General Assembly Session 62 meeting 43

Mr. Tavares (Portugal)

At the outset, I would like to congratulate the President of the International Criminal Court.

Today I have the honour to speak on behalf of the European Union. The candidate countries of Croatia and the former Yugoslav Republic of Macedonia, Turkey, the countries of the Stabilization and Association Process and potential candidates Albania, Bosnia and Herzegovina, Serbia and Montenegro, the European Free Trade Association (EFTA) country Iceland, member of the European Economic Area, as well as Ukraine, Moldova, Armenia and Georgia align themselves with this statement.

The European Union (EU) is firmly committed to ending impunity for the most heinous crimes of concern to the international community. The International Criminal Court (ICC), created almost ten years ago, is one of the greatest achievements in the fight against impunity. The EU reiterates its strong support for the work of the Court.

The importance of the ICC should be seen within the wider context of international order. The Court is importantly placed to contribute to a more peaceful and just world, promoting respect for international humanitarian law, human rights and the rule of law. The European Union remains convinced that peace and justice are not conflicting goals, quite the contrary. In our view, sustainable peace cannot be achieved if the demands for individual accountability for the most serious international crimes are not duly addressed.

States have the primary responsibility for bringing offenders to justice. The ICC will only step in as a last resort, if States fail to carry out their duty. The ICC plays a significant role in ensuring accountability where national judicial systems have failed or are not willing or able to function. As for deterrence and prevention, the European Union views the ICC as an essential instrument for the prevention of genocide, crimes against humanity and war crimes.

The European Union expresses its appreciation to the Court for its report (A/62/314). The report clearly demonstrates that the Court is a living institution that has achieved substantial progress in its investigations and judicial proceedings. In this respect, the EU shares the Court's concerns in relation to the outstanding arrest warrants arising from the ICC's investigations in Darfur and Uganda. The EU urges all parties to work with the Court to ensure that these individuals are brought to justice as soon as possible. The EU emphasizes the obligation on the Government of Sudan to cooperate with the Court under the terms of Security Council resolution 1593 (2005).

The 105 States party to the Rome Statute and the four situations before the Court represent significant achievements for a young Court. In this context, we would like to underline three key developments in the situation in the Democratic Republic of the Congo. The trial against Mr. Lubanga Dyilo is under preparation, and four victims participated in the hearing through their legal representatives. This was the first time in the history of an international criminal court that victims participated in proceedings in their own right, without being called as witnesses. In that connection, the EU also welcomes the arrest and transfer of Germain Katanga to custody of the ICC custody on 18 October.

The European Union echoes the Secretary-General's statement marking the fifth anniversary of the Court, in which he said that the ICC had already established itself as a centrepiece of a system of international criminal justice. The EU welcomes the Court's increased cooperation with other international and hybrid tribunals in particular the Special Court for Sierra Leone.

We all agree that the Court has taken its first well-grounded steps and that the report shows its achievements. The Court, however, relies critically on effective cooperation and assistance by States, as well as on the United Nations and other international and regional organizations.

As the ICC does not have an enforcement capacity, assistance is particularly needed for the arrest of suspects, the provision of evidence, the relocation of witnesses, the protection of victims and the enforcement of sentences. We stress the importance of cooperation by States Parties and non-States Parties with the Court, both in general and as regards specifically the execution of arrest warrants.

Furthermore, the EU appreciates the deepened cooperation with international organizations, in particular with the United Nations. The United Nations is a critical partner to the ICC in the field, as it may be in a position to provide the Court with evidence or logistical support. The EU invites the Secretary-General to make this support even more tangible on the ground.

The EU and the ICC concluded an agreement on cooperation and assistance in April 2006. The European Union encourages other relevant organizations, including the African Union, to formalize their cooperation with the Court.

The European Union is a strong and active advocate for the universality of the ICC and a dedicated defender of the integrity of the Rome Statute. The EU reiterates its call for the universal ratification of the Rome Statute, as well as of the Agreement on the Privileges and Immunities of the Court. The EU recalls its Common Position and Action Plan to support the Court, as well as the array of instruments at its disposal to promote the universality and integrity of the Rome Statute.

