Mr President,
Excellencies Heads of States
Honourable Minister
Distinguished delegates
Ladies and gentlemen

1 wish to thank the Secretary General, His Excellency Mr. Kofi Annan for his inspiring opening remarks which have set the tone for this conference.

Let me begin by offering my delegation's warm congratulations to you Mr. President on your election to the Presidency of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. My delegation assures you of its full support as you steer the work of this conference to a successful conclusion. We also extend our congratulations to other members of the General Committee.

In the same vein, 1 extend my delegation's congratulations to the Chairman of the Committee of the Whole Ambassador Phillipe Kirsch, whose well known diplomatic skills and leadership qualities will no doubt help us accomplish our mandate. Our congratulations also go to the other members of the bureau of the Committee of the Whole.

Last, but not least, we extend our congratulations to the Chairman of the Drafting Committee, Prof. Bassiouni and all members of the Drafting Committee.

You all have my delegation's full confidence that you will discharge the duties entrusted to you with one object in mind; the successful conclusion of the Rome Conference.

Mr. President,

My delegation fully associates itself with and endorses the statement made by the Hon Minister of Justice of South Africa, Hon Dr Omar, on behalf of the members of the Southern African Development Committee (SADC). We however take this opportunity to make some additional remarks.
Mr President,

The international community's efforts at establishing an International Criminal Court have come a long way since Nuremberg and Tokyo more than fifty years ago. Since the International Law Commissions Draft Statute for the ICC was put before the Sixth Committee in 1994, my delegation has actively participated and followed with keen interest developments regarding this important issue. We are happy that today we are much closer to the realisation of the dream of establishing a permanent international criminal court, perhaps the most important international institutional innovation since the creation of the United Nations.

By now the urgent need for a permanent court is beyond doubt. History is replete with examples of how impunity of heinous crimes can corrode and eventually destroy the fabric of society and sow seeds for future violence. Only the creation of a permanent ICC can bring us closer to a world of "peace through justice" for the next century by ensuring that those who commit the most serious crimes of international concern will not be able to so with impunity.

In addition to greatly strengthening the rule of law by providing certainty and consistency to international investigations and prosecutions, a permanent court will be a bedrock for the emerging system of international criminal justice.

Today we embark on the homestretch of a process of historical significance in international law, in international relations and most importantly in the international protection of human rights. This conference thus represents an important step in the long and difficult journey the international community has traversed since Tokyo and Nuremberg. Today we begin to look beyond the bounds of this century as we sketch the map for the world we want for the future. The vision which we are about to forge gives rise to renewed hopes for the millions of victims, widows and orphans for whom the outcome of this conference will be like seeds of hope planted in the tombs of their memories. This is an occasion full of promise for the future of humanity. Posterity will thus not spare its judgement on us if we do not rise to challenge of establishing a truly effective, independent and credible court.

Mr President,

Good progress has been made over the years of the Ad Hoe and Preparatory Committee Sessions, thanks to the able leadership of Chairman Bos, whom we wish a speedy recovery. Thanks also to the tireless efforts and willingness of a growing number of delegations to work with each other to overcome differences. No doubt a large majority of the UN member states have come to fully embrace the idea of a fair, efficient and effective court. In this regard, the role of non-governmental organizations (NGO'S) has been of particular significance. Through their ranks and tireless efforts, public awareness and support for the court has grown from strength to strength. The outcome of the preparatory process thus stands as an important landmark in the international community's efforts to bring an end to impunity.

We must however not underestimate the enormity of the task before us, neither should we underrate the pending major unresolved issues. Some of the most difficult stumbling blocks are yet to be overcome, hence we should not be complacent. My delegation can only express the hope and the confidence that the spirit of co-operation which has so far prevailed will not only continue, but will be accompanied by a political readiness to establish a truly effective and independent court.

As we embark on the final stages of elaborating a statute to establish a permanent ICC, a number of fundamental issues must be addressed. We have had occasion to state our position on some of these issues in the past but we think it appropriate to restate it. Let me therefore touch on some of the fundamental principles on which my delegation believes a truly effective and impartial court should be based.

