Mr. President, Excellencies, Distinguished Delegates, Ladies and Gentleman,

It is a great honor to join leaders and delegates from around the world at this historic conference, which is now poised to finalize mankind's long march towards the establishment of a permanent international criminal court. Indeed, this gathering provides us with an invaluable opportunity to institute individual criminal justice at the level of international law we have cherished for more than a century.

On behalf of the delegation of the Republic of Korea, let me, at the outset, join the previous speakers in extending my sincere congratulations to you, Mr. President, on your assumption of the Presidency of this Conference. 1 am confident that your leadership and wisdom will guide our deliberations to a successful conclusion.

Mr. President,

We began this decade with great expectation that the end of the Cold War would herald a new world order of peace and cooperation. Unfortunately, however, that euphoria has proven short-lived. The prospects for a new era of peace and cooperation have been undermined by a spate of conflicts throughout the globe that, in most cases, has led to heinous crimes against humanity and civilization. The notion of human security aimed at protecting individual security is now gaining as prominent importance as the traditional concept of national security.

As has been vividly witnessed from the lamentable scenes from Mogadishu, to Srebrenica, to Kigali, flagrant violations of international humanitarian law still persist in various parts of the world, posing a serious threat to human security. The increase of non-international conflicts have aggravated the suffering and agony of innocent people both in scope and magnitude.

At the threshold of the new millennium, the international community must find the means to cope with this deplorable phenomenon. In our endeavor to achieve human security, justice is an indispensable ingredient. Peace without justice is tenable, but not durable. Bringing to justice offenders of crimes of international concern not only serves the cause of durable peace, but contributes to prevention of such crimes as an effective deterrent.

Mr. President,

Today, we have a composite draft text of the Court's Statute which needs our thorough deliberation and hard decision. With the preparation of a draft by the International Law Commission, three years of long deliberation ensued during the Ad Hoc and Preparatory Committees, bringing us to this Conference where we should finalize it.

It is not an easy task to wrap up a Statute from a draft still replete with many brackets and options. We are confident, however, that a spirit of compromise and cooperation will enable us to achieve our goal at this Conference. In this regard, my delegation wishes to stress that the establishment of the Court will not contract judicial sovereignty of States, but reinforce it through deterrent effect in the long run.

Mr. President,

As a strong proponent of a world free from impunity, the Republic of Korea has advocated the early establishment of a permanent international criminal court, and has actively participated in the work of the Ad Hoc and Preparatory Committees. My delegation firmly believes that the Court we are now establishing must be an organ constituting four main pillars : independence, effectiveness, fairness and financial soundness. Against this backdrop, 1 should now like to elaborate several crucial points that should be addressed at this Conference with a view to achieving these four objectives.

Firstly, as regards crimes under the Court's jurisdiction, we are of the view that the Court must be conferred automatic jurisdiction on four core crimes : genocide, crimes of aggression, war crimes, and crimes against humanity. Particularly, my delegation underlines the importance of including crimes of aggression within the jurisdiction of the Court. Exclusion of this crime would be tantamount to turning history backward, given the invaluable experience of the Nuremberg and Tokyo Military Tribunals. As we see it, the difficulty with the definition of the crime of aggression can be resolved through differentiating it from the definition of aggression itself. We also attach particular importance to bringing internal conflicts within the definition of war crimes.

Secondly, it is our firm conviction that the prosecutor should be given ex officio authority to initiate investigations. Otherwise, the effectiveness of the Court would be seriously eroded in the light of the general abhorrence of States being entangled in lodging complaint against other states, and the high likelihood of Security Council's paralysis due to the exercise of veto power. Moreover, the concern over a risk of abuse by the Prosecutor can be alleviated by introducing an effective check mechanism. My delegation will make a proposal to that effect.

Thirdly, turning to the relationship with the Security Council, we believe, the Court's independence should not be compromised by the role of the Security Council. The Court is not supposed to vitiate the work of the Council. As the primary organ responsible for the maintenance of international peace and security, however, the Security Council should be given the right to refer to the Court a situation in which crimes under the Statute have been committed.

Fourthly, we think that there is no plausible reason to limit to any particular interested States those that can exercise the right to lodge complaints. Indeed, all States Parties should be entitled to such right.

Fifthly, regarding the application of the principle of complementarity, the Court should be granted jurisdiction to determine whether a specific case meets the requirement of complementarity. My delegation is also of the view that that State Party who raised the question of complementarity should bear the burden of proof in the relevant proceedings of the Court.

Sixthly, my delegation wishes to emphasize that the human rights of the accused must also be protected fully in accordance with international standards. Special treatment of sexual or gender-related violence and the protection of children should also be provided for in the Statute. Protection of the witness and victim is equally important so as not to inflict upon them another suffering. We must also set up fair, just and effective procedure appropriate for an international judicial organ. It would simply delay the entire proceedings of this Conference if delegates stick to narrow definition of their respective domestic procedures.

Seventhly, my delegation considers the cooperation of State Parties as a prerequisite to an effective Court. In the absence of enforcing arms, the Court can not work without full cooperation of State Parties. Clearly, effective mechanism to guarantee State Parties cooperation is essential for the reliable functioning of the Court.

Lastly, but not the least, we also cannot underestimate the importance of procuring and sustaining adequate financing for the Court's work. My delegation believes that the budget of the Court at the initial stage should be covered by the regular budget of the United Nations and could be later transferred to contributions of State Parties and voluntary contributions when a sufficient number of States join the Statute.

Mr. President,

Before closing, 1 wish to convey my Government's sincere appreciation to the Government of Italy for hosting this Conference. We are convinced that this Conference will be recorded as a historic milestone in the international community's pursuit of universal peace and justice. Reiterating our firm commitment to the early establishment of the International Criminal Court, 1 can assure you that my delegation will be an active and productive participant toward the final adoption of the Statute at this Conference.

Thank you.