24 October 1997

O. Dupuis, Esq

Secretary General

Transnational Radical Party

Centre de Coordination de Bruxelles

97-113 Rue Belliard

1047 Bruxelles

BELGIUM

ICC - TRANSNATIONAL RADICAL PARTY

Thank you for your letter of 27 August to the Prime Minister seeking support for a campaign to promote the proposed International Criminal Court to the members of the United Nations General Assembly, and to encourage attempts to bring those indicted for war crimes in Bosnia and Rwanda to justice. As the official covering war crimes within the Foreign and Commonwealth Office, I have been asked to reply.

As the Foreign Secretary made clear in his speech on human rights in July, the Government supports the proposal to create an International Criminal Court. We are in favour of the holding of a diploma tic conference next year to agree a convention providing for the establishment of such a Court, and will support the inclusion of references to this effect in the resolution on the International Criminal Court at this year's United Nations General Assembly. In the meantime, we will be actively participating in the negotiations on a Statute for the Court which are taking place in the Preparatory committee.

We firmly believe that it is important that there should be an international body to try those accused of war crimes, genocide and crimes against humanity when national justice systems are unable or unwilling to do so. To that end, the Government supports the work of the two established International Criminal Tribunals for the former Yugoslavia and for Rwanda. We believe that all those indicted by these Tribunals should stand trial at the earliest opportunity.

We have, however, repeatedly stated that it is the responsibility of the Parties to the Bosnian peace agreement, under which they committed themselves to complying with the Hague Tribunals Orders, to arrest and transfer those indicted by the Tribunal. SFOR's primary role is to enforce the military aspects of Dayton. However, NATO has agreed that SFOR will detain those indicted for war crimes if they encounter them in the course of their normal duties and should the tactical situation permit. The recent action against Milan Kovacevic and Simo Drljaca by British soldiers operating under the umbrella of SFOR in Bosnia demonstrates how seriously SFOR views its mandate and that it will take action against war criminals should the opportunity arise.

Tim Law

United Nations Department