Ireland has still not ratified the statute setting up an International Criminal Court, although the electorate voted for it in the referendum held on the same day as the Nice referendum last June.
The function of the court, which can be established when 60 states have ratified it, will be to prosecute war crimes and crimes against humanity.
Thirty-eight states have ratified so far.
Although it will not be able to prosecute retrospectively, the UN Commissioner on Human Rights, Ms Mary Robinson has said that, had it been in existence, it could have prosecuted those responsible for the attacks in the US on September 11th.
She said these attacks qualified as crimes against humanity.
"I would urge Ireland to expedite the ratification of the Rome Treaty as an indication of its leadership at this time when it is taking over the presidency of the Security Council," she said yesterday.
The Attorney General, Mr McDowell, told The Irish Times that legislation would be necessary before Ireland could ratify the treaty.
According to a spokeswoman for the Department of Foreign Affairs this legislation is being prepared between that Department and the Department of Justice at the present time.
The spokeswoman said it was intended that Ireland should be among the first 60 signatories, as this will allow the State to help shape the court and establish its terms of reference.
Among the 38 states that have ratified the treaty so far are 11 members of the EU: France, Germany, Spain, Italy, the Netherlands, Belgium, Luxembourg, Austria, Sweden, Denmark and Finland.
The UK has not ratified it.
Other ratifying states include Argentina, Canada and South Africa.
During the conference in Rome on setting up the court, the United States and Israel were among the countries opposed to it.
Once it is established through ratification by 60 states, the court may exercise its jurisdiction if asked to investigate an alleged war crime or crime against humanity by one of the states which has ratified it.
It may also exercise its jurisdiction if asked to do so by the Security Council of the United Nations, or if the prosecutor has initiated an investigation.
The role of the prosecutor is one of the innovative aspects of the International Criminal Court, and resembles the role of prosecutors in certain other European countries, such as Italy, who can initiate investigations independently.
Once the court is established, an assembly of the ratifying states will elect a prosecutor and a deputy prosecutor.
The office of the prosecutor will be independent.
It may initiate investigations in situations where neither a ratifying state nor the Security Council of the United Nations is willing or able to do so.