Permanent Mission of Korea

to the United Nations

Statement

By H.E. Ambassador Suh Dae-won

Deputy Permanent Representative

of the Republic of Korea

Sixth Committee

54th Session United Nations General Assembly

Agenda Item: 158

Establishment of an International Criminal Court

20 October 1999

Mr. Chairman,

The adoption and opening for signature of the Statute of the International Criminal Court represents a giant leap forward in the establishment of justice and the protection of human rights worldwide. Testament to the will of the international community to ensure that crimes of international concern should be prosecuted and that the perpetrators of these crimes should be brought to justice, the Statute was adopted by an overwhelming majority of the States participating in the United Nations Diplomatic Conference in Rome last year. By surmounting the age-old culture of impunity under the protection of the State, the Court will pave the way for future generations to be spared the horrors of such heinous crimes as genocide, crimes against humanity, war crimes and crimes of aggression.

Mr. Chairman,

As an active participant in the negotiations leading up to the adoption of the Statute, the Republic of Korea attaches great importance to the work of the Preparatory Commission. In view of the target date of 30 June 2000 set by the Rome Conference, the finalization of the elaboration of the Rules of Procedures and Evidence and of the Elements of Crimes represents one of the most difficult challenges before the Commission.

It can be noted that significant progress was made during the two sessions of the Preparatory Commission held in February and August this year at the UN headquarters. The Preparatory Commission dealt, in particular, with rules pertaining to key areas of the Statute such as: Part 4 (Organization and Composition of the Court); Part 5 (Investigation and Prosecution); Part 6 (Evidence); and Part 8 (Appeal and Revision). With regard to the Elements of Crimes, the Preparatory Commission concentrated on the elements of genocide and war crimes. Moreover, the Commission carried out a number of informal consultations with respect to the crime of aggression. It also agreed to establish a working group on the crime of aggression at the beginning of the next session of the Preparatory Commission. Given the success of these deliberations, my delegation would like to express its warm appreciation to Ambassador Philip Kirsch, Chairperson of the Commission, to the other members of the bureau and to the coordinators designat

ed by the Chairperson, who conducted our deliberations in a results-oriented manner.

Mr. Chairman,

Despite the considerable progress achieved during the previous two sessions of the Preparatory Commission, the Commission still needs to finalize the draft Rules of Procedure and Evidence and Elements of Crimes by 30 June 2000 and prepare provisions on aggression.

My delegation is of the view that the following principles should frame the work that lies ahead of the Preparatory Commission.

First, it is essential that the Rules of Procedure and Evidence and the Elements of Crimes fully respect the letter and spirit of the Rome Statute.

On the one hand, Rules of Procedure and Evidence are a set of rules governing the machinery of the courts and the methods by which the ICC enforces its mandate accorded by the Rome Statute. It prescribes the means of enforcing rights or providing redress of wrongs, and comprises rules relative to jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, costs, conveyance and registration, and so on. Elements of Crimes, on the other hand, define the circumstances that constitute a crime. They identify and describe the factual findings that would establish culpability under the Statute.

These two documents, however, are intended to assist the Court in fulfilling its mandate. The contexts of these two documents should derive from the relevant provisions of the Statute, without changing or altering them. In this regard, it is extremely important that the two documents should be in strict conformity with the provisions of the Statute, and that any question of their interpretation and application should be consistent with the Statute.

Second, the purpose of drawing up the two documents is to assist the Court in the interpretation and application of the provisions of the Statute. The work on these documents during the deliberations should proceed in a manner which enhances the independent and effective functioning of the Court, rather than hamstringing it.

Third, my delegation welcomes the decision of the Preparatory Commission to establish a working group on the crimes of aggression at its next session, since my delegation believes that aggression is the gravest of all crimes against peace and security. Thus, putting an end to the impunity of perpetrators of aggression constitutes one of the most effective ways of eliminating or controlling massive violence. As the Republic of Korea has experienced the agony of aggression throughout its history, it has a legitimate interest in elaborating the definition and elements of the crimes of aggression. Given the difficulty and complexity of this task, however, my delegation believes that it would be practical for us to concentrate our efforts on drafting the Rules of Procedure and Evidence and the Elements of Crimes, as provided for in 6 of Resolution F on a priority basis.

At the same time, we should maintain momentum for preparing proposals for the

definition and elements of crimes of aggression.

Fourth, for the early commencement of the Court's operations and its

effective functioning, the widest possible support from the international

community is essential. Constructive cooperation and a spirit of compromise

should, therefore, guide our deliberations on each and every contentious and

divisive issue.

Mr. Chairman,

The Statute of the ICC is indeed a landmark in human efforts towards

establishing the rule of law and putting an end to impunity for the most

heinous crimes. The Republic of Korea intends to spare no efforts in working closely with other countries towards the early establishment of the ICC and its independent and effective functioning. To this end, the delegation of the Republic of Korea will actively participate in and contribute to the work of the Preparatory Commission.

Thank you, Mr. Chairman.