Madam Speaker, I am pleased to speak today on Bill C-19, an act respecting genocide, crimes against humanity and ward crimes.
The Progressive Conservative Party supports and applauds this excellent initiative by the Minister of Foreign Affairs.
First of all, I should like to congratulate the members of the standing committee on foreign affairs, who all worked together on this initiative without any needless party politics. Moreover, the committee report was tabled this week and all members are, I believe, pleased with the way it has turned out.
Much can be said about this bill. I believe it would be advisable to review the main thrust of Bill C-19.
The purpose of Bill C-19 is to implement Canada's obligations under the Rome Statute, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, the ICC, on July 17, 1998. In order to have a clear understanding of this bill, it is important to first of all have a clear understanding of the objective and scope of the Rome Statute.
The Statute was approved in July 1998 by 120 countries and will come into existence after ratification by the parliaments of 60 states. The ICC will be the first permanent international instance mandated to investigate the most serious of crimes under international law: genocide, crimes against humanity, and war crimes.
I am proud. It was high time for Canada to show some leadership by ensuring that the authors of these horrible crimes are charged and punished. With so many lives lost, the international community should work together in order to do something.
With Bill C-19 Canada joins forces with the numerous countries, which are taking the necessary steps to integrate the Rome Statute with their national legislation. Although nine states have already ratified the Statute, it is a source of pride to the Progressive Conservatives Party that Canada is one of the first to enact legislation to implement the Rome Statute.
According to the Department of Justice there are presently in Canada 400 people that are deemed to have been involved in war crimes, crimes against humanity or genocide.
It is totally unacceptable that those war criminals could quietly live as if nothing had happened. Canada does not want to be recognized as a haven for war criminals.
The clock was ticking. The international community had to get together to develop a permanent organization having all the powers to fulfil it's obligations. We could not ignore the atrocities committed in some countries under the guise of war any more. It was too easy, and unfortunately, the previous system of ad hoc tribunals was not very efficient. Being a permanent organization, the ICC will be able to fulfil its mandate.
Clause 4 of the bill states that every person who commits genocide, a crime against humanity or a war crime is guilty of an indictable offence. The definition of those three terms is based on sections 6, 7 and 8 of the Rome Statute.
It is an addition to the criminal code since every person convicted of one of these offences is sentenced to life emprisonement if their crime was intentional. In all other cases, that person is liable to life imprisonment.
These measures would apply to offences committed in Canada and would allow the government to bring an action against the perpetrators or to extradite them so that they can be judged by the ICC. As I have already said, it is a real improvement because it was very difficult for the Department of Justice to prosecute war criminals who had found refuge in Canada because of the court's decision in the Finta case that we have already talked about.
There is however an element on which I would like to come back, and it is the defence argument of obedience to the orders of a superior. It will be remembered that in his client's defence, Mr. Finta's lawyer argued correctly that, under the criminal code, the defence of obedience to a superior's orders was available to members of the military or police forces.
From now on this kind of defence will no longer be available, except under international law. These provisions were necessary.
Another feature of the bill is its retroactivity. Some expressed reservations about this. Nevertheless, I want to congratulate the minister and the committee on their work. In most cases, the events in question occurred as far back as the second world war or during conflicts prior to the signing of the Rome Statute.
One must be realistic. Since most of the events date back more than 50 years, it is becoming increasingly difficult to find the individuals who perpetrated war crimes or crimes against humanity, especially under the nazi regime. Moreover, justice department officials had difficulty finding witnesses to those events to justify the extradition. If the bill had not applied retroactively, it would not have made sense.
Bill C-19 is fairly complete, as it gives jurisdiction to Canadian courts in the case of offences committed outside Canada through clause 8. This clause also recognizes that Canadian courts have the authority to prosecute any person charged with having committed specific acts, providing one of the conditions listed exists.
With respect to Bill C-19, Canada now has an obligation to surrender people caught by the ICC for genocide, crimes against humanity and war crimes. I could say a lot more about the need for such a bill, but in conclusion I will mention that victims of war have suffered terrible ordeals, and through Bill C-19 Canada takes the position that no war criminal is safe or welcome within our borders.
This position has the support of Canadians and the Progressive Conservative Party. We do not want our great country to serve as a haven for war criminals.