Do international agreements mean anything?

November 17, 2023

In response to John Pilgers excellent article, I point out that 25 years ago Australia signed the Rome Statute setting up the International Criminal Court which can investigate war crimes.

Among its provisions there is this:

Article 68 Protection of the victims and witnesses and their participation in the proceedings 1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses

Now one would imagine that our prosecutorial authorities in Canberra would feel some inclination to honour the principles which the Australian government has espoused by signing the Rome Statute, when it comes to domestic prosecutions relating to alleged war crimes.

But the trial of David McBride seems to indicate the opposite, just as the prosecution of Bernard Collaery ran contra to the principle of advocate protection in the Statute of the International Court of Justice, which we (Australia) had signed.

The Attorney General might well reflect further on whether our solemn commitment to the principle in the Rome Statute is sufficient grounds for halting the prosecution of David McBride.