Mr DUTTON (2:02 PM) —My question is addressed to the Prime Minister. What is the basis of the government's decision to ratify the statute of the International Criminal Court?

Mr HOWARD (Prime Minister) —I thank the honourable member for Dickson for his question.

Opposition members interjecting—

Mr HOWARD —I have got a few more than you! The honourable member for Dickson gives me an opportunity to formally advise the House of the government's decision, taken at a joint party meeting this morning, to proceed to ratification of the statute establishing the International Criminal Court. The government is attaching a number of very important stipulations to that ratification. They will further add to the guarantees that we believe already existed in relation to Australia's sovereignty in these matters. Under the principle of complementarity under the statute, an Australian charged with an offence under the code would be prosecuted and dealt with in accordance with Australian law unless Australia were judged to be either unwilling or unable to proceed with that prosecution. There is a further, very important stipulation that no Australian can be surrendered or no warrant can be issued for the arrest of an Australian citizen under the statute without the prior consent of the Attorney-General.

Moreover, there will be enshrined into the legislation a proviso that no prosecution can be commenced without the consent of the Attorney-General. There will be a privative clause attached to that requirement, and that privative clause will mean that the Attorney-General's decision will not be subject to any judicial review except through the processes of the prerogative writs specified in section 75 of the Constitution. Taken together, we believe that these stipulations provide adequate and appropriate safeguards and further reinforce Australia's domestic sovereignty. I can make it very plain to the House, as I do to the Australian people, that any Australian charged within Australia or within the control of Australia—any Australian charged or alleged to have committed an offence—will be dealt with in accordance with Australian law.

I also want to make it very plain, because the position of the Australian Defence Force has been raised, that ratification of the statute has the very strong support of the Australian Defence Force. I make it plain to the House that, contrary to what has been said by some, there are no circumstances, on our advice, whereby an Australian service man or woman, either in Australia or serving with Australian forces overseas and therefore under the control of Australian forces, can be charged or prosecuted with an offence other than in an Australian court or military tribunal and in accordance with Australian law. The International Criminal Court statute will make a valuable addition to the mechanisms available to the world in dealing with war crimes. It is important not to overstate its benefits; it is also important not to exaggerate any potential dangers or any potential threats to Australian sovereignty. I am personally satisfied, and the government is satisfied, that accession to the statute will not compromise Australian sovereignty, and it is on that basis that the Australian government will proceed to ratification.