Mr. Chairman,

I am speaking on behalf of the European Union on the main issue in the report of the International Law Commission: the draft statute for an international criminal court.

The European Union has noted with keen gratification that the International Law Commission has succeeded this year in concluding the elaboration of the statute of an international criminal court. It has thus fulfilled the mandate given it two years ago by the General Assembly and renewed last year. The European Union would like to express its thanks and pay tribute to the International Law Commission and all its members. Our gratitude and appreciation go especially to the Chairman of the International Law Commission, Mr. Vladlen Vereshchetin, and, to the Chairman of the Working Group, Mr. James Crawford.

The draft statute and the annexed commentary show that the Commission has made a detailed study of the numerous difficult issues arising in connection with the establishment of a permanent international criminal court. As a result of its deliberations the Commission has proposed that the criminal court be established by the conclusion of an international convention.

One of the most difficult issues for which the International Law Commission proposed a solution was the question of the court's jurisdiction. With respect of the crime of genocide the international criminal court will have jurisdiction without the need for express acceptance by the state party concerned. Furthermore it is given jurisdiction over matters which the Security Council refers to theprosecutor. In all other cases the express acceptance of the court's jurisdiction is required.

The draft statute of the international criminal court does not provide for it to be an organ of the United Nations. In the context of article 2 of the draft statute it will be a central question how to forge close ties between the court and the United Nations. The Commission has discussed several alternatives. The states of the European Union will comment on this and other questions in their national statements.

At the International Conference for the Protection of War Victims of Armed Conflicts held barely a year ago at Geneva, the participants declared their unwillingness to condone.

"that war, violence and hatred spread throughout the world, and fundamental rights of persons are violated in an increasingly grave and systematic fashion."

This compelling declaration notwithstanding, the last months again have shown that such crimes have not decreased in number. The events in Rwanda which have been occupying the Security Council for months constitute one striking example. The European Union is convinced that the work on the establishment of an international criminal court must proceed apace. This was also emphasized by the President of the European Council, the Federal Minister for Foreign Affairs, Dr. Kinkel, in his address before the plenary of the General Assembly on 27 September of this year. The European Union also believes it is important to take into account the experience of the international tribunal for the former Yugoslavia (and, so far as possible, the tribunal for Rwanda which has just been established).

The International Law Commission recommends that the General Assembly convene an international conference to negotiate the draft statute and to conclude a convention on an international criminal court. The European Union is willing to support the ILC's recommendations provided there is sufficient agreement within the international community concerning the important questions addressed by the Commission. We will have to ensure that further work progresses in an efficient and appropriate manner taking advantage of the momentum which has developed in this important matter.

Another important issue to consider will be the financing of the court.

The European Union will continue to work with all States Members of the United Nations in a constructive dialogue towards the establishment of a permanent international criminal court.

Thank you, Mr. Chairman