Summary: October 18, 2000: Statement by Mr. François Alabrune. Establishment of the International Criminal Court (New York)
Mr. Chairman,
It is my honour to speak on behalf of the European Union, Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Malta, Poland, Romania, Slovakia and Slovenia concerning the Agenda item entitled "Establishment of the International Criminal Court".
Current events demonstrate the need for rapidly establishing an international criminal court in order to guarantee effective respect for international humanitarian law and human rights. The International Criminal Court, once it is created and is fully operational, will be a powerful new instrument for dealing with and preventing the worst crimes affecting the international community. It will help to create a climate of compliance with the most basic rules of international law, humanitarian
law, human rights and the dignity of the human person. The Court, by ending impunity, will strengthen the primacy of law and contribute to the reign of peace in the world.
The provisions of the Rome Statute reflect these objectives.
The Court will have competence over war crimes committed in international and non international armed conflicts, in which women, children and the elderly are too often the principal victims. It also gives the Court competence over crimes of genocide and crimes against humanity. The Statute will therefore also apply when a government massacres its own citizens in cold blood. It contains, among others, major provisions for punishing violence of a sexual or sexist nature and contributes to the
fight against the use of children as soldiers.
The Rome Statute entrusts in the first place States with the responsibility for applying international humanitarian law and human rights and for sanctioning their violations. In many states a culture of responsibility is growing. This may be seen from the greater recourse to domestic jurisdictions in these states and the strengthening of effective legal cooperation among them. This culture of responsibility should help the Court to better perform its role, i.e. prevent the most serious crimes
which affect the international community, act in complement to national systems in punishing them, and intervene efficiently where States fail to take action.
The Rome Statute respects the balance among the different legal traditions. It fully guarantees the rights of accused persons to a fair trial. The European Union notes with satisfaction its insistence on the protection and rights of victims, especially their right to compensation and their participation in the proceedings of concern to them.
The results of the last session of the Preparatory Commission in June illustrate the continued momentum created by the adoption of the Rome Statute. Important steps have been taken to transform the Court into reality. On 30 June, the Preparatory Commission, in accordance with its mandate, has unanimously approved the draft Rules of Procedure and Evidence and the draft document on the elements of crimes. These documents only specify the content of the Statute, to which they are subordinate, and
must be read in conjunction with it. The willingness to compromise and the solid commitment of many delegations to the idea of the ICC made it possible to overcome differences of approach. The European Union is satisfied with these results.
Other steps remain to be taken.
The Preparatory Commission must elaborate other documents essential to the Court's operation : the financial rules, the administrative agreement between the United Nations and the Court, the principles governing the headquarters agreement, the agreement on immunities and privileges, and the budget for the first year of operations. It will also have to elaborate a universally acceptable disposition concerning the crime of aggression.
As the European Union has already had occasion to remark, the documents negotiated within the Preparatory Commission are not intended to amend the Rome Statute; they serve merely to define the ways and means of applying it. These documents have to be elaborated in a way which respects entirely the letter and the spirit of the Statute. The European Union reiterates its commitment to the integrity of the Statute and its willingness to cooperate constructively with all delegations in order to
reach a mutually acceptable solution to all the outstanding issues. Previous sessions showed that, where the political will exists to reach agreement, legal problems are not insuperable.
The essential step which still needs to be taken before the ICC can become a reality is to attain the sixty ratifications needed for the Statute to come into force. 21 States to date have ratified it. Several European Union member States are among these States ; the rest will soon follow. 114 States have signed the Statute, which is still open to signature until the end of the year. The European Union appeals once again all States to sign and ratify the Rome Statute.
The European Union member States and the European Commission have accordingly launched initiatives to promote the Statute's ratification. We realise that the ratification and incorporation of the Rome Statute into domestic law is a difficult task. Among the Union's member States, there are countries with a continental law and others with a common law tradition, unitary and federal States. In certain European Union member States, ratification of the Statute requires the adoption of amendments
of the Constitution or of constitutional provisions, at any case, the modification or adaptation of legal provisions. We are thus fully aware of the problems posed by the Statute's ratification. We renew our offer to share our ratification experience and the expertise we have managed to acquire in this field with any State which may be interested.
The Netherlands, as host country, is working toward the actual establishment of the Court in The Hague in the near future.
We also wish to express our thanks to the many non- governmental organisations devoted to furthering knowledge and ratification of the Rome Statute for not only their role of information and awareness- raising but also their contribution to the framing of the texts adopted by the Preparatory Commission.
The question of establishing an ICC has figured on the General Assembly's Agenda for many years. In the space of a few years we have travelled a long way - from discussing the feasibility of such an institution to the adoption of its Statute and the elaboration of the draft Rules of Procedure and Evidence and of the draft document on the elements of crimes. This would not have been possible without the participation of the delegations of all countries and the cooperation and involvement of a
large number of national and international bodies, along with numerous NGOs and personalities.
We are committed and willing to go on participating in the establishment of an efficient, operational and credible international criminal court working in harmony with the United Nations. The European Union restates its commitment to keeping the promises of the Rome Statute. These promises could only be fulfilled the day the Statute comes into effect. This is why the European Union once again insists on the importance that, taking opportunity of this Millennium Assembly, the greatest possible
number of States sign and ratify the Rome Statute.
Let us not forget that the Court's competence will extend only to crimes committed after its coming into being. Each day that goes by without its existence is one more day accorded to impunity for serious crimes concerning the whole humankind.
Thank you, Mister Chairman.
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