Item 153: Establishment of an International Criminal Court

New York, 21 October 1998

Mr. Chairman,

I have the honour to make this statement on behalf of the following members of the South Pacific Forum which are represented at the United nations: Australia, Federated States of Micronesia, Fiji, New Zealand, Solomon Islands, Vanuatu and my own country Samoa. [...]

We welcome the news that 58 countries have already signed the Statute for an International Criminal Court, and urge other States to demonstrate their commitment by signing the Statute at the earliest possible time, and by setting in train the domestic processes required for ratification.

As we look ahead to the establishment of the Preparatory Commission, which is mandated to prepare proposals for practical arrangements for the establishment and coming into operation of the Court, we recognise that much work needs to be done. While the adoption of the Rome statute was an enormous step in the right direction, we cannot afford to be under any illusions about the amount of hard work and commitment that will be required to make this Court a functioning reality, and the continuing need for delegations to work closely together to achieve this common objective.

We note in particular that the Rules of Procedure and Evidence and the Elements of Crimes are required to be finalised by 30 June 2000. We are firmly of the view that the work of the Preparatory Commission must be accorded a high priority in the work of the Sixth Committee, and attach great importance to adequate time and resources being provided to enable the Preparatory Commission to fulfil its important mandate.

We all know that many issues under negotiation at the Diplomatic Conference were inherently difficult and elicited strongly divergent views. Yet through hard work and cooperation we achieved the creation of the Statute. Indeed, as we look ahead, we should all derive confidence from the progress already made in the adoption of the Statute, as well as from the spirit of cooperation that prevailed at the Conference, and by the pledge by delegations to continue 6to pursue the Court' s establishment as soon as possible.

We must now continue our work in the spirit of cooperation and determination to achieve our common goal. Too many atrocities have been left unaccounted for since Nuremberg and Tokyo Tribunals, and we owe it to those who have suffered, and are suffering still, to prove that we are serious about the rights of victims - and the responsibility of the international community - both to see justice done and to see potential perpetrators of international crimes deterred in the future.

WE HAVE A STATUTE. WE MUST NOW ACT TO MAKE THE COURT A REALITY.

Thank you.