Over the years, my delegation has advocated that the court should be endowed with automatic jurisdiction over the core crimes defined in the statute, without any need for additional state consent requirements for the court to proceed with a case. We remain opposed to the cumbersome and unpredictable procedures envisaged in the so called "opt-in opt-out" approach which in our view would hamper the effectiveness and independence of the court.
The relationship between the ICC and national jurisdictions is defined by the principle of complementarity which is enshrined in the various provisions of the statute. Our understanding of this principle is that the ICC will "complement" and not replace national courts. This means that while the primary jurisdiction will continue to rest with national courts, the ICC will be able to intervene where a concerned state is ‘unwilling, unable or unavailable' to carry out investigations or prosecutions.
 
We are of the firm view that the assessment of whether a state is "unwilling, unable or unavailable" to prosecute should be left to the court itself We also 'Share the concerns raised against attempts to use the complementarity principle to obstruct justice and stall ICC investigations.
A related principle for the independence and effectiveness of the court is that the prosecutor must be able to initiate proceedings on his/her own motion without having to solely rely on referrals by either the Security Council or States. Conferring ex-officio powers on the prosecutor will ensure that justice is served in cases where both states and the Security Council fail to act in bringing suspects before court. We do not share the view that an independent prosecutor would."run wild" or otherwise act in bad faith. There are many procedural safeguards to prevent this. In any case, complementarity remains. a major jurisdictional hurdle for an overzealous prosecutor who must first satisfy the court that a national jurisdiction is unable, unwilling or unavailable to prosecute.

Perhaps the most difficult issue is the relationship between the Security Council and the court and the need to preserve the respective roles of both bodies in international affairs. While the Security Council should continue with its Charter obligation to "maintain international peace and security", an essential political task, the court on the other hand will be a judicial body designed to bring war criminals to justice and advance the international rule of law. Thus the ultimate goal of both Security Council and the ICC is to secure peace and justice.

In theory it may appear that no conflict should exist between the two bodies, but in practice the Security Councils maintenance of peace and security may either compliment or frustrate the work of the court. We remain opposed to any political interference by the Security Council or states in the affairs of the court.

It would be best to have a mutual relationship between the Security Council and the court, a relationship that would foster co-operation and harmony between the two bodies. It is in this regard that we see the proposal by Singapore as a good basis for further negotiations even though it lacks precision in various aspects.

Finally, in discharging its functions, the court will be solely dependent on states. Unless the court has sufficiently broad powers to ensure that it can request full and timely co-operation of states at every stage of the criminal process, its success and integrity will be undermined.

Mr President,

These and other issues such as the composition and administration of the court, principles of criminal law, funding and the relationship with the United Nations remain unresolved. Even though solving them will consume a lot of time, there is room for compromise. What is required is imaginative problem solving and hard work to bridge different views and proposals in a manner that is satisfactory to all. We count on the unflinching support of our NGO partners in this endeavour, and remain optimistic that we will leave Rome with a strong and effective court.

Our objective in shaping this important international institution should not be to adopt any statute, but to establish a just, fair, and effective court, a court that will help replace the rule of force with the rule of law and foster democracy at the international level, a court that we can all be proud of. The world situation presents a wonderful opportunity to create the best possible court now, not a paper tiger. Let us seaze this unprecedented opportunity to build a strong and effective institution.

Let us disabuse ourselves of any hopes that a weak court now can be strengthened later as such a court can never withstand the inevitable changes that will occur in the international system in the near future. It would be a retrogressive step to create a court that does not reflect this reality.

Mr President,

I reiterate my delegation's hope and confidence that it is possible to achieve a resounding success for this conference, that is, to finalise and adopt a comprehensive and universal statute establishing a court which has credibility and prestige and above all, a just, effective and independent court. Future generations deserve no less. Among the delegations gathered here, there is a wealth of expertise which can benefit this conference. The time for action is now and together we can make it.

Let me conclude by expressing my delegations deep appreciation to the Government and people of Italy for hosting this Diplomatic conference and for the very generous and warm hospitality extended to us since our arrival in this beautiful city and great country.

Thank you.