Item153: Establishment of an International Criminal Court

New York, Wednesday 21 October 1998

Mr. Chairman,

The New Zealand delegation associates itself with the statement delivered earlier

by Ambassador Slade on behalf of the delegations of Samoa, Federated States of Micronesia, Australia, Fiji, New Zealand, Solomon Islands and Vanuatu. [...]

We are pleased that the Court will have jurisdiction over genocide, crimes against humanity and war crimes, and that there is a willingness to discuss further the issue

of aggression. Regrettably, recent events have shown us that such crimes remain a feature of the 20th century. We are indebted to the International Committee of the Red Cross for the expertise they brought to the negotiations particularly in the area of war crimes. We would, it must be acknowledged, have liked the Statute to have been wider in scope, and to have included in particular specific reference to the use of nuclear weapons as a war crime. We hope that at in some stage in the future this, and the use of landmines, can be brought within the ambit of the Court.

We had also sought to give the Court jurisdiction over acts of terrorism, and welcome the recognition by the Conference that terrorist acts, by whomever and wherever perpetrated and whatever their forms, methods or movies, are serious crimes of concern to the international community.

The Statute does not go as far as we would have liked in terms of the exercise of its jurisdiction. We recognise, however, that certain compromises had to be made, and we hope that these will enable, over time, universal participation in the Court.

We are pleased that the Statue recognises that specific consideration needs to be given to the protection of victims, in particular women and children. We also welcome the requirement that women be fairly represented amongst the judiciary on the Court.

It has been our view that for the Court to be able to function effectively, the Prosecutor must be given appropriate powers. In our view the Statute reflects this in a way which should allay concerns that others may have. We are confident that the safeguards in the Statute will ensure against any abuse of these powers. We have no reason whatsoever to believe the integrity and professionalism shown by the Office of the Prosecutor for the War Crimes Tribunals will not be repeated for the International Criminal Court.

Mr. Chairman,

While the adoption of the Statute is a great achievement, we can not afford to become complacent. It remains up to the international community to ensure that the sound foundation on which the Court is built, and which successfully merges a number of legal systems, is put into practice. It is essential, first, that the Preparatory Commission be set up with appropriate resources and sufficient time to complete the important tasks entrusted to it, This must be a matter of priority.

Second, decisions must be taken on funding which enable the court to function adequately from the start, and with certainty.

Third, and fundamental to the effectiveness of the Court, we urges States to demonstrate their commitment by signing the Statute and setting in train the domestic processes required for ratification. In that light, I am pleased to report that New Zealand signed the Statute in Rome on 7 October. [...]