Permanent Mission of Liechtenstein

to the United Nations

Statement

By Mr. Christian Wenaweser

Deputy Permanent Representative

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

21 October 1999

Mr. Chairman

We would like at the outset to welcome you in the Chair of the Sixth Committee and to express our satisfaction and pleasure to work under your competent guidance.

Mr. Chairman

When the statute of the International Criminal Court was adopted in Rome last summer, we knew that an important and indeed historic step had been made, while we were by no means at the end of the road. More than a year later, we can say that the process leading the way to the Court becoming operational is on the right track. The sessions of the Preparatory Commission have brought about good results, and lack of speed is maybe the only reservation to be made so far with regard to the work of the Preparatory Commission. While this is an almost commonplace remark on intergovernmental processes, we have to make a continued and enhanced effort to meet the deadline of June 2000 for the finalization of our work on the Elements of Crimes and the Rules of Procedure and Evidence. Likewise, continued high priority must be given to the ICC process, and we

would like to express in this context our full support for the continuation of the work of the PrepCom as outlined in the draft resolution circulated by the Dutch delegation. While the progress made has been satisfactory, we found it equally important to note that the work of the PrepCom was carried out in a very professional and business-like atmosphere. The emotionally charged climate of

Rome has been replaced by sober haggling over legal details. This new pragmatism is probably as much to the benefit of the Court as the days of Rome

were necessary for the adoption of a statute of high quality. We hope too that this is a sign of an evolving broader acceptance of the ICC - statute. We too see flaws and deficiencies in some of the provisions, but they become irrelevant when compared to the overall unique achievement which the Rome statute as a whole is. Maintaining the integrity of this statute must therefore remain an

important task for us. The Rules of Procedure and Evidence and the Elements of Crimes must thus not restrict the Court's ability to interpret applicable

international law in accordance with the letter and spirit of the statute.

Mr. Chairman

The most adequate and at this point important expression of political support for the court is of course the signature and ratification of the statute. Next to the finalization of the work of the PrepCom by june 2000, the early entry into force of the statute is the other major goal ahead of us - preferably in a manner which reflects the universal nature of the future Court.

In this respect too, the developments so far are encouraging. It is obvious that the ratification of the ICC - statute is a complex process requiring extensive and detailed legal work, which constitutes a considerable burden for many administrations. Liechtenstein signed the statute in Rome when it was opened for signature, and we have a realistic hope that we will be able to complete our ratification process by the end of next year.

Mr. Chairman

The qualities of the ICC statute have been praised time and again. One of Its most important characteristics - at least in our view - is its potential for

prevention. Impunity for and the commission of the crimes which are dealt with in the statute undoubtedly go hand in hand. The practice of impunity which has prevailed for a long time without even being seriously challenged, has suffered a number of very serious and very welcome setbacks in the recent past. An effective International Criminal Court will possibly make the most important

contribution to terminating this practice. It is increasingly understood that the root causes for armed conflicts - particularly internal ones - are complex and can include patterns of violations of human rights and crimes such as those dealt with in the statute. It is also increasingly recognized that the prevention of conflicts is not only the most efficient, but sometimes even the only viable way to deal with situations which threaten international peace and security. Seen in this context, the International Criminal Court is of unique importance indeed and its early becoming operational a collective responsibility for all of us.

Thank you, Mr. Chairman.