Mr. President,

I have the honour to present this statement on behalf of the government of the Republic of Trinidad and Tobago.

At the outset may I congratulate you on your unanimous election as President of this Diplomatic Conference. We are confident that under your skillful guidance, the work of this Conference will be successful. We also wish to convey through you to the Government of Italy our deep appreciation for the arrangements made for the hosting of this historic conference.

Mr. President,

After many decades of indecision, the international community now seems amenable and committed to the establishment of a permanent International Criminal Court. It is important to recount briefly the recent history which has led us to this stage of the process. It will be recalled that at the forty-fourth session of the General Assembly of the United Nations, the Government of the Republic of Trinidad and Tobago, with the support of the member states of the Caribbean Community and of some other states, reintroduced onto the agenda of the Assembly the issue of  the establishment of an International Criminal Court which would have jurisdiction over individuals and entities engaged in illicit trafficking of narcotic drugs across national frontiers and other transnational criminal activities. The Government of the Republic of Trinidad and Tobago was adamant in its belief that such a court should be established and it has since then participated fully in all the major discussions relating to the establishment of such a court. The President of the Republic of Trinidad and Tobago, His Excellency, Mr Arthur N. R. Robinson has played an important role in these discussions. Member States may recall that when His Excellency, President Robinson, who was then Prime Minister, re-- introduced the item on the agenda of the General Assembly, there were serious objections to the establishment of a permanent international criminal court, as it was felt that the national sovereignty of States would be compromised by such a court and that there was no urgency for new initiatives on this matter.

Mr. President,

The end of the Cold War and the horrific effects of the hostilities in the former Yugoslavia and in Rwanda are familiar events which lent a fillip to a more positive view of the need for a permanent international criminal court. The creation by the Security Council of the Ad Hoc Tribunals for the former Yugoslavia and Rwanda and the mandate given to the International Law Commission (ILC) to prepare a draft statute also led to a more concerted attempt by the international community to establish an institution to prosecute individuals accused of the most serious crimes of concern to the international community as a whole.

Public confidence, therefore, in the Court will be essential if it is to have credibility and be effective. Such confidence, however, cannot be earned if adequate punishment is not meted out to those who commit these serious crimes. Mr. President, the punishment ought to fit the crime.

The Republic of Trinidad and Tobago supports the establishment of a permanent International Criminal Court which will be independent and which will have effective jurisdiction to deal with the most serious crimes of international concern.

Mr.  President,

Given recent events in which internal armed conflicts rather than conflicts between states are the norm, we can therefore support the extension of the Court's jurisdiction to internal armed conflicts. The illicit traffic in narcotic drugs has had, and continues to have devastating effects in our region. Drug traffickers have adversely affected the fabric of Caribbean societies. They poison our children and the transboundary activities of drug traffickers and that of their armed supporters pose a grave threat to humanity. Their actions ought to be regarded as a most serious crime of international concern.

Mr. President,

We believe that the Court must be an impartial body and one which will be free from political interference. It must be empowered to investigate and prosecute those individuals accused of international crimes. In that regard, at a Caribbean and Latin American Regional Workshop held last month in Trinidad and Tobago discussions were held on the proposed International Criminal Court. The consensus of the delegates who attended that Workshop was that the Court must be an independent, impartial and effective body.

Mr President,

There is general agreement now that the Court will exercise its jurisdiction only when domestic courts are unwilling or unable to prosecute. The formulation of principles to ensure that the primary responsibility rests with national jurisdictions must be clear and unambiguous.

With respect to the important issue of "the trigger mechanism' to invoke the jurisdiction of the Court, we must be cautious in setting up a court which would have to await a determination from the Security Council before it could launch its investigations. We are also satisfied that the rights of suspects and accused persons and the level of protection to be accorded to victims and witnesses have been appropriately addressed in the draft statute. In this regard, therefore, it is vital that a Victims and Witnesses Unit be set up within the Registry of the Court.

Trinidad and Tobago is equally supportive of the proposals which would seek to ensure that the abuses and sexual violence perpetrated against women and children in armed conflicts are punishable. We also believe that those who seek to recruit and/or use children in such conflicts should be prosecuted.

Without suitably qualified judges, the Court will be ineffective. We can support the thrust of the provisions on the qualifications and elections of the judges which provide adequate safeguards to ensure that only the most suitable persons are elected. We are willing to consider the proposal for gender balance in the composition of the Court.

The Court, once established, must, however, be assured of an appropriate and adequate source of funding which would enable it to fulfill properly its mandate.

Mr. President,

Trinidad and Tobago is aware of the many issues which must be finalized by this Diplomatic Conference. Trinidad and Tobago pledges its co-operation to achievement of consensus on the key issues. We are encouraged by the positive approach adopted by many delegations on the key issues.

Mr. President,

Even as we assemble here, violations of international law continue unabated. Internal armed conflicts have claimed, and continue to claim, innumerable lives and cause untold destruction. We do not believe that the establishment of ad hoc institutions should be the preferred option. A permanent court will not only be there when needed but it can serve as a powerful deterrent against future crimes and violations of international law.

Mr. President,

We are at a defining moment in the development of international law. We are poised to establish an institution which we in the Republic of Trinidad and Tobago believe can contribute to the maintenance of peace and security and achieve justice for the victims of violations of international law. We can learn from the past but we dare not repeat the mistakes of the past. Humanity is depending on us. The world community is following closely our deliberations and even though the International Criminal Court will not solve all our problems, nor indeed is it expected to do so, Mr. President, it will assist in promoting the rule of law and ensuring that justice is delivered to these victims, that reconciliation is accepted and peace maintained.

I thank you, Mr. President.