ITALY - 51st SESSION OF THE GENERAL ASSEMBLY SIXTH COMMITTEE

AGENDA ITEM 147: "ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT"

STATEMENT BY THE DEPUTY PERMANENT REPRESENTATIVE OF ITALY

MINISTER PLENIPOTENTIARY LORENZO FERRARIN

Mr Chairman,

The distinguished representative of Ireland, as Chairman-in-office, has just expressed the views of the European Union on the question of the establishment of an International Criminal Court. Needless to say, we fully concur in these views. We wish to add some complementary remarks, mainly aimed at reaffirming the commitment of Italy to the idea of creating a permanent Court to deter and punish serious crimes that are of concern to entire international community.

In his statement to the general debate of the 51st General Assembly, Italy's Foreign Minister, Mr. Lamberto Dini, reiterated the full support of our country for the prompt establishment of an International Criminal Court. On that occasion, he stated: "The fundamental role of law in the creation of the new world order must be upheld. National sovereignty has nothing to fear from the consolidation of international law. We believe that the cause of peace can only profit from the establishment of an International Criminal Court on violations of international humanitarian law and crimes against humanity. Italy is committed to this goal and is ready to host in 1998 a diplomatic conference to sanction the birth of such a Court."

It is our view that times are more than ripe to bring to completion a project that has been now on the agenda of international relations fro almost fifty years, since the Nuremberg and Tokyo trials. Tragic events in various parts of the world continue to shake the conscience of the public, and increase the sense of urgency for the establishment of the Court. Furthermore, the results achieved by the Preparatory Committee, and the conclusion it has reached, fully justify a decision by this General Assembly to take decisive steps towards such establishment.

Mr. Chairman,

The preparatory Committee has made considerable progress in the elaboration of the text of a draft Statute for the Court to be submitted to a diplomatic conference. The negotiating process mandated by G.A. re. 50/46 of 11 December 1995 is well underway.

We would like to pay tribute to the excellent leadership provided by Dr. Adriaan Bos, and to the cooperation of all delegation, as well as to the active contribution offered by many non-governmental organizations.

As indicated in the Committee's report, all the major issues arising from the ILC's draft Statute have been discussed. Volume II of the report also contains many suggested amendments and drafting proposals submitted by the Chairman and by delegations. On several important questions, informal working groups have drafted texts and prepared compilations of proposals that we consider particularly useful for paving the way to a final agreement. While a further negotiating effort is needed to bridge gaps and settle differences on various key points of the statute, our assessment of the outcome of the work of the Preparatory Committee is unreservedly positive.

At the same time, we note with satisfaction the growing support that has emerged for the idea of an early establishment of the Court, and welcome the increased participation of States in the preparatory works, particularly among developing countries. The "universality" of the Court is an element of crucial importance. What we want to create is an independent and effective judicial institution, based on the general perception by the international community of the need to prevent and punish heinous crimes and atrocities wherever and by whomever they are committed.

Mr. Chairman,

It is not our intention to comment in detail on the various questions discussed by the Preparatory Committee. However, we feel obliged to make a few general observations on the substance of the statute, in order to reiterate our perception of the role, functions, and activity of the future Court in prosecuting and punishing serious crimes of international concern. What is important is not only that a permanent criminal Court be established, but also that this Court adequately respond to the needs of today's international society.

In particular, we would like to underline the importance of finding proper and balance solutions to the issues concerning the scope of the Court's jurisdiction and the mechanisms for activating the Court. the possibility of having a "meaningful" Court depends to a large extent on the Statute's provisions concerning these questions.

For example, we continue to believe that the "complementary" of the Court with respect to national jurisdiction should not result in imposing exorbitant limits on the Court's jurisdiction. The definition of the various "core crimes" under general international law should duly reflect the evolution of State practice, and in this regard the elements contained in the Draft Code of Crimes recently adopted by the ILC deserve special attention. The crime of aggression should be included in the statute. Moreover, the "inherent" jurisdiction of the Court should be expanded beyond the crime of genocide, and the Prosecutor should be allowed to initiate investigations and prosecutions ex officio. The relationship between the Court and the Security Council require a solution that would preserve the independence of the Court's judicial activity.

At the same time, standards of due process to protect the rights of the accused must be fully guaranteed, together with full respect for the principle "nulla poena sine lege". On this latter point, it is also essential that, as proposed in the ILC's draft, the statute exclude capital punishment from the sentences that the Court is authorized to impose.

Mr. Chairman,

We welcome the conclusions of the Preparatory Committee, as reflected in the report. the Preparatory committee recommends that its mandate be reaffirmed, and that its future work be concentrated on the negotiations of proposals on the main subjects relating to the establishment of the Court. Moreover, the report recommends that the Committee's work be finalized by April 1998, after a limited number of weeks for further drafting. It also considers it realistic to hold the diplomatic conference of plenipotentiaries in 1998. We would like to add that convening the diplomatic conference for 1998 is not simply a realistic goal that is worth being pursued; it is also, in our view, a necessary decision to be made at this juncture, if we do not want to carry the responsibility for a further, and frankly inexplicable delay.

Mr. Chairman,

It will be a great honour for Italy to host the conference for the adoption of the Statute. We will be proud to make this tangible contribution to one of the most important initiatives towards developing modern international law. We are ready to make the necessary arrangements

for the conference, and we will do our best to make it a success, both from the organizational and the substantive standpoint.

However, the adequate preparation of a diplomatic conference needs not only determination and tireless efforts. It needs, above all, sufficient time to be properly planned in every detail. for this reason, the organization of the ICC's conference will be greatly facilitated by already setting for it a more specific time-frame that the simple reference to the year 1998. Without prejudice to the overall duration of the conference, which can be determined at a later stage, we regard the month of June 1998 as the most appropriate for the opening of the conference. This would in fact leave sufficient time to reflect on the results of the Preparatory Committee, which is due to complete its work in April 1998, and avoid overlapping with the regular session of the 53rd general assembly. It is our hope that the resolution to be adopted this year will meet this concern.

Mr. Chairman,

We are facing a crucial moment in our deliberations on the International Criminal Court. The idea of creating a Court to prosecute and punish the most serious crimes of concern to the international community has never been so close to reality. At the same time, the momentum can be easily lost in a tangle of legal and political arguments. Let us follow the sirens of achievement, not those of retreat.

Thank you, Mr. Chairman.