12 June 1997
INTERNATIONAL CRIMINAL COURT PROMISES UNIVERSAL JUSTICE,
SECRETARY-GENERAL TELLS INTERNATIONAL BAR ASSOCIATION
Kofi Annan Says Genocide, 'Now Word of Our Time', Is Heinous Reality
Calling for Historic
Response
Following is the statement of Secretary-General Kofi Annan to the
International Bar Association
in New York on 11 June:
I am very pleased to have the opportunity to address your assembly on the
occasion of the fiftieth
anniversary of the International Bar Association.
And allow me to quote President Robinson of Ireland's recent address to the
graduating class of
Yale Law School: "The world needs lawyers more than the world is willing to
admit."
As you reflect on the accomplishments of your institution over the last
half-century, so too are
we reflecting on ours and how we may refine its purpose and its mission. We
are reforming our
United Nations, conscious of our heritage, committed to its principles and
faithful to its
foundation. That foundation is the law.
It is the idea that the behaviour of States and the relations between them
shall be governed by one
law, equal and applicable to all. It is the commitment to the peaceful,
negotiated settlement of
disputes. It is the fervent hope that human rights and fundamental freedoms
may be extended to
all the peoples of the United Nations.
That is our inheritance. That is the legacy that we seek to bring to life
every day in every corner
of the world. It is our solemn duty and our highest calling.
What can we do in our time to answer this calling? How can we improve our
service to the
globe? Where can we refine, where can we refocus, where can we reinvigorate
the United
Nations?
Those are the questions that lie at the heart of our current reform effort.
The answers, I believe,
will chart the path of our United Nations for years to come.
We are living through a remarkable period in the advancement of
international law. Great strides
have been made in refining its writ, expanding its reach and enforcing its
mandate.
The challenges of the future -- narcotics, disease, crime and international
terrorism -- are
increasingly recognized as transnational challenges. As that recognition
has grown, so too has
the realization that international law is a vital tool in the global effort
to meet tomorrow's
challenges.
The response to our common challenges must not only be global, but also
unified. Through the
United Nations, Member States have coordinated legal measures and
established lasting norms
for State behaviour and inter-State relations.
The United Nations has ever since its inception been at the forefront of
codifying international
norms. Indeed, we celebrate this year the fiftieth anniversary of the
International Law
Commission.
The Charter of the United Nations envisioned a profound role in the area of
international law,
calling upon the General Assembly -- and I quote: "to initiate studies and
make recommendations
for the purpose of ... encouraging the progressive development of
international law and its
codification."
Over the last 50 years, the International Law Commission has pursued this
mission with great
success, setting forth basic rules in most of the key areas of
international law. These rules have,
in turn, served as the basis for global treaties, governing State
activities in fields such as maritime
navigation, marine oil extraction and the provision of drinking water.
Indeed some of these treaties -- such as those regulating diplomatic
matters -- may be said to
form the very foundation of the practice of international relations.
Tonight I would like to share with you my ideas on one vital aspect of the
United Nations
aspirations for international law -- an aspect that I personally have great
hopes for: the creation of
an International Criminal Court.
There can be no global justice unless the worst of crimes -- crimes against
humanity -- are subject
to the law. In this age more than ever do we
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recognize that the crime of genocide against one people truly is an assault
on us all -- a crime
against humanity.
The establishment of an international criminal court will ensure that
humanity's response
will be swift and will be just.
For nearly half a century -- almost as long as the United Nations has been
in existence -- the
General Assembly has recognized the need to establish such a court to
prosecute and punish
persons responsible for crimes such as genocide.
Many thought, no doubt, that the horrors of the Second World War -- the
camps, the cruelty, the
exterminations, the Holocaust -- could never happen again.
And yet they have. In Cambodia, in Bosnia and Herzegovina, in Rwanda. Our
time -- this
decade even -- has shown us that man's capacity for evil knows no limits.
Genocide -- the destruction of an entire people on the basis of ethnic or
national origins -- is now
a word of our time, too, a heinous reality that calls for a historic response.
In the absence of an international criminal court, the Security Council
acted to establish two
ad hoc international tribunals, for the former Yugoslavia and for Rwanda.
These tribunals have
made significant progress and are setting an important precedent. War
criminals can and will be
brought to justice.
They cannot complete their task, however, without the swift and complete
arrest of all indicted
criminals. I would like to use this occasion, once again, to call on all
countries concerned to
surrender suspects within their jurisdiction. True justice demands no less.
May I also take this occasion to applaud strongly the frank and candid
appeals made by my friend
United States Secretary of State Madeleine Albright on the subject of war
crimes during her
recent visit to the Balkans.
Peace and justice are indivisible. They are indivisible in the former
Yugoslavia, in Rwanda -- in
all post-conflict situations where the dawn of peace must begin with the
light of justice.
The international criminal court is the symbol of our highest hopes for
this unity of peace
and justice. It is a vital part of an emerging system of international
human rights protection. It
will ensure that indicted criminals suspected of genocide in any country
can be tried and
convicted.
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Great progress has been made since the 1994 draft statute on an
international criminal court
prepared by the International Law Commission. The General Assembly has
decided to convene a
conference of plenipotentiaries in 1998 to adopt a convention on the
establishment of an
international criminal court.
That conference will coincide with the fiftieth anniversary of the adoption
of the Convention on
the Prevention and Punishment of the Crime of Genocide. I cannot think of a
more solemn, more
significant occasion for the world to take the final step towards global
justice. The creation of an
international criminal court will not only complete the vision of the
Genocide Convention: it
will bring that vision into reality.
In the prospect of an international criminal court lies the promise of
universal justice. That is the simple and soaring hope of this vision. We
are close to its realization. We will do our part to see it through till
the end.
We ask you, as lawyers and tribunes of justice to do yours in our struggle
to ensure that no ruler, no State, no junta and no army anywhere can abuse
human rights with impunity.
Only then will the innocents of distant wars and conflicts know that they,
too, may sleep under the cover of justice; that they, too, have rights and
that those who violate those rights will be punished.
Allow me to conclude by congratulating you, the representatives of the
International Bar, on the fiftieth anniversary of your association. May the
next 50 years be as fruitful and progressive as the last.