Item 153: Establishment of an International Criminal Court

New York, 21 October 1998

Mr. Chairman,

[...] As has been rightly pointed out by delegations, the most important part of our future work will be conducted in the Preparatory Commission. The Commission is expected to draft a number of instruments including Rules of Procedure and Evidence, and Elements of crimes. One might think that these documents are not politically important, and that they are concerned with just technical details. However, for all those who have been engaged in the ICC process, it is quite obvious that these instruments are no less important than the Statute. There are at least two reasons for this. First and obvious one is that the Statute is so constructed that the Court can never function without these documents. Second and more important point is that technical details that these documents concerned with are closely or directly connected with the independence and impartiality of the Court. We could even say that it is these documents, particularly Rules of Procedure and Evidence of Crimes, that would underpin the day-to-day

business of the Court. If we are to create truly independent and effective court, we would never be justified in saying that these documents are of secondary importance.

Japan, therefore, strongly believes that in our work in the Preparatory Commission, delegations must maintain the political commitment that they displayed in Rome. At the same time, in order to make the court universal institution supported by the international community as a whole, we have to keep those countries that could not support the adoption of the Statute in Rome in our discussion. We have to pay due attention to points raised by these delegations. Otherwise we will in the end fail to achieve our final objectives.

Japan has been actively working for the creation of an independent and effective court based upon the confidence of the international community as a whole. In discussions to be conducted in the Preparatory Commission next year, we are ready to play an active and constructive role for this one of thew most challenging tasks for the international community.

Thank you, Mr. Chairman.