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Radicale Associazione - 12 febbraio 1997
ICC/prepcom February 97/Italy
Statement by the permanent representative of Italy Ambassador Francesco Paolo Fulci to the Preparatory Committee on the establishment of an International Criminal Court

(Session of 11-21 February 1997)

New York, 11 February 1997

Mr. Chairman,

Let me begin by expressing once again my country's deep appreciation for the excellent leadership that you and the other members of the Bureau are providing to this Preparatory Committee. The Committee has a formidable task to fulfill and its discussions are followed with enormous interest by public opinion of the entire world. Your able guidance in an essential instrument to ensure a successful outcome of our deliberations. Needless to say, in this endeavor you can continue to count on the active cooperation of the Italian delegation. I would also like to take this opportunity to reaffirm Italy's full agreement with the views expressed in various instances by the Presidency of the European Union on the question of the establishment of an International Criminal Court.

Mr. Chairman,

I asked to take the floor at this stage of the work of the Preparatory Committee, in connection with the Italian Government's offer to host the diplomatic conference for the adoption of a convention on the establishment of an International Criminal Court.

This offer goes back to the Fall of 1994 and has been reiterated on many occasions. In particular, I would like to recall the words of Italy's Foreign Minister, Mr. Lamberto Dini, in his statement during the general debate of the 51st General Assembly: "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." In this regard, we are pleased to note that in resolution 51/207, adopted on 17 December 1996, the General Assembly expresses its "deep appreciation" for the renewed offer of the Government of Italy to host the conference in June 1998. My Government is extremely grateful to the entire mem

bership of the UN for the support given to our initiative. We will do our best to prove to be worthy of this privilege and to make possible for the conference to succeed.

Mr. Chairman,

Following the adoption of resolution 51/207, my Government has begun arrangements and preparations for the diplomatic conference. This requires not only full commitment and determination but above all prompt an adequate planning. The cooperation of the competent offices of the United Nations and of all States participating in the work of this Committee will be equally essential to facilitating the organization of the conference. For our part, we intend to provide regular information on the steps that have been taken or are envisaged with regard to organization, and seek advise on the most appropriate measures to ensure that we are on the right track.

At this juncture, the Italian Government has made the following preliminary determinations concerning the organization of the conference.

First, Italy proposes that the diplomatic conference on the establishment of an International Criminal Court take place in Rome. This decision is intended not only to pay tribute to the roman legal tradition, which has influenced the world for so many centuries, but also to respond to practical needs, such as that of making it easier for all delegations to be in constant contact with their embassies and capitals. Embassies representing 144 Countries operate in Rome, and this will certainly be of great help to the work of the conference.

Secondly, my Government intends to prepare as soon as possible the text of the national legislative and financial instruments for the funding of the conference.

Thirdly we envisage, in this context, the rapid establishment of an "Honorary Committee" and of an "Organizing Committee" of the conference, both including personalities of the highest rank and competence.

As can be easily understood, my Government must swiftly undertake the necessary feasibility studies for the conference, and assess the costs relating to it. Therefore, it is essential to have a clear perception of whether the proposal that Rome be the venue of the diplomatic conference is accepted. We hope that, although the formal decision on the arrangements for the conference will be made by the 52nd General Assembly, in accordance with paragraph 8 of resolution 51/207, the Preparatory Committee will give prompt consideration to this proposal and at least a preliminary indication of the response of this body.

Mr. Chairman,

I do not intend, here and now, to comment on the issues before the Preparatory Committee. Some of these issues, such as the list and definition of crimes, the relationship of the Court to national jurisdictions, and the mechanisms to activate the Court, are particularly challenging. In this regard, we are confident that the Preparatory Committee will continue to work in the same constructive and cooperative spirit that so far has characterized its debates.

Let me conclude by simply reiterating the position of my delegation, very strongly in favor of the rapid establishment of an International Criminal Court. The commitment of Italy to this idea is total, unconditional, unreserved. Our offer to host the diplomatic conference is the logical consequence of such a full commitment.

Thank you, Mr. Chairman.

 
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