Subject: SPEECH BY EMMA BONINO AT THE U.N.
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Basic comments excerpted from Emma Bonino statement to the 6th Committee of
the General Assembly.
After having expressed congratulations and thanks for the work carried out
by the International Law Commission and for the progress made on the issue
of the International Criminal Court on which the Committee has adopted the
draft statute and in the second reading of the draft Code of Crimes against
the Peace and Security of Mankind the Italian Delegate has expressed the
opinion that once the draft code is approved it should be put under the
Court's jurisdiction.
The Honourable Emma Bonino then expressed some complementary remarks in
order to address some issues that the document raises.
- The new draft prepared by the International Law Committee is a definite
improvement over last year 's draft. It is more complete and it integrates
issues which were still unsettled and insufficiently addressed. It is
flexible in reconciling the need of an effective Court and the respect of
state Sovereignty which is a basic point in deciding the General Assembly
course of action. There are therefore no reason for the UN to delay its
approval of an appropriate instrument which would respond to the spreading
of tragedies of entire populations and the blatant violations of
fundamental human rights.
More specifically:
- as it regards the establishment of the Court and its relationship with
the UN, the Italian Government supports the solution envisaged in the draft
statute based on a treaty commitment and on the conclusion of a
relationship agreement between the UN and the Presidency of the Court..
While the idea of amending the Charter to establish the Court as a
principal organ of the UN is appealing , it implies the risk of delays. The
Court should be established as a permanent institution which will meet only
when required to consider a case submitted to it.
- On the structure and the composition of the Court, the terminology has
been simplified by eliminating the reference to the "Tribunal" and the
method of selecting the judges seems to respond to the need of impartiality
and competence. However, the rigid distinction between recruiting the
judges on the basis of their criminal trial experience or of their
competence in international law could ultimately prevent the appointment of
persons with both qualifications. The separation of trial and of appellate
functions and the fundamental principles of independence of the judges and
of the members of the Procuracy are most welcomed.
- The new draft indicates a feasible way to balance different interest and
needs in respect to the most delicate questions faced by the ILC on the
Court's competence and the States 'acceptance of its jurisdiction, point
which is at the core of he entire statute. It abandons the distinction
between treaties which define crimes as international crimes and treaties
on the suppression of conduct constituting crimes under the national law
thereby eliminating an additional layer of complexity from the system.
Another improvement is the inclusion as Annexes of the Convention against
illicit traffic in narcotic drugs and the Convention against torture.
Moreover, the new Statute grants the Court specific jurisdiction over four
types of crimes : namely genocide, aggression, serious violation of the
laws and customs applied in armed conflict and crimes against humanity.
The precondition to the exercise of jurisdiction has been streamlined an
simplified. It is also considered appropriate that the Security Council
will be entitled to refer matters to the Court, as an alternative to
establishing ad hoc Tribunals, and approach which was considered positive
in the absence of Permanent Court but which cannot answer in every case to
crimes that affront the conscience of humankind.
In conclusion, while the improvements and the ideal structure of the
International Criminal Court could be discussed for ever the time is now to
take action and create rapidly a judiciary mechanism with the necessary
authority, operational structure and instruments to punish international
crimes or at least the most serious and dangerous of them.
The Draft Statute for the establishing of the Court is ready to be
discussed by governments with the view to finalising the instruments that
will establish this new jurisdictional body. This 49th General Assembly
should start procedure for establishing the International Criminal Court by
convening an International Conference in 1995. The international community
would show full respect for human dignity and avoid any responsibility for
hideous crimes wherever they are committed. The Italian Government will be
honoured to host such a Conference.
