October 21, 1997

Statement by the Italian Delegate

Professor Mauro Politi

Mr. Chairman,

For Italy, the establishment of an international Criminal Court has always been a subject of primary importance. This is especially so this year, when the ICC project is at a crucial juncture, and the expectations of the international community and world public opinion are higher than ever. In his recent address to the 52nd General Assembly, Italy's Foreign Minister, Mr. Lamberto Dini, stated:

"For over half a century, the UN has been seeking to establish a Permanent International Criminal Court to prosecute and punish genocide, war crimes and crimes against humanity, wherever and by whomever they are committed. This is a test of our collective responsibility, made even more pressing by the terrible massacres that have characterized recent ethnic conflicts. Italy confirms its strong support, pledges its active contribution to this endeavor, and is prepared to host in Rome the diplomatic conference to adopt the Statute for the International Criminal Court".

Mr. Chairman,

We fully share the views expressed on the establishment of an ICC by the distinguished representative of the Netherlands on behalf of the European Union. With these complementary remarks, we intend only to briefly elaborate on a few specific points: namely, the ongoing negotiating process within the Preparatory Committee, the steps undertaken in preparation of the Rome diplomatic conference, and the decisions to be made by the General Assembly.

Italy is of the view that the Preparatory Committee made considerable progress in drafting the texts to be submitted to the diplomatic conference. We would like once again to pay tribute to the Chairman of the Committee, Mr. Adriaan Bos, for his excellent leadership. It is true that a number of issues are still unresolved, and choices remain to be made in important areas which directly affect the role of the Court in the system of international criminal justice, or relate to its main characteristics Resolving those issues will require a further intense negotiating effort, based on the same spirit of cooperation and understanding that has prevailed during previous preparatory meetings. At the same time, important results have been achieved, and the preparation of the text of the Statute is well advanced on a number of matters.

For example, the draft text on admissibility of cases before the Court, elaborated last August, paves the ways towards reaching agreement on one of the most controversial questions, namely the "complementarity" of the ICC with respect to national jurisdictions. Substantial progress has been registered with regard to the definition of crimes, general principles of criminal law, and rules of procedure of the Court, although this latter area remains particularly "sensitive" in light of the need to reconcile various systems of criminal procedure. We are confident that the provisions on penalties may also be agreed upon soon, on the basis of the exclusion, which we strongly advocate, of the possibility for the Court to impose the death penalty. Cooperation and assistance, and organization of the Court are among the main issues that the Preparatory Committee will discuss again at its next sessions, on the basis of previous fruitful debates. In short, we now have a solid basis for proceeding towards a successfu

l completion of the preparatory process, and the adoption of the texts by the diplomatic conference.

Mr. Chairman,

Last February, in our statement before the Preparatory Committee, we indicated the preliminary determinations made by Italy concerning the organization of the conference. In particular we proposed that the conference take place in Rome. A recommendation in this sense was adopted by the Committee. We are grateful for this response, which is proof of profound respect for the legal tradition of our country and of its capital.

Arrangements and preparations for the conference begun swiftly, in cooperation with the U.N. Secretariat. We contacted F.A.0. Headquarters in Rome, and they agreed to have the conference meet on their premises. The availability of meeting rooms, equipment, services and trained personnel at F. A. 0. is a guarantee for the good conduct of the works of the conference. We want to express our deep gratitude to the Food and Agriculture Organization for this important contribution to our endeavors. Last June, at the invitation of the Government of Italy, Secretariat units responsible for providing services to the diplomatic conference organized a planning mission at F.A.0.

Headquarters. Moreover, Italy's Government is preparing the national legislative and financial instruments for the funding of the conference, and discussions are underway with the U.N. Secretariat for the conclusion of a Conference Agreement between Italy and the United Nations.

Needless to say, we will pursue our efforts to ensure that the organization of the conference proceeds according to the highest standards of efficiency and hospitality.

Mr. Chairman,

Important decisions need to be made by the Sixth Committee and the General Assembly to facilitate the planning and successful outcome of the conference.

First, the date and duration. Considering the work to be done, and having listened to the suggestions informally received from many delegations and the U.N. Secretariat, we consider it appropriate to set a duration of five weeks, starting on June 15, 1998. In our view, this would allow sufficient time for the conference to resolve outstanding issues and adopt the Statute for the Court, while avoiding dilution of the discussions through a too lengthy period. Therefore, Italy proposes that the resolution to be adopted contain the decision to hold the diplomatic conference in Rome from 15 June to 17 July 1998.

Furthermore, the Preparatory Committee should be requested to transmit at the end of its sessions, to the diplomatic conference, a draft consolidated text of a convention for an international criminal court. The resolution should also provide for the elaboration of the rules of procedure of the conference. The U.N. Secretariat should be asked to prepare the text of such rules, to be submitted to the Preparatory Committee for its consideration, and recommendations to the conference for adoption.

Another important issue to be addressed is the participation in the conference of representatives of non-governmental organizations. NGOs have already provided an outstanding contribution to the process of establishing an International Criminal Court, and it is essential that they may continue to do so during the diplomatic conference. The arrangements for NGO Participation in the meetings of the Preparatory Committee, and the practice resulting from relevant ECOSOC resolutions and other recent U.N. conferences will provide useful guidance in addressing this question.

Above all, the participation in the conference by the largest number of States is indispensable in order to adequately respond to the demands that the creation of an International Criminal Court intends to meet. The objective is to establish an independent and effective judicial institution which enjoys universal support within the international community. We are confident that in its deliberations the General Assembly will duly take into account this fundamental element.

Mr. Chairman,

The end of this century is rapidly approaching. It has been a century of economic achievements, and sensational technological progress. But it has also been a century of wars, ethnic conflicts, massacres and persistent violations of international humanitarian law. By establishing a Permanent International Criminal Court, we now have an opportunity to redeem our era, and set a landmark for a new beginning, where justice prevails and atrocities are not tolerated. This is a goal that we must achieve, and for which present and future generations will be grateful to us.

Thank you, Mr. Chairman.