Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides:
The restriction on granting extradition contained in section 12 of the Extradition Act, 1965 [which states that “extradition shall not be granted for offences under military law which are not offences under ordinary criminal law”], does not apply in the case of an offence involving a grave or minor breach of any of the [1949 Geneva] Conventions or [the 1977 Additional] Protocol I or a minor breach of [the 1977 Additional] Protocol II.
Ireland’s Extradition Act (1965), as amended in 1994, provides: “Extradition shall not be granted where a person claimed is a citizen of Ireland, unless the relevant extradition provisions otherwise provide.”
Ireland’s Extradition Act (1965), as amended in 1994, states: “Extradition
shall not be granted for an offence which is a political offence
or an offence connected with a political offence
(emphasis in original)
In 1998, Ireland adopted the War Crimes Tribunal Act, to enable cooperation with international tribunals in the performance of their functions relating to the prosecution and punishment of international war crimes.
Ireland’s International Criminal Court Act (2006), Parts 3, 4 and 5 of which refer to the processing of requests for assistance from the International Criminal Court, states:
Nothing in this Act shall be construed as preventing the provision to the International Criminal Court of assistance (other than assistance provided for under this Act) which is not prohibited by any other enactment or any rule of law.
In 2009, Ireland’s Minister for Foreign Affairs, in a written response to a question on human rights issues, stated: “Together with our EU partners, Ireland has been a consistent and strong supporter of the International Criminal Court, recognising it as an essential means of combating impunity for the most serious violations of international humanitarian law and human rights law.”