1 December 1997
UNITED NATIONS
At a Headquarters press conference this morning, the European Union
Humanitarian Affairs Commissioner, Emma Bonino, appealed for the
establishment of a permanent international criminal court. She was joined by
the President of Trinidad and Tobago, Arthur Napoleon Raymond Robinson, and
by the Minister of Justice of Senegal, Jacques Baudin.
Ms. Bonino said that the group at the press conference was part of a broader
delegation that included non-governmental organizations and parliamentarians
worldwide. Members of the delegation were scheduled to meet this morning
with the President of the General Assembly, Hennadiy Udovenko, and later
today with Secretary-General Kofi Annan. The purpose of the meetings was to
present the signed appeals that had been collected from around the world in
support of the establishment of a permanent criminal court.
(The fifth session of the Preparatory Committee on the Establishment of an
International Criminal Court -- charged by a General Assembly resolution
(50/46) with the task of drafting a text of a convention for an
international criminal court -- opened today at Headquarters and will
conclude Friday, 12 December.)
Ms. Bonino said that delegation members had lobbied parliamentarians,
politicians, and public opinion and, for the second year, the General
Assembly was expected to confirm the convening of the United Nations
conference of plenipotentiaries in Rome from 15 June to 17 July 1998. That
meeting was the result of a lengthy campaign and she hoped that the
participants would be in a position to "finally" create "a fair and
effective criminal court". The campaign had been marked by several
conferences -- in Malta, Paris and Brussels -- with the next conference
scheduled for February in Dakar, Senegal.
All efforts were being made to have an effective criminal court by June, she
added. The appeal had been published today in some major newspapers. She
strongly believed that impunity must be stopped, since it was one of the
major causes of humanitarian crises worldwide. Although some major political
problems remained in the work of the Preparatory Committee, the combination
of public opinion and institutional efforts would hopefully result in the
court's establishment.
President Robinson said that the appeal represented a "very broad spectrum"
of world opinion. On board were parliamentarians from more than 60
countries, as well as a whole range of non-governmental organizations,
international organizations, and individuals. The appeal harnessed global
sentiment on a matter involving atrocious crimes. Those crimes were
routinely viewed by children and their families via television in their
living rooms.
The appeal focused not only on the world's conscience, but "on the will of
the international community to do something about it, and to do something
about it this century", he continued. It focused attention on efforts not
only in this century, but next year's diplomatic conference in Rome. He
sought to mobilize as much opinion as possible in support of the court's
establishment. Further, he wanted to bring to the attention of the decision
makers that they had a tremendous trust and responsibility to discharge at
the conference. Asked which countries had voiced strong opposition to the
court's establishment, Ms. Bonino said it was no secret that during the work
of the Preparatory Committee some Member States -- China, for example -- had
voiced resistance to the idea. Other countries were in favour of the court,
but still had some major political problems that needed to be settled. Even
within the European Union, which was generally very much in favour of the
court, France, for instance, had certain problems. It was also no secret
that the United States was claiming it had some major problems, namely the
relationship between the Security Council and the court. It was possible
that the problem could be solved at the conference in June. Despite such
concerns, Ms. Bonino said that the idea of a permanent court was gaining
momentum. It became more and more difficult for Member States that resisted
it to "say no". She hoped that in the next six months of campaigning, more
and more Member States would "come on board". A correspondent, highlighting
another unresolved issue, asked whether the European Union had any idea how
the court should be financed. Ms. Bonino said that the financing aspect was
one of the issues to be debated in the Preparatory Committee. The general
consensus was not to have the court fall under the normal United Nations
budget, but to finance it through a trust fund. The financing shortage had
been one of the major obstructions to the establishment of the International
Criminal Tribunal for the Former Yugoslavia, set up in 1993. The financing
issue must be settled, she said. Asked whether there were additional offers
besides the one made by the Netherlands to host the court in The Hague, Ms.
Bonino said that not to her knowledge. To a further question about the
timing of the court's convening, Ms. Bonino said that time would tell
whether the forthcoming diplomatic conference in Rome would result in
signatures by Member States. Ratification procedures would then follow.
Optimistically, a permanent court would not be in place until early in 2002
or 2003. President Robinson said that he agreed with that assessment,
adding that it could never be anticipated how long the ratification stage
would take. It was, therefore, necessary to continue to mobilize and express
opinion, so that the decision makers did not escape their responsibility. It
was very important that the convention be approved next year. Following
approval and given the situations in the former Yugoslavia, Rwanda, Cambodia
and others that might possibly occur, there would be more pressure to
implement the court.