Agenda Item 150: Establishment of an International Criminal Court

Statement by H.E. Dr. Ivan čimonovi

Permanent Representative of the Republic of Croatia

New York, October 22, 1997

Mr. Chairman,

As my delegation is taking the floor for the first time during this session, I would like to join the delegations that have preceded me in congratulating you and other members of the Sixth Committee Bureau on your election to your respective posts. We are confident that the Sixth Committee will proceed smoothly under your leadership. I would also like to thank Mr. Boss, Chairman of the Preparatory Committee, under whose effective guidance, new progress has been made in the work of the Committee. I also extend thanks of the Croatian delegation to the Chairmen of the working groups of the Preparatory Committee and the Secretariat.

The recent tragic events in my country and neighboring Bosnia and Hercegovina, as well as in Rwanda, have triggered world public opinion regarding the protection of human beings in turbulent times and have given crucial impetus for the acceleration of the work on the establishment of such an international judicial body. It is not until now, at the end of twentieth century, that an accumulation of indispensable political readiness and determination for the establishment of an international criminal court has been acheived in the international community. It is our particular responsibility to make use of this momentum.

As experience in abovementioned countries shows there is no peace and stability unless perpetrators of grave violations of international humanitarian law are brought to justice. In that respect, the International Criminal Court, which we are working to establish, should serve as a body for achieving justice. Furthermore, the Court should serve as a deterrent against the violation of international law. In that manner it shall substantially contribute to the maintenance of international peace and security.

Mr. Chairman,

My delegation welcomes the progress made by the Preparatory Committee and sincerely hopes that it will be able to complete its work before commencement of the diplomatic conference next June. However, it seems unrealistic to expect that all issues will be resolved before the commencement of the diplomatic conference.

The Republic of Croatia has always supported the establishment of an independent judicial body on the basis of the freely expressed sovereign will of States. Moreover, Croatia expresses its satisfaction with the fact that all interested States are most welcome to take part in the preparatory work. This approach will certainly contribute to the universal acceptance of the Court.

Mr. Chairman,

My delegation has stated its views on various issues related to the ICC during the Preparatory Committee deliberations. On this occasion, the Croatian delegation wishes to reiterate the key elements of its position with regard to nature of the ICC, its relation with Security Council, and the principle of complementarity.

The ICC should be established by an international treaty as an independent institution with international legal personality. The independence of the Court will certainly contribute to its universal acceptance and strengthening of its authority.

In order to achieve the universal acceptance of the Court, its Statute has to reflect all the major legal systems. Legal concepts and rules taken from these legal systems must be harmonized with existing international law, so as to avoid attempts to apply certain concepts incompatible with international law. The Statute of the Court should reflect basic principles of international law and the Court should function within the existing world legal order. The more compatible it is with established international law the more likely are its prospects to success. Furthermore, provisions of the Court's Statute have to be clear and unambiguous to all lawyers, whichever legal systems they come from.

As independent body the Court should be closely linked to the UN, which should, in accordance with its goals and purposes and on the basis of separate international treaty, ensure the Court's financing.

In the view of my delegation, the Security Council should be able to refer to the Court those crimes that fall within its competence, without prejudice to the freedom of States to lodge complaints whenever they consider that there is a reasonable basis for prosecution. Moreover, the Security Council's veto power should not interfere in any manner with the proceedings before the Court. The Court will be effective only if it is an independent body free of political influence and pressure. A situation to the contrary could undermine its credibility, authority and independent functioning. Nonetheless, the Court, as a body with jurisdiction over individuals, should respect Security Council resolutions and decisions taken in accordance with its powers contained in the Charter of the UN. In addition, the Court shall not be authorized to exercise any authority possessed by any of the UN organs, simply by virtue of its establishment under UN auspices. In order to be effective, in the view of my delegation, that futur

e Court must confine itself to the authority specifically delegated to it.

A unique convergence of idealism and pragmatism is required for the establishment and successful functioning of the future court. Idealism, because the very notion of such a court is based upon a universalism that tugs at the conscience of mankind and calls for commonn action in the interests of justice. Pragmatism, because we live in a world made up of sovereign states and an international legal system constucted around such a political and legal reality.

Therefore, it is with these principles firmly in mind that my delegation supports the view that the Statute of the Court should contain precise provisions on the principle of complementarity. These provisions should be primarily based on the principle of State sovereignty, a fundamental principle of international law which is embodied in the Charter of the UN. It is the Croatian view that States bear the primary responsibility to prevent violations of international law and to punish perpetrators of crimes. Therefore, resort to the Court should be made only when national systems are unavailable, unable to provide due process of law, or when they act male fide.

Mr. Chairman,

The Croatian delegation expresses its satisfaction with proposed date for the holding of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court. There is an urgent need in the international community for establishing the court.

We are particularly pleased that the establishment of the Court will coincide with the fiftieth anniversary of the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, which itself envisaged the establishment of an international criminal court.

My delegation would like to thank the Government of Italy for its generous offer to host the Conference and welcomes the steps undertaken by the Government of Italy to bring the conference to fruition. The Croatian delegation maintains that the participation of NGOs and other relevant organizations, in the same manner as they participated in the work of the Preparatory Committee, is desirable.

Thank you.