International Tribunals (Sierra Leone) Bill [HL]

My Lords, in intervening, rather briefly, in the Second Reading of this Bill, I do so not out of any desire to criticise it; indeed, I wholeheartedly support it and congratulate the Government not only on the role they played in bringing stability and the rule of law back to Sierra Leone, thus rendering possible the taking of legal action against those suspected of having committed crimes against international humanitarian law in that country, but also on having drawn the practical consequences of our political support by making it possible for us to enforce judgments against any of those so convicted. Far too often, fair words by Governments at the United Nations in New York are not translated into practical action by them to implement those fair words, particularly when that action may involve some costs to them either politically or financially. That we are thus willing the means as well as the ends is admirable and it could set a good example to others. I want to make one or two more general points. First, amid the gloom and perplexity that we feel when faced with the difficulties of dealing with the problems in Iraq, Afghanistan or Darfur, we tend to forget the major advances that have been madein the past 15 years since the end of the Cold Warin undermining the culture of impunity for gross breaches of international humanitarian law. The Yugoslav and Rwandan tribunals, the International Criminal Court and the hybrid tribunals set up with UN backing in Sierra Leone and Cambodia are all steps along that road. Of course, we are still a long way from eliminating that culture of impunity entirely, and no doubt difficult choices and hard cases remain to be settled along the road. But if anyone had suggested, before that trend began, that heads of state would be brought to trial before international tribunals and that leaders as well as foot soldiers would be held to account for their crimes, they would have been laughed out of court. We are, I believe, witnessing a fundamental shift in the application of international law and a very welcome one. The concept of a hybrid tribunal, set up under national law but enjoying the support and participation of the whole international community, such as in Sierra Leone and Cambodia, is clearly exceptional. It is a concept that will, one must hope, be even more exceptional now that the International Criminal Court is up and running. It is in a way a tribute to the pragmatism and flexibility with which the UN is capable of operating when the will of its members is there. How much better it would have been surely if a similar hybrid tribunal had been established in Iraq to conduct the trials of Saddam Hussein and his henchmen, and how much more widely would the justice meted out to them have been seen as fair and reasonable than has in the event been the case? Just in case that may be considered as being wise after the event, I would point out that I proposed such a course three years ago in the immediate aftermath of the invasion. I have one final point—it is a question rather. The legislation relates only to Sierra Leone and the hybrid court established by that country. Does that leave Cambodia in a somewhat anomalous situation, or have I perhaps missed something? Perhaps the Minister could throw some light on that matter when he winds up the debate.