Oct. 31, 1996

Statement by Mr. Raul Ilustre Goco

Mr. Chairman,

[...] Even in the absence of the Code of Crimes against Peace and Security of mankind, there are under existing treaties many crimes prohibited by international law such as: genocide, slave trading,

large-scale international drug trafficking, terrorism, hostage taking, assassination of state officials, destruction of civilian aircraft, etc... When committed how are these crimes to be punished? International terrorism, for instance could pose a questions to whether one particular country should only decide or try the offenders. It requires no further elaboration as to the need of an international body to address this problem.

The time therefore has come to put into final form or to complete the study on the proposed International Criminal Court. As in the other international instruments, there are indeed obstacles or impediments seemingly insurmountable. An example, is the Convent on civil and political rights with accompanying optional protocol on access to the

U.N. Human Rights Committee. Likewise, the inter-governmental arrangements on human rights establishing the Court and Commission on Human Rights. The strong opposition to these arrangements is that the

same will constitute a derogation of sovereignty. Yet, these arrangements came into force by the required accession of the States Parties and are now in place.

Indeed, issues or objections directed at the proposed ICC are valid. After all each country has its own criminal justice system, complete

and effective, with its accompanying enforcement or punishment not only to serve as deterrent, retributive, but a measure of self-defense of the State against the breach of its penal law. Of course, in the case of the prosecution of international community has an interest in ensuring that the individuals who are responsible are brought to justice.

It is precisely the question of whether in the functioning of the ICC,

it can be an effective tribunal and not one encumbered by questions on technicalities or procedures, It should be able to steer itself clear from substantive issues on double jeopardy, due process, conflict of jurisdiction, the sufficiency of indictment, the right to bail, the

right to counsel, ex post facto law, etc. [...]