Mr Rudd asked the Minister for Foreign Affairs, upon notice, on 4 February 2003:

(1) Is it a fact that among the 45 countries to nominate for the bench of the International Criminal Court (ICC) were nominations from the Democratic Republic of Congo, Cambodia, Nigeria, Mongolia, Mali and the United Republic of Tanzania.

(2) Was there any person in Australia worthy of a nomination to the bench of the ICC.

(3) What was the basis on which the Government decided against submitting a nomination to the Bench of the ICC.

(4) Did the Government submit a nomination for the position of Chief Prosecutor to the ICC.

(5) Does the Government believe that it has a better chance of getting the position of Chief Prosecutor rather than the position of Judge to the ICC; if so, why.

(6) What lobbying efforts did Australia engage in to have its nomination for Chief Prosecutor succeed.

(7) What sum was spent on the campaign for the position of Chief Prosecutor.

(8) Did Australia enter into informal or other agreements to support nominations of other countries for the position of Judge to the ICC; if so, with which countries and for what was this support in exchange.

(9) Was this support conditional on support being received for Australia's nomination for the position of Chief Prosecutor.

Mr Downer (Minister for Foreign Affairs) —The answer to the honourable member's question is as follows:

(1) Yes.

(2) The Government gave priority to finding an Australian candidate for Prosecutor.

(3) The Government decided Australia could better contribute to the establishment of the ICC by proposing a candidate for Prosecutor, a critical role within the Court.

(4) The Government informally proposed a senior Australian lawyer for Prosecutor. The President of the ICC Assembly of States Parties, Prince Zeid, informally consulted with ICC States Parties to secure a consensus candidate for the position. In accordance with Prince Zeid's preferred process and to facilitate his consultations, Australia did not formally submit a nomination for Prosecutor.

(5) Yes. The Government chose not to run candidates for both judge and the Prosecutor. The Government chose to nominate a candidate for Prosecutor, particularly because the Prosecutor will fulfil a crucial role within the Court.

(6) In accordance with Prince Zeid's preferred process, the Government, like other governments with candidates, did not formally lobby on behalf of its candidate for Prosecutor. However, Australia's candidate did travel to New York to meet with Prince Zeid.

(7) The Government spent approximately $11,100.

(8) The Government agreed to support Canada's candidate, Ambassador Philippe Kirsch, as an endorsed Canada-Australia-New Zealand candidate. Although the Government notified other relevant States of our support for their judicial candidates, no agreements were entered into with those States.

(9) Not applicable.