Ladies and Gentlemen:
Yesterday in Somalia, today in Rwanda and in Bosnia and tomorrow in other parts of the world, crimes against humanity are being and will be committed: genocide; massacres; the sentencing to death and execution of innocent people, and vengeful acts on the part of victors against the vanquished, are inflicted arbitrarily in the name of violence, while humanity can only stand and watch, powerless to do anything.
The perpetrators of such brutal acts are rewarded and, indeed, assured impunity by the fact that no authority exists today that possesses, at international level, the power and the instruments to track down and punish offenders.
And yet for some time the International Community, within the sphere of the United Nations, has been aware that the most effective deterrent for crimes prejudicial to the interests of, and the common values shared by, the majority of States - "delicta juris gentium" - is the risk of an individual being prosecuted, rather than the possibility of a State being brought to justice.
We would like to express our full support for the Draft Statute of an International Criminal Court that the International Law Commission has elaborated, on the basis of the findings of an "ad hoc" Group. The I.C.C. Project seems to be very flexible and to take into account the consensus presently existing within the United Nations.
One could discuss for ever the ideal structure of such an International Criminal Court; but the worsening of the crises that we have been witnessing for all too long has greatly reduced the time we have to reflect and to create the necesary initiative, which is, first and foremost, required by public opinion and the conscience of all peoples; but which is also the most advanced and far-sighted instrument for counteracting the risk the world runs of the law becoming increasingly ineffective, which will give rise to ever-more serious aggressive and harmful acts that the International Community cannot and must not tolerate.
Now is the time to take action, and quickly, in order to create a judiciary mechanism with the necessary authority, and operational structures and instruments, which will therefore be capable of punishing international crimes, or at least those that are considered most grave and, for this reason, most dangerous.
Thanks to the first-rate contribution made by the jurists belonging to the ILC, the technical and juridical investigation and the drawing up of the Draft Statute of the Court are at a point where they can be discussed by Governments concerned with the finalization of the Treaty that will institute this new jurisdictional body. In our opinion, the General Assembly must, therefore, set in motion the necessary mechanism for the constitution of the International Criminal Court by discussing the contents of the I.C.C. Project and passing, at this Session, a Resolution summoning an International Conference for the adoption of the Treaty.
It is our belief that in this way a new International Community will emerge, which, although it may still often be incapable of taking joint action to cope with international crises, will at least show respect for human dignity without connivance and complicity with those responsible for heinous crimes, wherever they are committed. Nuremberg may have been the invention of victorious powers and the Tribunal for crimes committed in the Ex-Yugoslavia may be the Security Council's "sole creation" so far, but we cannot allow ourselves to bequeath a world without justice to future generations.
It is also unthinkable - and certainly not desirable - for the Security Council to proceed in the direction of instituting various "ad hoc" Tribunals: for the simple reason that such institutions, because of their very nature, do not act as a "deterrent" but merely follow "in the wake" of genocide and war crimes.
We know that there are still technical and juridical problems to be solved, but we are acutely aware that public opinion cannot accept further delays, and that the moment has arrived when the International Community, allowing the necessary time for procedures and reflection, must give the world a clear and resolute sign that it has the unswerving will to proceed rapidly, according to clearly-defined rules that are the same for everyone, along the path of peace with justice.
Every postponement, for whatever reason, any ambiguous or hesitant message, will be unacceptable to individuals and mankind as a whole, and will widen the gap that still exists - which is extremely worrying - between public opinion and the United Nations system.
As we prepare to celebrate the 50th Anniversary of the founding of the U.N., taking the decision at this Session to call the Conference for 1995 and entrusting to the Preparatory Committees. - after years, indeed, decades of juridical research - the task of finding the answers to the remaining problems, seems to us to be a proper and fitting response to those States and citizens of the world who believe that the law constitutes the foundations of international society.