Permanent Mission of Finland

to the United Nations

Statement

By H.E. Ms. Marjatta Rasi

Permanent Representative of Finland

On behalf of the European Union

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

New York 20 October 1999

Mr. Chairman,

I have the honour to speak on behalf of the European Union on agenda item 158,

Establishment of an international criminal court. The Central and Eastern European countries associated with the European Union - Bulgaria, Czech

Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and

Slovenia - and the associated countries Cyprus and Malta as well as the EFTA country member of the EEA Iceland align themselves with this statement.

Mr. Chairman,

The early establishment of the International Criminal Court has been forcefully called for during the past few weeks, in the Security Council debates on the

protection of children and civilians in armed conflict as well as in the general debate of the 54th session of the General Assembly. Recent events have again highlighted the urgent need to enhance respect for and implementation of international humanitarian and human rights law.

Once in existence and fully operational, the ICC will be a new and a powerful tool to address and to deter the most serious crimes of concern to the international community as a whole, thereby helping to create a "climate of compliance" with the fundamental international rules that protect human life and dignity. Breaking the impunity and establishing individual accountability for atrocities strengthens the rule of law and contributes to making the world a more peaceful place.

The provisions of the Rome Statute are clearly relevant to the type of armed conflicts which have become increasingly common today, and in which women,

children and elderly are at the greatest risk. They are also relevant to those

grim situations in which governments cold-bloodedly massacre their own citizens. The Statute provides an extensive coverage of internal conflicts, special provisions on sexual and gender-related crimes and on the use of child soldiers. It also provides the future Court with jurisdiction over genocide and over crimes against humanity committed in time of peace.

The Rome Statute recognises that the primary responsibility for ensuring the

implementation and enforcement of international humanitarian and human rights law rests with States. It is precisely in this broader framework of an emerging culture of accountability - which includes increased use of national judicial Systems and effective cooperation amongst them, implementation of universal

jurisdiction based on international Conventions, as well as the active role played by the Security Council in this context - that the ICC can make the most of its mandate, acting as an incentive and a complement to national Systems and stepping in where they fail to act, as provided for in the relevant provisions of the Statute.

The Rome Statute provides a delicate balance between common law and civil law

traditions in criminal proceedings which serves the objective of achieving full efficiency in the functioning of the future Court. The EU underlines the

importance that the Statute attributes to the rights of the accused. The EU also welcomes the emphasis on the protection and the rights of victims in the Statute, as well as the ongoing work in the Preparatory Commission on the right of the victims to reparation, and on their participation in the proceedings.

The European Union remains fully committed to the integrity of the Rome Statute and to its early entry into force. We are also committed to the realisation of an effective, functioning and credible ICC in close relationship with the

United Nations.

Mr. Chairman,

Important further steps need to be taken to make the Court a reality. The EU welcomes the steady growth of the number of signatures to the Rome Statute

as well as the first ratifications. We urge all States to sign and ratify the Statute as a matter of priority so that the entry into force of the Statute can be secured at an early date. All the member States of the EU are signatories to the Rome Statute and have undertaken to complete their respective constitutional procedures required for ratification most expeditiously, Italy having already attained that goal. Most of the other EU member States are expected to ratify the Statute by the end of the year 2000.

The ratification and proper incorporation of the Rome Statute in the national law is a substantive task. Arnong the 15 member States of the EU, both civil and common law traditions are represented, as are both federal and unitary systems. For some of the member States, ratification requires constitutional amendments. Fully aware, therefore, of the complexities related to the different constitutional

requirements, the EU stands ready to share its ratification-related experience and expertise with interested States. The member States of the EU have already offered financial and technical assistance to other States in relation to ICC ratification and will continue to do so.

The member States of the European Union as well as the European Commission have

also taken and supported a number of other initiatives promoting the ratification of the Statute. We appreciate the important contribution in this field

by the Non-governmental Organisations dedicated to promoting the awareness of the Rome Statute and its early ratification.

The member States of the EU and the European Commission have demonstrated their

commitment to the advancement of international criminal justice also by co-operating closely and providing significcant assistance to the ad hoc tribunals for Rwanda and for the former Yugoslavia. We reaffirm our readiness to consider making substantial contributions to the future work of the permanent International Criminal Court in terms of co-operation, support and assistance in all areas.

Mr. Chairman,

A lot has been accomplished in the two meetings of the Preparatory Commission for the ICC this year. Much good can be said of the serious and committed work of a great number of delegations, of the open, pragmatic and constructive atmosphere of the deliberations and of the result-oriented and effective working methods which have enabled the three working groups to produce excellent results. At the same time, it is clear that much remains to be done. During the next session of

the Preparatory Commission in November - December all efforts should be directed

towards expediting the work so that the Rules of Procedure and Evidence of the Court as well as the Elements of Crimes can be finalised by the deadline set for 30

June 2000.

The Preparatory Commission should also be allocated a necessary amount of time next

year. The EU believes that two three-week meetings of the Preparatory Commission

should be scheduled before the target date of 30 June. Inter-sessional work to facilitate the negotiations in the Commission seems also warranted, not

least in the light of the good results of earlier inter-sessional deliberations. It would also seem advisable to schedule a third meeting later in the year 2000 so as to allow the Preparatory Commission to pursue its work on the other items it has been charged with, including the definition of the crime of aggression.

Once finalised, the Rules of Procedure and Evidence will be an essential instrument to facilitate the practical implementation of the provisions of the

Statute and to provide for more detailed and specific procedures where necessary. The Elements of Crimes, as they have been formulated so far, will also usefully assist the Court in the interpretation and application of articles 6, 7 and 8. Both documents, as we have emphasised from the beginning, should be elaborated in a manner which respects fully the letter and spirit of the well-balanced provisions of the Rome Statute. The European Union reiterates its willingness to co-operate constructively with all delegations in order to reach a common understanding on the outstanding issues and to secure the finalisation of the two documents by the target date.

Mr. Chairman,

It is the fifih time that Establishment of an International Criminal Court appears on the agenda as a separate item. In the course of only a few years we

have moved from discussing the feasibility of a Court to building up the

technical underpinnings for its institution. This would not have been possible without the large and extensive participation of delegations from all countries and the co-operation and commitment of a great number of national and international institutions as well as numerous Non-Governmental Organisations and individuals. Likewise, for the Court to come into operation early and to be fully effective, the widest support of the international community is needed.

The adoption of the Rome Statute last year held the promise of changing what has

been a sad reality throughout this century, marked by unspeakable atrocities and a

practice to let the perpetrators benefit from impunity. Let me reiterate the continued commitment of the European Union to contribute to fulfilling that

promise.

Thank You, Mr. Chairman