General Assembly Session 59 meeting 65

The Acting President

The Assembly has before it a draft resolution recommended by the Sixth Committee in paragraph 8 of its report. We will now take a decision on the draft resolution.

The Sixth Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do likewise?

The Acting President

Two delegations have asked to speak in explanation of vote on the resolution just adopted.

Ms. Moore (United States)

For reasons well known to this body, the United States must disassociate itself from the consensus on this resolution.

Mr. Van den Berg (Netherlands)

I speak on behalf of the European Union. The candidate countries Bulgaria, Romania, Turkey and Croatia, the country of the Stabilization and Association Process and potential candidate Serbia and Montenegro, and the European Free Trade Association (EFTA) countries Liechtenstein and Norway, members of the European Economic Area, align themselves with this declaration.

The European Union welcomes the adoption of the draft resolution on the International Criminal Court (ICC) by the Sixth Committee without a vote and welcomes its adoption by the General Assembly in the same manner. We consider it essential that the ICC remain on the agenda of the General Assembly, certainly now that the Relationship Agreement between the United Nations and the ICC has entered into force. The Relationship Agreement must now be translated into practical cooperation, the process of which the European Union will promote and closely follow.

We also support the continuing exchange of information between the Court and the General Assembly. That exchange will also happen through annual reports on the Court's activities, which will be submitted to the regular session of the Assembly. Also, it is important to note that the Court will participate, as an observer, in the work of the General Assembly, including in the debates on the reports. The resolution reaffirms the observer status of the ICC to the General Assembly.

The European Union has relentlessly defended the integrity of the Rome Statute and will continue to do so. The ICC is beyond doubt the most significant recent development in the long struggle to advance the cause of justice and rule of law, thereby eradicating impunity. The European Union reaffirms its determination to obtain the widest possible international support for the ICC, inter alia, by widening adherence to the Rome Statute -- whose signatories now comprise more than half of the United Nations membership -- and to the Agreement on the Privileges and Immunities of the ICC.

At times, concerns about the Court are still voiced. Those concerns are unfounded; the Rome Statute provides all necessary safeguards against the use of the Court for politically motivated purposes. The Rome Statute contains the most comprehensive list of due process protections which has thus far been promulgated. Its prosecutors and judges are selected by and from countries committed to justice, human rights and democracy.

The Rome Statute, together with the Elements of Crime, defines the crimes falling under the Court's jurisdiction -- genocide, war crimes and crimes against humanity -- with an amount of clarity and precision unmatched by the statute of any other tribunal. The Court's jurisdiction is only complementary to national criminal jurisdictions, and the Rome Statute limits the ICC to the most serious crimes of concern to the international community as a whole. The Court may assume jurisdiction only when a State is unable or unwilling to do so. The European Union is satisfied that the ICC establishes the highest standards of competence, fairness, due process and international justice and will continue to endeavour to secure those standards.

Among others, the European Union has developed a set of principles to serve as guidelines for Member States when drafting bilateral agreements defining the conditions under which persons will be surrendered to the Court. The European Union will continue to draw attention to those guiding principles. The guidelines provide, inter alia, for the following.

First, given the scope of existing international agreements, such as the status-of-forces agreements and agreements on legal cooperation on criminal matters, including extradition, new agreements often serve no legal purpose. This should be taken into account.

Secondly, the agreements that were presented to us as drafted by the United States are inconsistent with obligations of States parties to the ICC with regard to the ICC Statute, and possibly also with regard to other international agreements to which ICC States parties are also parties.

Thirdly, the scope of persons covered by such agreements must not be excessive. It must be limited to persons who have actually been sent by a State on official business. That means that no private business people or mere tourists would be subject to adjudication.

Fourthly, agreements should contain a sunset clause.

Last and most importantly, such agreements should not result in impunity.

The European Union, in line with its Council Common Position on the International Criminal Court and its Action Plan, stands ready to help those States that might need assistance in ensuring that crimes falling within the jurisdiction of the Court do not enjoy impunity.

The European Union expresses the hope that the United States will continue to work together with its allies and partners in developing effective and impartial international justice. To that end, the European Union remains available to develop a broader dialogue on all matters relating to the ICC, including future relations between the United States and the Court.

The Acting President

The General Assembly has thus concluded this stage of its consideration of agenda item 146.