Mr Chairman, Ladies and Gentlemen,

Let me begin by congratulating you, Mr Chairman, and the Members of the Bureau, on your election to your important posts. I am sure that, under your wise leadership, we can look forward to a fruitful and productive conference.

The negotiation of a statute for a Permanent international criminal court is of historic significance. While it is true that the international community has been debating the establishment of such a court for almost half a century, it is only during the past few years, that the project of creating such a permanent court has emerged as a realistic prospect. The General Debate of the 52nd General Assembly of the United Nations gave ample proof of the fact that the establishment of the ICC is supported almost unanimously in the international community.

Austria's position has already been expressed by the Statement made on behalf of the European Union. I would, however, like to offer some additional remarks on my country's position. Although it is extremely regrettable. we nevertheless have to acknowledge that the tragedies in Rwanda and Former Yugoslavia have made the need for such a court abundantly clear. Valuable as the two Ad Hoc Tribunals established by the Security Council undoubtedly are, they cannot act as a substitute for a permanent institution. In ensuring that the perpetrators of the most serious crimes of international concern cannot act with impunity, a truly effective permanent court would play a major role in upholding the principles of justice and the rule of law. By its very permanence and independence such a court would ensure that those fundamental principles of criminal law are applied regardless of what happens to be the political opinion of the day. This would also, no doubt, have a deterrent effect on potential perpetrators, thereby strengthening efforts to maintain peace and stability in the world. This preventive effect is surely one of the most important advantages that a permanent court will have vis-a-vis tribunals established on an ad hoc basis

Only the most serious crimes of international concern should fall under the jurisdiction of the Court. The Court should therefore have jurisdiction over the core crimes of genocide, crimes against humanity and war crimes, as well as crimes of aggression. However, as far as the crime of aggression is concerned, the difficulties in finding a generally acceptable definition shall not delay the establishment of an ICC. Austria also supports the inclusion of crimes of sexual violence committed in armed conflict.

There seems to be general agreement - and I may add that I fully share this view - that the Court should be complementary to national systems of criminal justice. The Court is not intended as a substitute for national legal processes. Rather it should have jurisdiction only where national systems are not able or not willing genuinely to investigate a crime and to prosecute where the facts so warrant. Therefore, the establishment of the Court does not absolve national systems of their primary responsibility to act effectively.

There is also no doubt that an effective system of State cooperation is a prerequisite for an effective court. Therefore, States must be obliged to co-operate with the Court as fully as possible and there should only be limited grounds for refusal, if any at all, which will have to be explicitly enumerated in the Statute. Moreover, requests of the Court should in principle be given priority over requests from other States, and sentences should be effectively enforced by States parties that have expressed their willingness to accept convicted persons.

The procedural provisions have to ensure a fair and effective operation of the Court, safeguarding the rights of the accused and easing the procedure of giving evidence by victims. It should be considered to oblige the member states to secure proof especially by preparation and registration of refugee reports.

Finally, in the name of the Austrian Government, let me express our gratitude to the Italian Government for hosting this Conference. I am convinced that under the extraordinary ability of the President of this conference we will reach a successful result at the end. We must do our best in order to keep pace with the expectations of the world community and to finalise the drawing up of the Statute as quickly as possible. For this reason, the Austrian delegation is prepared to offer any support to assist you, Mr President, in accomplishing this task.