Statement Ambassador Carlos Calero Rodrigues

Sixth Committee

Mr Chairman,

....for the establishment and appropriate functioning of a Court- along the lines proposed in the Statute- a precondition would be an adequate comprehensive statement of the law to be applied.

Conceivably we could not have to wait for the Code and could establish a court on the basis of the indication of crimes contained in article 20 of the draft Statute.

We could be led to do so if we were absolutely convinced that the establishment of the Court could not be delayed by the 2 years that the ILC has given itself to complete the second reading of the Code. But we should seriously ponder whether the delay would not be justified if it would allow the court to be set on a much firmer basis.....

In the light of these considerations, and in the belief that the "substantial legislative effort" mentioned by the ILC is needed and possibile, my delegation is of the opinion that the International Law Commission should be requested to continue and conclude its work on the draft Code of Crimes against the Peace and Security of Mankind, with the same sense of urgency applied to the preparation of the draft Statute for an International Criminal Court.......

We are fully aware of the practical problems involved- and the beginning of the work of the tribunal for the former Yugoslavia shows how awesome such problems can be.

Despite our lingering doubts, my delegation believes that, having come this far, we should continue our work and try to fulfill the hope that our exercise will result in a positive contribution to the security of mankind.