The EU also welcomes the ICC's intensified efforts relating to its outreach activities in the field. Reaching out to societies and people affected by crime is paramount for the successful discharge of the wider mandate of the Court. In that respect, the Court's activities are particularly important when it is reaching out to victims, who have a unique role under the Rome Statute.

The European Union wishes to thank Liechtenstein for organizing the intersessional meetings of the Special Working Group on the Crime of Aggression, held at Princeton. Those meetings have proved to be highly conducive to the preparation of provisions relating to the crime of aggression, the definition of which is of interest to the entire United Nations membership. The EU is committed to contribute to the finalization of the work on the crime of aggression and will support solutions that are consistent with the letter and the spirit of the Rome Statute and the United Nations Charter.

The EU would like to underline once again that cooperation and assistance by all of us, the United Nations and other international and regional organizations, remains vital if the Court is to successfully carry out its activities.

Mr. Sealy (Trinidad and Tobago)

Trinidad and Tobago has the honour and the privilege to speak on behalf of the members of the Caribbean Community (CARICOM) that are States parties to the Rome Statute of the International Criminal Court (ICC) on the report of the Court contained in document A/62/314.

That report, which is issued in keeping with article 6 of the Relationship Agreement between the United Nations and the ICC, provides relevant information on the activities that the Court has carried out during the past year as it has sought to discharge its mandate in accordance with the provisions of the Rome Statute. We acknowledge the role of the ICC as the only permanent international tribunal charged with the responsibility to prosecute individuals accused of committing the most serious crimes of concern to the international community, namely, genocide, war crimes, crimes against humanity and -- when a definition of the crime is finally adopted pursuant to articles 121 and 123 of the Rome Statute -- the crime of aggression.

On 1 July of this year, we celebrated the fifth anniversary of the entry into force of the Rome Statute. In a short period of five years, the Court has made substantial progress in putting the necessary systems in place to effect the prosecution of individuals accused of committing crimes within the jurisdiction of the Court, thus ensuring that justice is brought to the hapless victims of serious crimes, without prejudice to the rights of the accused.

In that regard, CARICOM States parties note with satisfaction the progress made by the Court in March 2007 with the confirmation of charges in the Thomas Lubanga Dyilo case, relating to the situation in the Democratic Republic of the Congo, and with the preparations for the commencement of his trial. CARICOM is further pleased to note the arrest and surrender of Germain Katanga earlier this month and the prompt commencement of pre-trial proceedings in his case.

However, we are concerned about the non-apprehension to date of those accused of committing crimes in the Darfur region of the Sudan and also in northern Uganda, despite the issuance of arrest warrants for those individuals. We are satisfied that the Prosecutor has conducted adequate investigations into those cases, and we wish to reiterate previous calls for the relevant authorities of the States concerned and other entities to cooperate with the Court in the execution of the arrest warrants and the surrender of the accused persons to face trial.

CARICOM States parties recognize and affirm the importance of cooperation between national justice and international criminal justice. The recent conclusion of the memorandum of understanding regulating the establishment and functioning of the Court on the territory of the Central African Republic is exemplary.

The jurisdiction of the ICC is, however, complementary to that of national courts. This principle, which is enshrined in article 1 of the Rome Statute, is a clear demonstration that the drafters of the Rome Statute were conscious of the sovereign right of States to prosecute their nationals accused of the commission of crimes within the scope of the Statute.

Correspondingly, we also recognize that States have a legal obligation to cooperate with the Court in several areas, including through the execution of arrest warrants, the surrender of accused persons, the transfer of prisoners, the enforcement of sentences and the protection and relocation of witnesses. In that respect, we call upon all States parties that have not yet done so to enact comprehensive legislation to give domestic legal effect to their binding legal obligations under the Statute. The enactment of implementing legislation would not only ensure that States have the legal basis for the prosecution of those accused of the commission of crimes domestically, in keeping with the well-known principle of law Nulla poena sine lege, but would also assist in negating any possible challenges to the jurisdiction of the Court in instances where a State has referred a matter to the Court. We also call on States parties and others to ratify as soon as possible the Agreement on the Privileges and Immunities of the ICC so that the Court can perform its work in their jurisdictions in an unencumbered manner.

