
As the UK currently holds the. Presidency of the Europan Union, I have
the honour to speak on behalf of the member states of the EU and of the
Commission. The Central and Eastern European countries associated with
the Europan Union, the Associated country Cyprus and the EFTA countries
Iceland and Norway, members of the European Economic Area, align themselves
with this statement.
This year marks the 50th anniversary of the adoption of the Universal Declaration of Human Rights. It marks also the 50th anniversary of the conclusion of the Genocide Convention: the first international agreement to refer to an international penal tribunal. This is an auspicious year for an equally historic task: the negotiation of a Statute for a permanent International Criminal Court.
For 50 years the establishment of such a Court has been debated by the international community. Until recently this was more in hope than expectation. But the last few years have seen a remarkable surge in aspirations.
Sadly the tragedies in the Former Yugoslavia and Rwanda were the most potent catalysts of this. The Security Council, exercising its powers under the United Nations Charter for the maintenance of international peace and security. established two ad hoc Tribunals to bring to justice those responsible for atrocities. The Member States of the European Union commend the Tribunals for the valuable and difficult work they are doing today.
But there is no doubt that we need more: if we can agree to establish a truly effective, permanent Court we will have made the world a more just, safer and more peaceful place. More just, because perpetrators of atrocities will not go unpunished; safer, because it will deter those who might otherwise act with impunity; and more peaceful, because the knowledge that justice is being done may help the victims to put the past behind then and encourage all the parties to participate in a process of reconciliation.
The European Union is encouraged by the widespread support that the establishment of the International Criminal Court enjoys, and by the remarkable progress already achieved in the Preparatory Committee. Great challenges remain, but given our mutual determination, and the skill and experience of our President, Mr Giovanni Conso, we can succeed.
We are grateful to the Italian Government for hosting this conference. We are grateful too for the commitment shown by the UN Secretary-General, and for his wise words to us today. And we pay tribute to the Non-Governmental organizations whose expertise and commitment has contributed greatly to our work. The presence here today of so many of the countries of the world, representing so many different regions and legal traditions, is testament to our determination to create a Court which Is truly universal.
Mr President, may I at this point add a message of good wishes to our Dutch colleague, Mr Adriaan. Bos, who is recovering from recent surgery and who will not therefore be able to play the leading part at this Conference that had been expected. These good wishes are in gratitude for the extraordinary personal contribution which Adriaan Bos has made to the preparatory work, without which we might not be meeting hare at all. They are also good wishes for his speedy recovery, which I am sure the entire conference will endorse. Nothing would please us more than if he were able to be present when the Statute was signed.
The Member States of the European Union are firmly committed to the following key principles.
- We need a Court that in universal and effective, based on sound legal principles, and capable of satisfying the requirements of justice. We need a Court that is built to last. Our aim is a Court In which we can have faith. In our negotiations we should draw on the experience of the two ad hoc Tribunals for Rwanda and the former Yugoslavia.
- The court should be an independent institution in relationship with the United Nations. We need to give it a sound financial base.
- It should have jurisdiction over the core crimes of genocide, crimes against humanity and war crimes. In addition, the members of the European Union share the widespread desire to include crimes of aggression, properly defined, within the jurisdiction of the Court. This should not however detract from the role of the Security Council in the maintenance of international peace and security. The European Union will work for a solution which respects both needs and which also ensures the independence of the Court on issues of individual responsibility.
- The European Union will make every effort to promote consensus on a generally acceptable definition of war crimes. in this context, we wish to emphasise that most armed conflicts today are internal, not international. So the war crimes within the Court's jurisdiction should include those committed in internal an well as international armed conflicts. We have all become more aware of the extent to which crimes of sexual violence are committed In armed conflict. The definition of war crimes to be contained in the Statute should therefore make explicit that gender-related crimes are included. The definition should also include prohibitions against the use of children in armed conflicts.
- The court will be complementary to national processes in the sense that it will act where national system are unable or unwilling genuinely to investigate a crime, or to bring a prosecution if the results of the investigation warrant one.
- Particular attention should be paid to the election of highly qualified judges. Their independence would be best secured by a long term of office.
- The court should have a strong, effective, highly-qualified prosecutor, independent of governments.
- The Court will not be effective unless we establish an effective system of state cooperation. States Parties should have a mandatory obligation to comply with requests for assistance by the Court. Such requests should be given priority over requests from other States and there should be no grounds for refusal founded upon national extradition legislation. Requests from the Court cannot be placed on the same footing as requests for mutual legal assistance In the daily business of cooperation between States.
- The Court should have power to award reparations to victims. Its final judgements should be immediately enforceable, and a sentence of imprisonment should be implemented without change by States Parties which are willing to accept sentenced persons. There should be no provision for a death penalty.
- The Security Council should be able to refer to the Court situations in which crimes may have been committed which are within the Court's jurisdiction. This will obviate the need for the setting up of new ad hoc Tribunals by the council.
- The Court should have procedures adapting features of the principal legal traditions. which will ensure its fair and effective operation, safeguard the rights of the accused. and ensure adequate protection and ease the giving of evidence by victims. The European Union supports the establishment of a pre-trial chamber.
- The rules of procedure of the Court should be negotiated by States after the opening for signature of the Statute; they should contain procedural rules which are considered not appropriate for inclusion in the Statute.
The European Union looks forward to the opening for signature of the Statute establishing the Court on the final day of this Conference. Thereafter we look to the early entry into force of the Statute and to the institution of the Court with wide participation.
The European Union has noted with appreciation the offer of the Government of the Netherlands to locate the Court in the city of The Hague. In view of that city's long-standing experience with international judicial bodies, this would seem to be a logical proposition which this Conference should take into positive consideration.
Some difficult issues remain to be resolved. The next few weeks will testt our patience and negotiating skill. But we all share the same objective, and we have the will to succeed.
We stand on the brink of an historic achievement. Never before has the world had a clear opportunity to establish a permanent international judicial body with jurisdiction over the most serious crimes of international concern. Let us now seize the opportunity that history has given to us, and make the court a reality.