Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Committee Stage (Resumed)
Seanad Éireann — 2026-06-25
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Jim O'Callaghan (FF), Dublin Bay South

These amendments concern the International Criminal Court Act 2006. They are minor and very technical amendments. Amendments Nos. 24 to 26, inclusive, ensure the definition of the crime of aggression for the purposes of co-operating with the International Criminal Court, ICC, shall not include any additional acts contained in a subsequent amendment to Article 8 of the ICC's Rome Statute in the absence of new primary legislation or a Government order made pursuant to the proposed section 64A of the 2006 Act. Similar limitations are already provided for in this Bill with respect to genocide, crimes against humanity and war crimes and so it is considered that it would be anomalous not to extend such a limitation to the crime of aggression. Additionally, the wording of what is now subsection (1B) has been altered to ensure it aligns better with Articles 25, 26 and 28 of the Rome Statute.
Amendment No. 27 clarifies that the exception contained in subsection (2A) of section 64A shall only apply to domestic criminal investigations of International Criminal Court crimes and not to other proceedings such as those connected to co-operation requests with the ICC. While section 64A grants the Government the power to make orders prescribing certain acts that are the subject of an amendment to the Rome Statute as a crime within the jurisdiction of the ICC, this is only for the purpose of co-operation with the court and cannot be used to alter any domestic criminal offence in Irish law. This small clarification is aimed at more clearly reflecting this.
Amendment agreed to.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-25/debate/main
Retrieved: 2026-08-14T04:55:07+00:00
Sitting date: 2026-06-25