Permanent Mission of Bulgaria

to the United Nations

Statement

By Dr. Katia Todorova

Representative of the Republic of Bulgaria

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

22 October 1999

Mr. Chairman,

I am very pleased to have the opportunity to speak on behalf of the Bulgarian Delegation about such an important matter as the Establishment of the International Criminal Court /ICC/ is.

Bulgaria supports the expressed views and suggestions in the EU Statement made by the distinguished Representative of Finland on the same agenda item. Further more, Bulgaria shares the commitment of the EU member States and the European Commission to contribute to early entry into force of the Rome Statute and to successful finalizing of the elaboration of both instruments - the Rules of Procedure and Evidence of the Court and the Elements of Crimes. As an Associated

Country, Bulgaria has aligned itself with the Statement of the EU concerning th ICC. Therefore, our Delegation would like to clarify some relevant details of the Bulgarian position on this subject.

Mr. Chairman,

We are fully aware of the important role of the International Criminal Court and of the necessity to make every useful contribution in order to enable its effective functioning in reality.

According to us, the establishment of the ICC resulting from the adoption of its Statute on July 17, 1998 was, and continue to be, a result of long-standing efforts of the international community and a remarkable advance in the development of the international Criminal law. Setting up the Court, the international community confirms

This law as a means for ensuring peace, security and well-being in the world and for imposing international justice through punishment and prevention of the crimes within its jurisdiction.

Bulgaria has always supported the establishment of the ICC on the basis of a multilateral agreement, which is commonly acceptable for the international community. On February 11, 1999 Bulgaria signed the Rome Statute. Bulgaria pursues policy of adherence to the legal and political principles, on which the Statute of the ICC is based, for the effective prosecution and punishment of the most serious crimes of international concern.

Beyond doubt, the enforcement of the Statute, as soon as possible, will

be a great success for the universal recognition of the progressive and high humane principles and norms of the international criminal law.

The ratification of the Statute by Bulgaria, from a legal and technical point, depends on legislative changes in the Bulgarian Criminal Code and in the Code of Criminal Procedure. The existing Bulgarian Criminal Code contains strictly defined provisions punishing the most serious crimes against peace and humanity and defines as such grave crimes acts committed by a person - as propaganda of war, genocide, wage of an aggressive war, violation of the rules of the international humanitarian law and etc. Nevertheless of the high grade of

conformity of these provisions of the Bulgarian Criminal Code with the

provisions and principles of the Rome Statute it is necessary to achieve total conformity between the provisions of the ICC Statute and the relevant regulations in the Bulgarian legislation. Bulgarian government is undertaking appropriate measures to ensure the legal basis of proper incorporation and implementation of the Rome Statute in the national legal order. According to the Bulgarian authorities, competent in the legislative sphere, the necessary changes could be completely made with the preparatory work of a new Criminal Code. This process is supposed to be finished by the end of the year

2000.

We attach great importance to the completion of the Preparatory Commission's mandate. We welcome the significant results produced during its two passed sessions.

Mr. Chairman,

Let me express the sincere appreciation of the Bulgarian Delegation to Ambassador Philip Kirsch, Chairperson of the Preparatory Commission, to the other members of the bureau, to the coordinators designated by the Chairperson and to the Secretariat as well.

We hope the Preparatory Commission will continue its work in spirit of compromise and understanding in order to carry out its task in due date. So far Bulgaria has been a constructive participant in the Preparatory Commission and stands ready to give full support to its future activities.

Thank you, Mr. Chairman.