SPEECH

of Ukrainian representative A. A. Chaly

in VI Committee of 49-th session of UNGA

p. 137 of agenda

"Report of International Law Committee (ILC) on work of its 46-th session"

International Criminal Court

October 28, 1994

Dear Mr. Chairman,

As I speak for the first time at 49-th session of UNGA, I would like to congratulate you and all members of Bureau sincerely with their appointments to their high posts. Ukrainian delegation wishes you success in your work and will aspire to productive collaboration on all points of agenda.

We express our deep gratitude to Chairman of ILC Mr. Vladlen Vereshchetin for his universal report on work of 45-th ILC session, and to prof. James Crowford, who has been at the head of Working Group on draft Statute of International Criminal Court.

Mr. Chairman,

Ukraine considers international law to be one of fundamental guarantees of its independence and territorial integrity. In connection with that, our Delegation is deeply interested in results of ILC's work with draft Statute of International Criminal Court. Obviously, establishment of the Court would become a considerable step towards consolidation of international law and legality.

For the first time in the history of international legality a real possibility appears to create permanent judicial body in the sphere of international criminal jurisdiction. The principle of unavoidable punishment for committed crimes obtains in such a way a form of organization, so that will influence preventively crimes that rouse anxiety of international community.

Mr. Chairman,

Ukrainian delegation regards, that draft Statute elaborated by ILC is a balanced document, that takes into account principal remarks of states expressed at previous sessions of VI UNGA Committee.

The main problem was resolved in article 21 of draft Statute, the problem that was encountered by states during creation of permanent body of international criminal jurisdiction, to wit, not to put in question the sovereign rights of states in such a sensitive sphere of interior state actively as realization of criminal justice.

At the same time, article 21 of draft Statute it is considered to be enlarged with point 1 (b) iii to provide the state of the defendant to be obliged to authorize jurisdiction of the Court.

Reserving a right to submit remarks for draft Statute of the Court during further stages of its elaboration, we would like to pay more attention today to proceedings' questions of its adoption.

Ukrainian delegation supports opinion of ILC, that Statute should be supplemented to a Treaty of states, that will provide establishment of the appropriate Court and regulation of relations connected with its direct activity.

The structure of the Treaty suggested by ILC might be adopted in general. At the same time, according to opinion of Ukrainian delegation, it could be enlarged with a number of essential regulations. In particular, an idea of UN appearance as a Member of the Treaty earns attention, because that could integrate UN directly into the process of Court establishment.

Also it is considered necessary to supply the Treaty with regulations, that should provide impossibility to avoid international legal responsibility of states for crimes against peace and security of humanity in case those crimes having been committed by high officials of those countries.

On questions of financing of the Court, Ukrainian delegation supports the ides of full financing at the expense of UN. As we regard, it could promote expansion of range of states Members of the Treaty.

Flexible pocedure of revision and amendment of the Statute is of principal significance for Statute adaptation to dynamic changes of international life. It is hardly expedient to establish five-year moratorium on Statute revision as it was proposed by ILC. Today elaboration of international documents of high importance is on the final stage, in particular, Convention on protection of UN staff and associated personnel. That Convention may become in force soon. At the same time, taking under consideration the five-year moratorium, it could not be included to the list of treaties mentioned on art. 20 (e) of the Statute.

More flexible position is desirable also in question of Statute provisos, inasmuch as interior state implementation of its regulations will affect constitutional law principles of high importance. In connection with that, the proposal of ILC on inadmissibility of even provisos of limited character may decrease essentially the number of states Members of future Court.

Mr. Chairman,

Elaboration of the Treaty forwarding the Statute is a fundamental element of treaty formation of establishment of International Criminal Court. That is why the process of elaboration of the Treaty is of high responsibility. Certainly, it will require additional effort and resources of states.

In the very context, support may be provided to the idea of creation of a Preparatory Committee or Working Group to provide elaboration of a draft Treaty for its further submission to Plenipotentiary Diplomatic Conference, along with draft Statute, to finish adoption of mentioned documents.

During work of mentioned Preparatory Committee or Working Group, we consider it inexpedient to restart debates on draft Statute, elaborated and submitted by VI Committee. Such a discussion may defer the final Diplomatic Conference on adoption of International Criminal Court. According to opinion of Ukrainian delegation, such defer would be undesirable.

Thank you.

Translated into English by A.Prishchenko, November 8, 1994