The Gazette 1971

Should there be an international Criminal Court to deal with war crimes? "That, of course, is the ideal. After the last war there was a special tribunal set up in Nuremburg to try the German leaders of war crimes and crimes against humanity. "This tribunal suffered from many defects. First of all, it was set up after the war by the victors to try the vanquished, which is never a good basis. However, it was recognised that a time had been reached in which society should be protected against war crimes and against crimes against humanity. After the war the United Nations asked the Law Commission to define a number of principles, which could be applied for the establishment of such a tribunal. Those prin- ciples are now known as the Nuremburg Principles but they have nothing to do with the Nuremburg trials. It is very desirable that such a tribunal be set up, but unfortunately, in the present climate I do not see it possible. I cannot see the United States or Russia agreeing to it, and they dominate the world between them at the moment. When it comes to any question of outlawing nuclear weapons or setting up a tribunal to deal with war crimes, they usually agree to oppose it altogether." In a time of emergency there is a suspension of human rights. Did you see this happening in die North ? "In the North, the problem is that there is undoubt- edly a situation where it would be very hard to insist on the application of all the provisions of the con- ception on human rights. It is a case situation. But the convention does provide that even in a case of grave emergency, the extent to which any of these rights can be limited is very narrow. They cannot be restricted beyond the immediate exigency of the situ- ation. So at the moment, I do not see the European convention being able to play very much of a role in the situation in the Six Counties. "Where I think the European Convention could play an important role is in the discussion of resolutions. Both Ireland and Great Britain, of which the Six Counties forms a part, are members of the European Convention. The Convention sets out in detail the rights which are guaranteed by it, the rights which all members or parties to the convention have agreed to guarantee to the people in their jurisdiction. This might form a very useful basis of agreement as to what are the minimum rights which should be guaranteed by the British Government in the Six Counties and by the Irish Government in the 26 Counties. There is an* agreement on this. Both Governments have signed these conventions. Therefore, there is a basis of existing agreement there. "It seems to me this could be very usefully extended to provide an agreed basis for co-operation on both sides of the Border, to ensure that at least those rights are safeguarded. The European Convention also pro- vides other useful provisions. It contains machinery for the protection of those rights and there is the European Commission for the protection of human rights, and the European Court for the protection of human rights. Those two bodies could be charged with supervision of any agreement entered into between Belfast and Dublin in regard to the application of the rights guaranteed by the European Convention." The Irish times (May 1971)

would lead to the expulsion of the greater part of the human race, if not the entire world. Accordingly, the first aim of humanity in general should be to do away with wars. Negotiations have been going on for nine years now for complete and general disarmament, and so far little or no progress has been made because of major, powers. They have refused to allow themselves to limit their armaments or subject themselves to inter- national control. "There are several different aspects to the outlawing of weapons, the first being to get agreement that biol- ogical and nuclear weapons will not be used. The next is to enforce that agreement. The sad feature of the present situation is that while governments profess to want peace and general disarmament, they do nothing to ensure it. But important developments have taken place with regard to the religious of he world. A most important conference was held in Austria when Roman Catholic and Protestant Churches examined all the problems of peace, disarmament and human rights. There was a great measure of agreement at this conference. This was followed by another which in- cluded all the Churches of the world, Muslims, Hindus, Shintus and Christians. The conference was held in Japan at the end of last year and they are now going to engage in a world-wide campaign in favour of dis- armament and in favour of peace throughout the world." Did he recognise die rights of objectors of conscience? "Certainly, and this right has been recognised specifically by the Conference of Christian Churches and by the Conference of all Churches held in Japan. They decided that the exercise of conscientious judg- ment is inherent in the dignity of human beings, and accordingly each person should have the right on grounds of conscience or profound convictions to refuse military service or any other direct or indirect par- ticipation in wars or armed conflict. The right of conscientious objection also extends to those who are unwilling to serve in a particular war because they consider it unjust, or because they refuse to participate in a war or conflict in which weapons of mass destruc- tion are likely to be used. The conference also consid- ered that members of armed forces have the right, and even the duty, to refuse to obey military orders which may involve them in the commission of criminal offcnces or war crimes or crimes against humanity." "Yes, indeed. This is provided for by the Geneva Conventions, but unfortunately those conventions are not being applied. That is why a number of inter- national organisations such as Amnesty International, the International Commission of Jurists, International Peace Bureau, World Federation, United Nations Associations and most of the organisations involved in human rights work are agreed on the need to estab- lish within the framework of United Nations a perman- ent body to investigate complaints of violations of the Geneva and Hague Conventions. At a meeting recently in Geneva of all the non-Government organisations, a proposal was adopted to this effect asking the United Nations to set up such a body." Did he believe that in time of war, those taking no part should receive humane treatment?

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