Permanent Mission of Ghana

to the United Nations

Statement

By Mr. Henry Hanson-Hall

Minister Counsellor

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

21 October 1999

ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

Mr. Chairman,

Ghana supports the early establishment of an International Criminal Court (ICC) that will be fully functional, effective, fair, and just - a court with workable processes to ensure that it will enjoy the support of the majority of Member States.

We recall, in this connection, that in its resolution 53/105, the GA requested the Secretary-General to convene a Preparatory Commission to discuss ways to enhance the mandate of resolution F adopted by the Diplomatic Conference

of Plenipotentiaries adopted in Rome on 17 July 1998 on the establishment of the

International Criminal Court, (ICC) and to decide, among others, ways to enhance the effectiveness and acceptance of the Court. Mr. Chairman, My delegation stresses that the integrity of the Statute must be preserved at all cost.

We commend the Secretary-General for acting promptly on this resolution and

convening the meetings of the Preparatory Commission in New York from 16 - 26

February, and 26 July - 13 August 1999.

Mr. Chairman,

We wish to record our appreciation to the Chairman of the Preparatory

Commission, Ambassador Philippe Kirsch, for his immense contribution to the work

of the Commission. We also recognize the contribution of other members of the

Bureau, and coordinators of the Working Groups on Rules of Procedure and Evidence, and Elements of Crimes, in the persons of Ms Silvia Fernandez and

Mr. Herman von Hebael. My delegation also extends its appreciation to the

Secretariat for the crucial role it is playing in the work of the Commission. The important role played by Non-Governmental Organizations in this endeavour cannot be ignored.

We are happy that the Preparatory Commission was able to consider the Rules of Procedure and Evidence which are crucial to the operations of that Court. We are happy also that the Preparatory Commission dealt with the critical aspect of the Prosecutor's work, particularly with the determination by the Prosecutor to proceed with an investigation; and the procedures to be followed in the event of an application for review of a decision by the Prosecutor not to proceed with an investigation or prosecution; and, procedures regarding the confirmation of charges. These are important issues regarding the work of the Prosecutor and they deserve the close attention given to them by the Preparatory Commission.

My delegation is further gratified that the Preparatory Commission discussions on the Elements of Crimes, particularly, the Crime of genocide and grave breaches of international law. The seriousness with which the Commission

dealt with the issue of war crimes, including war crime of willful killing, the war crime of inhuman treatment, the war crime of biological experiments and the war crime of wilfully causing great suffering, shows the determination of the

international community to combat these appalling human aberrations.

Ghana had been looking forward to and welcomes the participation of all countries in the Preparatory Commission in a spirit of co-operation and compromise. This underlies the fact that serious crimes under international law are the concern of the entire international community. We therefore congratulate the four member States which have ratified the Statute. Ghana has undertaken steps internally to ratify the statute and its subsequent incorporation in our domestic law. In this regard, we encourage all states to sign the statute and initiate the necessary ratification process for the early establishment of the International Criminal Court, not only to enhance international peace and security but more importantly to assure all citizens that they can go about their legitimate activities, secure in the knowledge that their basic human rights and safety could be guaranteed by a strong, viable and impartial International Court.

Mr. Chairman, Resolution F, adopted by the Rome Diplomatic Conference, also

requires the Preparatory Commission to prepare proposals for inclusion of the crime of aggression, including the definition of its elements and the

conditions under which the International Criminal Court shall exercise its jurisdiction over this crime.

My delegation strongly believes that whenever the crime of aggression occurs,

and by whomsoever it is perpetrated, it should be severely punished. Ghana therefore attaches great importance to this topic and joins other delegations in urging the Preparatory Commission to arrive at a generally agreed definition

of the Crime of Aggression and its related aspects - a definition which will be

clear, unambiguous and acceptable to all states. It is crucial that agreement is reached quickly and in time so that the International criminal Court would be able to exercise its jurisdiction with respect to this crime. My delegation, like other delegations, recognizes the importance of the PrepCom fulfilling its mandate with respect to the crime of aggression. The definition and clarification of the crime of aggression, would, in the view of most delegations ensure the credibility of the ICC. We therefore welcome the establishment of a Working Group which would focus on the definition of aggression for the next session of the PrepCom.

In this connection, my delegation strongly believes that the crime of aggression should be defined in accordance with the extensive provisions of General Assembly Resolution 3314 adopted by consensus on 14 December, 1974. We are

convinced that this would offer a solid basis for dialogue in our search for a

definition of the Crime of aggression.

Mr. Chairman,

In order to meet the deadline of 30 June 2000 in resolution F for the completion

of the Rules of Procedure and Evidence and the Elements of Crimes, my delegation

supports the allocation of a total of 6 weeks before 30th June and another meeting at the end of the year to conclude work outlined in resolution F.

We trust the Preparatory Commission will make further progress at its future

sessions in the same spirit of compromise as led to the overwhelming endorsement of the Rome Treaty and that the International Criminal Court will be fully operational as soon as possible to try individuals who commit the heinous crimes

of genocide, war crimes and crimes against humanity. These are grave crimes which have plagued mankind from time immemorial. The establishment of the

International Criminal Court will send a clear signal that the international community will not countenance the perpetration of these crimes with impunity.

I thank you, Mr. Chairman.