In respect of his response to Parts (1) and (2) of question No. 5561 (Hansard, 10 May 2007, page 130), (a) did the “informal discussions” with the International Criminal Court (ICC) about further investigations into war crimes in Darfur include provision of evidence or recommendations relating to additional individuals that the court may prosecute; (b) has the Government considered utilising Article 14 of the Rome Statute to formally refer alleged offenders to the ICC; if so, has such action been taken; if not, why not; (c) is the Government aware of any evidence that individuals in Iran, Zimbabwe or Burma may be liable to prosecution by the ICC for war crimes or crimes against humanity; and (d) has the Government considered (i) utilising Article 14 of the Rome Statute to formally refer alleged offenders to the ICC or (ii) conducting “informal discussions” with the ICC in relation to the prosecution of individuals in Zimbabwe, Iran or Burma; if so, has such action been taken; if not, why not.

(a)

It would not be appropriate to disclose the details of ongoing discussions with the International Criminal Court.

(b)

The Australian Government is aware of the referral mechanism under Article 14 of the Rome Statute of the International Criminal. The Australian Government has not made any referral to the International Criminal Court under Article 14 of the Rome Statute of the International Criminal Court. The Australian Government notes that a referral by a State pursuant to Article 14 cannot confer jurisdiction on the International Criminal Court where jurisdiction would not otherwise exist.

(c)

As Iran, Zimbabwe and Burma are not party to the Rome Statute of the International Criminal Court, there is little scope for the Court to exercise jurisdiction over situations in those countries.

(d) (i)

See (b) above. (ii) See (c) above.