We are encouraged by the steps taken by the Court to meet with several individuals, organizations and groups, including representatives of the African Union and of African States, in the context of the relationship agreement between the ICC and the African Union. Additionally, we welcome with appreciation the signing of the Headquarters Agreement between the International Criminal Court and the Kingdom of the Netherlands, which defines the relationship between the Court and the host State.

Over the past year, the Court has shown great resolve in becoming a truly global judicial institution. In addition to welcoming five new States parties -- including Saint Kitts and Nevis, of the CARICOM region -- the Court has embarked on an enhanced outreach programme. That has led to a greater awareness of the role of the Court, especially in the situation countries, thereby reducing any misconceptions concerning its operations, while also enhancing its legitimacy.

The preamble to the Rome Statute contemplates cooperation between the Court and the United Nations, while recognizing the independence of the Court. Consequently, we note with satisfaction the contacts made between officials of both institutions during the past year on matters germane to their respective work programmes. International confidence in the work of the Court was also strengthened with the conclusion of the memorandum of understanding between the Court and the Special Court for Sierra Leone. Through the provision of assistance for the conduct of the Charles Taylor trial, the ICC has demonstrated its commitment to assist in the fight against impunity in any part of the globe.

The sixth session of the Assembly of States Parties to the ICC will be held here at United Nations Headquarters from 30 November to 16 December 2007. We are hopeful that attendance during this session of the Assembly of States Parties will surpass that of all previous sessions because all 105 States parties and all signatory States and observer States are represented at United Nations Headquarters in New York. This will be an opportune moment for the continuation of efforts aimed at universalization of the Rome Statute.

Included among the items on the agenda of the forthcoming session of the Assembly of States Parties is the election of judges to fill the judicial vacancies occasioned by the retirement of three judges, including Judge Hudson-Phillips from Trinidad and Tobago. The Government of Trinidad and Tobago has announced, and CARICOM has endorsed, the candidature of retired Justice of Appeal Jean Permanand, a person of high moral integrity and a distinguished jurist with competence in criminal law and procedure, to fill one of those three vacancies.

CARICOM States parties are of the view that the International Criminal Court is an international judicial institution of which the international community can be justly proud. These States will continue to steadfastly support the ICC and will encourage other States, including CARICOM member States, to adhere to the Rome Statute since we are firmly convinced that it is only through the effective functioning of an institution such as this that we can put an end to the culture of impunity for these grave crimes of concern to the international community and bring peace and stability to countries where these heinous crimes have been committed.

Mr. Van Bohemen (New Zealand)

I have the honour to speak on behalf of Canada, Australia and New Zealand (CANZ). We wish to thank Judge Philippe Kirsch, the President of the International Criminal Court (ICC), for his positive and direct presentation of the report on the work and situation of the Court.

Since its creation, just five years ago, the ICC has made important progress. There are now 105 States parties to the Rome Statute of the ICC. The Office of the Prosecutor is currently investigating crimes in four situations. Arrest warrants have been issued against alleged perpetrators in three of these situations. In January this year, the Court confirmed charges of war crimes against Thomas Lubanga Dyilo, a former Congolese militia leader. We await his trial, the first ever before the International Criminal Court, due to start in early 2008.

CANZ welcomes and commends the recent action by the Government of the Democratic Republic of the Congo to surrender Germain Katanga to the Court. This surrender provides a timely example of the results that can be achieved with the cooperation of the situation country.

