November 2, 1995

Statement by by the representative

...We recall that in the negotiations for the resolution which emerged from the Sixth Committee last session, my delegation was in the forefront of those who sought the establishment of a committee to examine the major substantive and administrative issues linked to the possible establishment of an international criminal court. We wanted to ensure that all of the likely issues were identified and an initial consideration given to them. As a result of those negotiations, the Ad Hoc Committee was established.

The Committee has had an extremely useful year. As a result of its work, it has become clear to us that there are possible ways of putting to rest the concerns which troubled us in considering possible models for an international criminal court. We have detected in the report of the Committee - and in the statements made in the debate this week - certain trends which point towards the establishment of a court which would serve the interests of the international community in having the perpetrators of the most horrifying international offences brought to justice. As a result, we are now in a position where we can support the establishment of a court meeting these criteria. I should like to outline what, in our view, such a court might look like...

...The establishment of such a court we would be able to support, if a convention setting it up could be satisfactorily drafted. Before the adoption of such a convention, however, a great deal of work remains to be done. Even a cursory reading of the report of the Ad Hoc Committee makes clear. This work which requires a combination of major policy decisions and technical input. The work involves amendments to the draft Statute prepared by the International Law Commission - for example, by changing the list of crimes within the jurisdiction of the court. And it requires additions to the Statute where necessary - for example, by including definitions of crimes, provisions on complementarity, and additional provisions on substantive and procedural matters. As regards the practicalities of the work, we support proposals to have three meetings of two weeks each. We have come to the phase in our work where we should be drafting texts. We have identified the problems; now we must solve them. And we must ensure that

the work we have done this year in the Ad Hoc Committee is not lost. In our discussions next year, we must not simply restate the problems: we must work towards consensus in building up a draft of a convention which will serve as a basic text for any conference which is convened to adopt a Statute for a court.