The Twenty-third Amendment of the Constitution Act 2001 of the

Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...

is an amendment that permitted the state to become a party to the

International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to pro ...

(ICC). It was approved by

referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...

on 7 June 2001 and signed into law on the 27 March 2002. The referendum was held on the same day as referendums on the prohibition of the death penalty, which was also approved, and on the ratification of the Nice Treaty, which was rejected.

Background

The

Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the ...

established the

. As its ratification would affect Ireland's sovereignty and powers and functions elsewhere in the Constitution, under the decision of the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

in ''

Crotty v. An Taoiseach ''Crotty v. An Taoiseach''987IESC 4, 987IR 713, 987ILRM 400, 9872 CMLR 666, (1987) 93 ILR 480. was a landmark 1987 decision of the Irish Supreme Court which found that Ireland could not ratify the Single European Act unless the Irish Constitut ...

'' (1987), an amendment was required before it could be ratified.

Changes to the text

Insertion of new Article 29.9:

Oireachtas debate

The Twenty-third Amendment was proposed in

Dáil Éireann Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...

Minister for Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...

Brian Cowen Brian Bernard Cowen (born 10 January 1960) is an Irish former politician who served as Taoiseach and Leader of Fianna Fáil from 2008 to 2011. Cowen was elected to Dáil Éireann in 1984, for the constituency of Laois–Offaly and served in a ...

on behalf of the

Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christia ...

–

Progressive Democrats The Progressive Democrats ( ga, An Páirtí Daonlathach, literally "The Democratic Party" ), commonly referred to as the PDs, was a conservative-liberal political party in the Republic of Ireland. Launched on 21 December 1985 by Desmond O'Ma ...

coalition government led by

Taoiseach The Taoiseach is the head of government, or prime minister, of Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legislature) and the of ...

Bertie Ahern Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste a ...

. It had the support of all parties and it passed final stages in the Dáil on 12 April. It passed final stages in the Seanad on 2 May and proceeded to a referendum on 11 June 2001.

Result

Aftermath

The International Criminal Court came into force on 1 July 2002.

Note on numbering

The Twenty-third Amendment Bill was put to the people with the Twenty-first and Twenty-fourth Amendment Bills. This is because the Twenty-second Amendment of the Constitution Bill was withdrawn by the government during the course of debate in the Oireachtas. There was therefore no Twenty-second Amendment of the Constitution of Ireland, as the title of legislation is not changed on its enactment.

References

External links

Twenty-third Amendment of the Constitution Act 2001Oireachtas Debates: Twenty-third Amendment of the Constitution Bill 2001
{{International Criminal Court, state=collapsed 2001 in international relations 2001 in Irish law 2001 in Irish politics 2001 referendums 2002 in Irish law 2002 in Irish politics 23 International Criminal Court 23 Rome Statute of the International Criminal Court June 2001 events in Europe Amendment, 23