Permanent Mission of the Kingdom

Of Lesotho to the United Nations

Statement

By Mr. Phakiso Mochochoko

Representative of the Kingdom of Lesotho

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

New York 21 October 1999

Mr Chairman,

Today, my delegation once again welcomes the opportunity to speak on Agenda Item 150,entitled " Establishment of an International Criminal Court". We thank Amb. Kirsch for his report on the work of the Preparatory Commission and commend him

for his excellent stewardship of the Preparatory Commission over the last two

sessions. My delegation fully associates itself with the statement made by the representative of Mozambique on behalf of SADC.

Mr Chairman,

As we speak today, the world continues to witness the most horrific mass crimes. Violence has occasioned death and suffering on a scale unprecedented in human

history. Civilian populations have become the main targets and direct victims of fighting between hostile armies, with women suffering in disproportionate numbers from being subjected to atrocities that include organized rape and sexual exploitation. Pre-meditated murders and mutilations have become a common

feature of today's conflicts. Yet, the perpetrators of these atrocities still walk free. For these reasons, and following the overwhelming endorsement by 120

nations in Rome last summer to set up the ICC, the early establishment of the Court should now be our top priority. Having thus taken the first giant step in an effort to end this impunity, it is necessary that further steps be taken to ensure that the treaty comes into force as soon as possible.

It is thus a timely development that we should be exploring effective ways of ensuring that the ICC becomes a reality before the turn of the century. By now we are all aware that this is not going to be as simple as it sounds. Between now and June 2000, a lot of hard work remains to be done. In particular, work on the Rules of Procedure and Evidence and Elements of Crime have to be finalized by this date. The focus of the Prepcom should thus continue to be on these two

topics. In this regard, it is crucial that adequate time and resources be allocated to enable the Commission to finalize its work on these two issues by the due date. We share the view that two sessions of three weeks each next year as well as an intersessional meeting will ensure timely completion of the remaining issues.

Mr Chairman,

Having listened to statements during the debates of the General Assembly as well as to the statements made so far in this Committee, my delegation is convinced that the establishment of the ICC remains one of the most important items on the agenda of the international community and that the momentum for the early establishment of the ICC remains unabated. It is gratifying to see that just over a year since the conclusion of the Rome Treaty creating the ICC, 88 states

have reaffirmed their commitment to supporting the Court by signing the Treaty, while 4 have already ratified it. Signing is a necessary prelude to ratification which in turn is necessary for the entry into force and functioning of the Court. We thus encourage states that have not yet signed the Statute, to do so as soon as possible. The challenge for all signatories of the treaty is to

transform the Court from a promise to reality by completing the ratification process.

Lesotho has consistently advocated the early establishment of the ICC and remains committed to the achievement of this goal. We are amongst the countries that have already signed the Statute and we have every intention to abide by the terms of the ICC Treaty. To this end, we have initiated the groundwork for the ICC national implementing legislation based on the Model developed by the SADC Intergovernmental Meeting of Experts held in Pretoria in July 1999.

Steady progress is being made on the drafting of implementing legislation and it is expected that the necessary ratification papers will be presented to Cabinet

for approval by the end of this year, thus paving the way for Lesotho's ratification of the Statute as soon as possible.

We are encouraged by progress made during the second session of the Commission in August. We encourage delegations to the forthcoming sessions of the

Preparatory Commission to show more flexibility so as to facilitate more tangible results. We also encourage delegates to address the concerns of those who are still skeptical of the ICC in order to bring all states on board. To this end, those who still remain outside the ICC should be constructively engaged with a view to finding ways to enhance the uniiversality of the Court. This however should not be at the expense of undermining the integrity of the Statute and the delicate balance agreed to in Rome.

For its part, Lesotho is ready to play its role in finding solutions to some of the unresolved issues.

Mr Chairman,

Participation by all delegations in the ICC process at this stage remains as important as it was prior to and including Rome. The Trust Funds created prior to Rome covered accommodation and travel expenses of delegates and thus went a long way in ensuring participation by a maximum number of delegations. It is regrettable that no new contributions have been received since Rome, hence the Fund for Least Developed Countries can no longer afford to pay for costs of accommodation. This can not but affect the level of participation of delegations who benefited from this fund. We thus support the call for states to make voluntary contributions to the trust funds in order to meet the costs of participation in the work of the Commission of experts from least developed countries.

In conclusion, Mr Chairman, it is my delegation's fervent hope that the international community's stamina, determination and political will

demonstrated in Rome will remain unabated and that the Court will be established much sooner than envisaged.