New York, October 21, 1998

53rd Session of the General Assembly

Agenda item 153:

Establishment of an International Criminal Court

Statement

By H.E. Mr. Ernst SUCHARIPA

Permanent Representative of Austria

on Behalf of the European Union

Mr. Chairman,

I have the honour to speak on behalf of the European Union. The Central and Eastern European countries associated with the European Union, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovakia and Slovenia, and the Associated country Cyprus, as well as the EFTA country member of the EEA, Iceland align themselves with this statement.

The EU is extremely satisfied with the outcome of the Rome Conference on the Establishment of an International Criminal Court.

During the night of 17 July 1998, the international community witnessed a historic event: the adoption, by an overwhelming of States participating in the conference, of the Statute of the International Criminal Court which henceforth will be called the Rome Statute. Without doubt the Rome Statute represents a great achievement. After protracted and arduous negotiations which lasted several years a major gap in the international legal order was closed when the community of States agreed on the creation of a permanent international criminal court which is designed to prosecute and try the perpetrators of the most heinous crimes with a view to suppressing those crimes.

The results obtained in Rome hold the genuine promise of achieving a world where the interests of peace and justice will not be seen as contradictory.

The EU wants to reiterate its conviction already expressed in the final statement in Rome that such an institution will make the world a safer, a more just and a more peaceful place to live in.

We should also keep in mind that the purpose of the Court is not only to prosecute and punish those who commit such crimes, but, through its mere existence, to deter and prevent individuals from committing them in the first place. The time when cruelties and atrocities went unpunished must come to an end once and for all. The culture of impunity has no place in our world.

Indeed, the Court will add a new dimension to international relations in general and to the effectiveness of international law in particular, by reinforcing individual accountability. It's creation was necessary for the sake of progress in international relations and in order to break new ground for a brighter future for humanity.

The major achievement in Rome, would not have been possible without the large and extensive participation of delegations and the close co-operation and commitment of a great number of national and international institution as well as numerous Non-Governmental Organizations, and individuals.

We wish to express our deep gratitude to the President of the Conference, Professors Giovanni Conso, and to the Government of Italy for hosting the Conference in the historic city of Rome. The venue was without doubt conducive to the success of the Conference. We would like to pay tribute to the International Law Commission which prepared the first draft of the Statute and also to Mr. Adriaan Bos who led the negotiations in the Ad-hoc and Preparatory Committees which elaborated the working documents for the Conference with skill and patience, firmness and determination. We commend Ambassador Philippe Kirsch of Canada, the chairman of the Committee of the Whole at the Diplomatic Conference, whose efforts were of decisive importance for the successful outcome of the Conference. We appreciate very much the tireless efforts of Professor Bassiouni, Chairman of the Drafting Committee. We would like to extend our warmest thanks to all the officers of the Conference and to the able staff of the Secretariat of the Un

ited Nations.

The EU has consistently and strongly supported the idea of the creation of the ICC. The Union's commitment to the cause of the ICC was highlighted in the conclusions of the European Council in Cardiff on the eve of the Rome Conference and was confirmed when all EU Member States voted in favour of the Statute at the end of the Diplomatic Conference. This commitment was matched with concrete support that assured a very wide participation at the Conference of all interested parties.

We can assure you that we will continue our effort to enable the ICC to start its work and operate efficiently as soon as possible. Accordingly, thirteen Member States of the EU have already signed the Statute, others will follow soon. We will all do our best to complete the constitutional procedures required for ratification without delay. Consequently, we urge States to sign and ratify the Statute as soon as possible to ensure its early entry into force. For the Court to succeed in its task it will need the widest support of the international community. We express the firm hope that all States, whether or not they voted for the adoption of the Statute, will consider the benefits, in particular for international peace and security, of the establishment of a universal Criminal Court, and will take the necessary action to ensure that the court will soon become operational.

It is in this spirit that the EU forcefully calls for a prompt convening Preparatory Commission. This Commission faces a long list of tasks including the preparation of additional legal instruments for the ICC. To meet this objective, substantial legal and political input from all States will be required before the ICC can start its work. In view of the target date of 30 June 2000 set by the Rome Conference, particular efforts will have to be directed towards the elaboration both of the Rules of Procedure and Evidence and the so called "elements of crimes". To this end, we will pay particular attention to the principle of complementarity of the ICC with national jurisdiction, to the effectiveness of the procedures of the Court and to the rules relating to the victims. It goes without saying that the EU will be actively involved in the work of the Preparatory Commission with a view to ensuring an early and effective operation of the ICC.

Given the huge amount of tasks incumbent upon the Preparatory Commission, and the importance and urgency of its work, no effort should be spared to facilitate the Preparatory Commission's work. The Commission should be convened for three sessions in the course of the forthcoming year. It must have all the necessary time at its disposal in 1999. If there is need it could then be reconvened in 2000 prior to the target date of 30 June 2000. This schedule might seem ambitious, but we feel it is absolutely necessary.

In conclusion, Mr. Chairman, the European Union would like to reiterate its full support for the International Criminal Court. Let us continue working in the interest of present and future generations.

Thank you, Mr. Chairman.