November 2, 1995

Statement by Mr. Cha Jong Nam

...Under the present circumstances in which a number of complicated and serious issues still remain unresolved with regard to the establishment of the International Criminal Court, it is important to explore the most realistic and impartial way of removing divergent views at this stage by giving due consideration to concerns expressed by member States, rather than setting a timetable for the establishment of an International Criminal Court in a hurried manner.

If the International Criminal Court is established without resolving different points in views among member States, it is susceptible to lose universality and weaken its effective role.

Sovereignty precisely means the life of an independent state and the jurisdiction of a state constitute a legal basis of sovereignty.

It is, therefore, of utmost importance to clearly manifest the relationship of jurisdiction between an International Criminal Court and national courts in the direction of protecting the jurisdiction of a sovereign state.

The jurisdiction of an International Criminal Court should be exercised subject to the prior consent of a State party to the Statute, and limited to the most serious crimes recognized by the international community with a clear-cut definition of crimes to be handled by the Court.

The DPRK delegation believes that the Draft Statute for an International Criminal Court now under preparation should, first and foremost, respect the sovereignty of member States and any provisions that can be abused as a means of either pressure upon others or the violation of sovereignty be given serious consideration in the future.

The DPRK delegation expresses hope that the draft statute will be prepared in due course with more focus on the respect of sovereignty, non-interference in other's internal affairs and impartiality, democracy and objectivity.