Twenty-third Amendment of the Constitution of Ireland

7 June 2001 (2001-06-07)
To permit the state to become a party to the International Criminal Court
Results
Choice Votes % Yes 629,234 64.22% No 350,512 35.78% Valid votes 979,746 98.21% Invalid or blank votes 17,819 1.79% Total votes 997,565 100.00% Registered voters/turnout 2,867,960 34.78%

The Twenty-third Amendment of the Constitution Act 2001 of the Constitution of Ireland is an amendment that permitted the state to become a party to the International Criminal Court (ICC). It was approved by referendum 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 established the International Criminal Court. As its ratification would affect Ireland's sovereignty and powers and functions elsewhere in the Constitution, under the decision of the Supreme Court in Crotty v. An Taoiseach (1987), an amendment was required before it could be ratified.

Changes to the text

Insertion of new Article 29.9:

The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.

Oireachtas debate

The Twenty-third Amendment was proposed in Dáil Éireann by Minister for Foreign Affairs Brian Cowen on behalf of the Fianna Fáil–Progressive Democrats coalition government led by Taoiseach Bertie Ahern.^[1] It had the support of all parties and it passed final stages in the Dáil on 12 April.^[2] It passed final stages in the Seanad on 2 May and proceeded to a referendum on 11 June 2001.^[3]

Result

Twenty-third Amendment of the Constitution of Ireland referendum^[4]

Choice	Votes	%
Yes	629,234	64.22
No	350,512	35.78
Valid votes	979,746	98.21
Invalid or blank votes	17,819	1.79
Total votes	997,565	100.00
Registered voters/turnout	2,867,960	34.78