Canada, Australia and New Zealand acknowledge, however, that the ICC continues to face major challenges. Perhaps the most significant of these arises from the fact that the Court is heavily reliant on support and assistance from States and, on occasion, from international organizations and others, in order to fulfil its mandate under the Rome Statute. This is well-illustrated by the current situation with the six outstanding arrest warrants for the Darfur and Uganda investigations. The ICC can succeed only if perpetrators believe it has the power to act. This requires the cooperation of all States to give effect to arrest warrants and assist with other ongoing investigations.

CANZ calls on the Governments of Sudan and Uganda to play their part in the ICC's work to bring an end to impunity for the most serious international crimes. In particular, we urge the Government of the Sudan to take all steps to arrest Minister of State for Humanitarian Affairs, Ahmad Harun, and militia leader, Ali Kushayb, and transfer them to the Court for trial. Acting on these arrest warrants will demonstrate not only respect for the rule of law but also support for international criminal justice generally.

Canada, Australia and New Zealand consider that support for and cooperation with the Court is critical to its success, although such support can take a variety of different forms. For example, New Zealand recently signed an agreement with the ICC to provide specific cooperation. We would encourage all States parties to consider what practical measures they can take to support the work of the Court.

The ICC has continued to develop cooperative relationships with a number of international courts and tribunals. A unique and unprecedented level of cooperation exists between the Court and the Special Court for Sierra Leone. We welcome the assistance the ICC is providing to this Special Court in relation to the trial of Charles Taylor. We see this as helping to achieve the broader goal of combating criminal impunity which underpins the very establishment of the ICC.

Universal ratification of the Rome Statute is also crucial to the ICC's success. If we are to ensure that the perpetrators of the most world's most egregious crimes are denied a safe haven, we must step up our collective efforts to promote the universality of the Rome Statute. In that regard, Canada, Australia and New Zealand welcomed, at last year's assembly of States parties, the adoption of the plan of action for achieving universality and full implementation of the Rome Statute. Since then, we have also welcomed Japan as a party to the Rome Statute. We hope that Japan's accession will encourage additional States to join, particularly States from Asia.

Canada, Australia and New Zealand have continued their efforts at the regional level to encourage further ratifications. For example, Australia recently took the opportunity presented by the ICC's Prosecutor's visit to Australia in August, to convene a regional seminar attended by 70 officials from the Asia-Pacific, including ministers and senior Government officials, to promote accession to the Rome Statute.

Since September 2000, Canada's International Criminal Court and Accountability Campaign, funded by Foreign Affairs and International Trade Canada, has provided more than $4.3 million in funding to support events and projects that promote ratification and implementation of the Rome Statute, assist with the effective functioning of the Court and other international criminal tribunals and provide education and outreach related to the ICC and other international criminal tribunals.

CANZ will continue to provide the ICC with our strong and unwavering support. We call on all Member States to do the same.

Mr. Wenaweser (Liechtenstein)

I would like to thank the President of the International Criminal Court (ICC), Mr. Philippe Kirsch, for presenting the report of the ICC to the General Assembly today.

The Court has continued to make important progress in its operations and judicial work. This is evidenced, in particular, by the situation regarding the Democratic Republic of the Congo. We note with satisfaction the recent surrender of a second indicted person in that situation, which will give the ICC a further opportunity to prove its excellence.

We commend all organs of the Court for their highly professional, independent and impartial work over the last year. Indeed, we have no doubt that the ICC is working in the manner envisioned by the drafters of the statute and its activities in The Hague and in the field clearly have an impact on the situations under consideration, but also a preventative impact in general.

As outlined in the ICC's report, the Court continues to rely and depend on cooperation by States and international organizations with respect to the operational aspect of its work, in particular, arrest and surrender. We note with great concern that currently six arrest warrants are still awaiting their execution. For some of them, this has been the case for more than two years. This state of affairs is unacceptable. We call upon all States, parties and non-parties alike, as well as on other relevant actors, such as the Security Council, to consider the consequences of such inaction at this juncture. The commitment to end impunity for the worst crimes is as relevant today as it was at the time of adoption of the Rome Statute.

