| Date | 8 December 1998 |
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Agenda item 153
Establishment of an international criminal court
Report of the Sixth Committee (A/53/634)
The Acting President
The Assembly will now proceed to take a decision on the draft resolution recommended by the Sixth Committee in paragraph 9 of its report.
I call on the representative of Colombia, who wishes to speak in explanation of position before action is taken on the draft resolution.
Mr. Valdivieso (Colombia)
My country wants to express its satisfaction with the text of the draft resolution on the establishment of an international criminal court, which emphatically acknowledges the historic significance of the decisions adopted in Rome and which promotes the efforts aimed at having the International Criminal Court begin to function, especially through the request made to the Secretary-General to convene, early next year, the Preparatory Commission in charge of preparing the additional instruments to the Statute of the Court.
The adoption of the Statute of the Court by the United Nations Diplomatic Conference in Rome constitutes a milestone in the codification and progressive development of international law, and meets the aspiration of the international community to put an end to impunity for the gravest violations of human rights.
Colombia participated in a constructive spirit in the negotiations prior to the Rome Diplomatic Conference and voted in favour of the adoption of the Statute of the International Criminal Court. It is in that same spirit that we will be working within the Preparatory Commission and making a positive contribution so that the just, impartial, independent and effective Criminal Court that we all want can be established and begin to function as soon as possible.
For all of these reasons, it is an honour for me to announce that on 10 December this year my Government will sign the Statute of the International Criminal Court, after carrying out a broad process of study and consultation with State entities and various organizations of civil society in our country.
In doing so on the very day when the Assembly will be commemorating the fiftieth anniversary of the Universal Declaration of Human Rights, the Government of Colombia wishes to underscore the importance it attaches to the establishment of the Court and its close link with the subject of human rights. On that same date, in Bogotá, the Vice-President of the Republic will officially launch the human rights policy of our Government -- the flagship programme of the new Administration.
The Acting President
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 9 of its report.
The Sixth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?
The Acting President
I call on the representative of the United States of America, who wishes to speak in explanation of position on the resolution just adopted.
Ms. Soderberg (United States)
On 21 October, the United States position on the Rome treaty to establish the International Criminal Court was explained in some detail before the Sixth Committee. Our views remain those set forth before that Committee, including our position that certain provisions of the current treaty text are unacceptable. However, we want to take this opportunity to express our appreciation to all Governments that worked so hard and in good faith to finalize the text of the resolution contained in the report of the Sixth Committee. This is a constructive resolution that merited approval by consensus.
The United States joined consensus on this resolution in significant part because operative paragraph 4 provides an opportunity during the meetings of the Preparatory Commission for a serious discussion on ways to enhance the effectiveness and acceptance of the Court among Governments. To be fruitful, that effort should enable a process to unfold, resulting in a treaty that can attract our support and that of other Governments representing large and diverse parts of the global population. We believe the effectiveness and acceptance of the Court will depend to a significant degree on the definition of the Court's jurisdiction and whether the Court addresses the fundamental concerns of a wide range of Governments. We also believe that the problems with the Rome treaty are solvable.
As we have said before, the stakes for international justice and for international peace and security are too great to accept anything but a serious effort to put this permanent Court on the right footing from the beginning. The advantages that can be derived from strong United States support for the International Criminal Court greatly outweigh any theoretical benefit derived from jurisdictional provisions that may not be effective, are objectionable under international law and run the risk of dividing us on an issue -- international justice -- that will be difficult enough to achieve even if we are in a position to act together.
The political will for international justice is clear. Now we must ensure that we can meet this enormous challenge in practice. The United States stands prepared to work with other Governments to create the most effective and most acceptable International Criminal Court.
The Acting President
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 153?
