October 23, 1997

Statement by H.E. Mr. B.M. Msaka, Member of the Malawi Delegation

[...] Mr. Chairman,

Malawi associates itself fully with the statement made by the Ambassador and Permanent Representative of South Africa on behalf of the countries of the Southern African Development Community (SADC). In this intervention, we only wish to highlight a number of points.

The Malawi delegation is most grateful to Mr. Adriaan Bos (Netherlands), Chairman of the Preparatory Committee for the luminary manner in which he chaired the two sessions of the Preparatory Committee in February and August this year. And we are indebted to the Chairpersons of the various Working Groups for their contribution to the positive work so far accomplished by the Preparatory Committee.

Mr. Chairman, my delegation wishes to express its full satisfaction with the progress made by the Preparatory Committee. In our view, the two sessions have managed to clarify the many issues that were on the table. We, however, take cognizance of the fact that in some areas a divergence of opinion still exists. Nonetheless, this fact does not diminish the resolve of members to create an International Criminal Court without undue delay. Actually, it would seem to my delegation, such a divergence of opinion only stems from a genuine desire by each delegation to ensure that we shall have created an effective International Criminal Court.

In this regard it would be needful for members to keep an ever-present consciousness that we have before us the task of creating an International Criminal Court. To assure its universal acceptance and respect, such a Court may not necessarily conform, in all aspects, to a particular national jurisprudence. Further, it may not be helpful if members- attempted to fashion a Court that would be in concord with their own present or special circumstances or needs. We will succeed in this very important task if we embraced compromise in all its tenets.

We therefore look forward to the December and subsequent session of the Preparatory Committee. We remain convinced that the target dates envisaged in General Assembly Resolution 51/207 of 17th December, 1996 for the convening of the Diplomatic Conference could be met. This august Assembly would this Session be taking a very wise and judicious decision by confirming the dates. Such a decision would be in consonance with the preference of many delegations, including my own.

Mr. Chairman, we have had the opportunity to study the draft resolution in circulation. We are satisfied with its general thrust. More specifically, and considering the work already accomplished, we believe a period of up to six weeks would be sufficient to conclude negotiations on the draft statute. Indeed, it would be desirable to have the conference proceed for the entire period. Any break would, in our respectful submission, compromise on the momentum of the effort and would be costly to the organization and to delegations.

As a past and potential beneficiary of the Trust Fund established pursuant to General Assembly resolution 51/207, Malawi is most grateful to those countries that contributed generously to the Fund, and urges the continuation of such assistance, so that as many developing countries as the principle of universality demands, should be able to participate in this momentous development in international law and international relations.

My delegation also welcomes and encourages the participation of non-governmental organizations during the diplomatic conference. Their contribution during the preparatory phase bears testimony to their importance during the conference and beyond. Their mobilization of public interest in the Court would be vital in the efficiency and effectiveness of the Court when established.

Mr. Chairman, we wish to conclude by thanking Italy for its most generous and laudable offer to host the diplomatic conference next year. The choice of Rome as the venue has obvious historical significance in international law. We look forward to the conclusion of this important legal project in Italy's capital.

I thank you, Mr. Chairman.