Permanent Mission of Brazil

to the United Nations

Statement

By Counsellor Paulo Roberto da Fontoura

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

New York 21 October 1999

Mr. Chairman,

My Delegation wishes to associate itself with the statement by Mexico on

behalf of the Rio Group.

Mr. Chairman,

With the adoption of the Statute of Rome, last year, a 50-year aspiration

of the international community came to fruition.

In 1948, the work of the ad hoc tribunals set up after WWII inspired the first efforts to create a judicial mechanism to prosecute those responsible for acts of genocide and other atrocities.

Almost two generations later, the human tragedies in the Former Yugoslavia and Rwanda gave a decisive impetus to the sense of public outrage that culminated in the Rome Conference of 1998.

Brazil has taken an active part in the consultations and negotiations

leading up to the Rome Conference and voted in favor of the adoption of the Statute on the Court, in 1998. Despite its technical complexities, the

negotiations achieved an exemplary degree of convergence between the distinct historical background and legal traditions of the participating countries. As a result, the document strikes a delicate balance that makes it acceptable to a large majority of countries and thus paves the way for the early establishment of the Court.

The considerable number of countries that have already signed the Statute - almost ninety - is an eloquent indication of the firm determination of the international community to see the Court in action as soon as possible.

Mr. Chairman,

Brazil shares this sense of urgency.

For this reason, a seminar was held in Brasilia, at the beginning of the month to speed up and enrich the discussions on all relevant aspects. This meeting,

which was open to jurists and legal experts both Brazilian and from overseas, was also responsible for enhancing public awareness.

In this context, Brazil appreciates the support and keen interest shown by

the United Nations, whose representative at the seminar contributed in a constructive manner to the discussions. These will shortly be made available generally in the hope of stimulating those interested in organizing similar events in other countries and1 thus, enhancing Courts appeal and effectiveness.

Furthermore, the valuable lessons and conclusions that came out of the seminar will most certainly help the Brazilian Government in its deliberations on the question of signing the Statute and its subsequent presentation before Congress for ratification.

Mr. Chairman,

The barbaric acts that took place in Kosovo and East Timor only this year serve as an admonition and a challenge. The international community must strengthen its resolve not to allow such scenes that affront our most fundamental values to recur. The gravity of these atrocities, perpetrated in defiance of the United Nations and of the clamor of world public opinion, calls for firm measures.

In the next session of the preparatory committee, Brazil will once again contribute to the discussions in a manner conducive to balanced and generally acceptable solutions. It is incumbent on us to continue to develop consensual formulae to strike a balance between the legitimate aim of dissuading and repressing massive violations and the prudence and caution indispensable to the rule of law. We therefore welcome Ambassador Philippe Kirsch's call in his report yesterday on the importance of all delegations showing flexibility if we are to arrive at the desired result as well as keep to our schedule.

My Delegation also welcomes the Chairman's decision to organize a working group on the crime of aggression. We believe this measure adequately responds to a legitimate wish of many delegations. Indeed it represents a practical acknowledgement that we are better off dealing with this complex and controversial issue sooner rather than later.

Mr. Chairman,

The work we are to carry out over the next few months will translate the determination of the world community to put an end to the culture of impunity and arrogance of perpetrators of crimes against humanity, to the common man's skepticism in seeing justice done, and to the helplessness of the victims.

The credibility and effectiveness of the Court will depend on our success.