In Rome, we sent a clear signal to past and potential future perpetrators of such crimes that they will not get away with their actions. The Statute has, furthermore, given a firm legal answer to what some like to refer to as the "peace versus justice" dilemma, in the form of a legal obligation to cooperate with the ICC, in particular, regarding arrest and surrender. This obligation is not negotiable and must be fully implemented.

As far as the United Nations is concerned, cooperation is required at the technical level, as regulated by the United Nations-International Criminal Court Relationship Agreement, as well as at the political level.

The Security Council has a very important role to play in this respect. Both the Rome Statute and the Relationship Agreement envisage a mutually beneficial relationship between the ICC and the United Nations, reflecting the nature of the Court as an institution that promotes and delivers justice, based on the principle of complementarity, and thereby contributes to peace and security.

Liechtenstein has always strongly supported the International Criminal Court, and continues to do so as the Court begins to leave its mark in the system of international institutions. We welcome Japan as the 105th State party to the Rome Statute and call upon other States that have not yet ratified the Statute to consider doing so in the near future. We fully respect the approach of some States that continue to evaluate the merits of ratification or accession and the difficulties attached thereto, and encourage them to enter into a dialogue with the Court and with other States parties with a view to addressing any concerns. While the number of States parties will continue to rise, it can already be clearly stated that the entry into force of the Statute has brought about a paradigm shift towards the rule of law that is irreversible.

We look forward to the sixth session of the Assembly of States Parties to the Rome Statute, to be held here at Headquarters from 30 November to 14 December 2007, and we hope that all States will use this opportunity to participate actively, as members or as observers. In this respect, we will once again place great emphasis on the work on the definition of the crime of aggression. Our mission in New York organized for the fourth time an intersessional meeting on the crime of aggression at Princeton University in June 2007, where further progress was made on this important question. We look forward to the continuation of this constructive dialogue among States parties, as well as non-States parties, as we get closer to the Review Conference.

Mrs. Nguyen Thi Thanh Ha (Viet Nam)

Five years ago, the Rome Statute of the International Criminal Court (ICC) entered into force, marking an historic event in the development of international criminal law. My delegation today thanks Judge Philippe Kirsch, President of the ICC, for having presented the Court's report, submitted to the General Assembly in document A/62/314. My delegation also shares the view expressed in paragraph 4 of the report, which states that

"By helping to put an end to impunity for the perpetrators of the most serious international crimes, the Court is intended to contribute to the prevention of such crimes and to the maintenance of peace and security".

By 1 October 2007, the number of States parties to the Rome Statute reached 105, a figure demonstrating the strong support of United Nations Member States for the Court. The activities of the ICC, as shown in the report, once again reaffirm the view of the United Nations Secretary-General that the Court is a centrepiece of a system of international criminal justice. So far, four situations have been referred to the Court. The vast amount of communications relating to purported crimes that the Court has been receiving also testifies to its increasing prestige. Cooperation between the ICC and the United Nations, States, international organizations and civil society continues to be promoted.

While taking note of the substantial progress made by the International Criminal Court, it should be emphasized that the Court's jurisdiction will not be complete until the crime of aggression is defined and included in the Rome Statute. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute has made great efforts to define the act of aggression and the conditions for the Court to exercise jurisdiction over this crime. The sixth session of the Assembly of States Parties, to be convened in New York at the end of this month, is expected to offer another opportunity for fruitful discussions of this important, unsettled part of the Court's jurisdiction.

Viet Nam has been following the development of the ICC with great interest. We have stated our support many times for an independent and objective international criminal court that complements national juridical systems and operates in accordance with the fundamental principles of international law. In fact, the competent authorities in Viet Nam are seriously studying the possibility of acceding to the Rome Statute. We take particularly great interest in the work of the Special Working Group on the Crime of Aggression and support General Assembly resolution 3314 (XXIX), adopted at its twenty-ninth session, as an important guide to the Group's substantive work.

Mr. Maurer (Switzerland)

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