former Yugoslavia, That was an act of faith, but it has not gone wrong. I am satisfied that the Canadian forces acted in full conformity with international law in their part in the Kosovo action.