John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I thank Senator Ludlam for his supplementary question. It is an important issue. Can I indicate to Senator Ludlam and the Senate that Burma is not a party to the International Criminal Court statute. A prosecution against any of Burma’s leaders for crimes under the jurisdiction of the International Criminal Court would require a referral by the UN Security Council or the consent of Burma. Neither of these situations is currently likely, as I am sure the senator appreciates. I can say that the government keeps under review the prospects of UN Security Council action referring the situation in Burma to the ICC. It would be possible for a future Burmese government to make a declaration to the ICC asking it to investigate the actions of the current Burmese military regime.