Permanent Mission of Colombia

to the United Nations

Statement

By H.E Alfonso Valdivieso

Ambassador, Permanent Representative

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

2o October 1999

Mr. Chairman,

Colombia fully supports the statement made by Mexico on behalf of the Rio Group.

The adoption of the International Criminal Court Statute in Rome was a historic event. Now, the work of the Preparatory Commission is playing an important role in achieving our ultimate goal, the entry into force of the Statute, as a

result of the combined efforts of representatives of all States, of international inter-governmental and non-governmental organizations and other representatives of the international civil society.

Mr. Chairman,

My delegation has participated very actively in the first two sessions of the Preparatory Commission. Many proposals were presented and we are very pleased

that some of them have been incorporated in the discussion papers proposed by

the coordinators of the working groups.

There are two issues of overall importance for Colombia related to the establishment of the International Criminal Court:

1. The protection of the victims and witnesses and their participation in the proceedings and reparations to victims. The administration of justice does not end at the imposition of punishment. The Court shall be there to serve the interests of international society in repressing crime but also to those of who have suffered from the heinous crimes committed.

2. Keeping children away from armed conflicts. Because of their particular

vulnerable condition, children should be protected from war, which so seriously affects their development and well being. As we stated in the last session of the Preparatory Commission, it would be advisable that in the near future the

Statute also penalize the recruitment and enlistment of children between 15 and 18 years of age. Presently, the Armed Forces in Colombia are not recruiting or including in their ranks children under the age of 18.

Mr. Chairman,

In that respect Colombia has a full commitment to keeping and increasing actions to eradicate impunity related to violations of human rights and breaches of international humanitarian law. The Government is promoting a number of

legislative initiatives, designing and adopting a domestic legislative framework for implementing the Rome Statute once it is ratified.

In an initial stage, the Government promoted the approval of a new Military Criminal Code. This law is of paramount importance for the modernization

of the Public Force, since it formalizes a criminal military justice system in accordance with the constitutional principles in force since 1991. Different governmental offices concerned with the issue, members of non-governmental human rights organizations and representatives of international organizations were heard in the process of decision making on this new law.

The new Code establishes that in no case shall the crimes of genocide, torture and enforced disappearance fall within the competence of the military criminal courts. This is in application to the principle currently in force in Colombia, according to which no superior order can operate to the effect of excluding responsibility in cases of conduct involving serious violations of human rights. In addition, the functions of investigation and judgment have been separated from those of command, to guarantee the principle of independence and impartiality in the administration of justice; victims of crimes will be able to participate in criminal proceedings, including the right to raise objections and call for evidence, and obtain reparations, and, in accordance to article 213 of the 1991 National Constitution, the new Code expressly forbids the investigation and trial of civilians by military criminal courts.

The Government is also seeking the issuing of a new Criminal Code to incorporate as autonomous criminal types crimes against humanity and breaches of international humanitarian law, including enforced disappearance, sexual abuse and rape. In addition, the new criminal code brings into accord with international law the criminalization of torture. It also increases the penalties for this crime.

In a second stage, the Government will seek the ratification of the International Criminal Court Statute.

Mr. Chairman,

We welcomed the decision to establish a working group on the crime of aggression at the outset of the next session of the Preparatory Commission. Aggression carries with it an extremely problematic process of definition. We hope that this issue will be solved through further consultations. Let me also express our desire to cooperate closely with other delegations in promptly achieving that goal.

Mr. Chairman,

My delegation knows the priorities set forth by Resolution F of the Conference of Rome and we will continue participating in a serious and cooperative

spirit to complete the instruments on Rules of Procedure and Evidence, and the Elements of crimes, by 30 June 2000.

Let me conclude by highlighting the efforts made by the United Nations Secretariat.Their support is very important for our work in the Preparatory

Commission.

Thank you.