
Dear
Chairman, Dear delegates,
It is rather difficult to evaluate the meaning of this Conference today: a month of important multilateral and bilateral consulting and negotiations is coming.
One thing is clear - the international community that organised this diplomatic conference has matured for completely new international relations, based on effective system of international justice. The system, is planned to supplement our national jurisdictions and at the same time it is encouraging constant development and changes of these jurisdictions.
Effective International Criminal Court has to become not only a justice execution instrument of the international community, but also a part of functioning system for conflict prevention. I would like to cite the words of H. E. Lloyd Axworthy, the Minister of Foreign Affairs of Canada "This is not just a matter of justice, but also of peace and security."
Dear Chairman,
Lithuania, being a member of "like-minded" states group, is seeking for an effective and independent International Criminal Court. This Court may be independent and effective only if its Statute includes the following basic principles:
1. Inherent Jurisdiction of the Court
Ratification or accession to the Court Statute shall mean direct court jurisdiction over the crimes listed in the Statute.
The Court shall execute justice only in the case when national courts are not able or not willing to prosecute suspected persons or investigate crimes, listed in the Statute. The Court shall be empowered to decide whether it is able and shall exercise jurisdiction over these crimes.
2. The List of Crimes under Court jurisdiction
Universal Court jurisdiction is applicable for the following crimes: genocide, war crimes, crimes against humanity and the crime of aggression.
Lithuania being a member of four Geneva Conventions of 1949 fully agrees with the list of the crimes provided for in those conventions. In negotiations on laws applied for armed conflicts and definitions for serious custom violations, we are for recognising a change of demographic situation in the occupied territories as a crime. Rape, sexual abuse and other forms of sexual violations against a person should be recognised as war crimes and crimes against humanity.
Lithuania is unanimously for including of war crimes, committed during the inner war conflicts into the list of the Court Statute. International Community shall understand the senselessness of the tragedies in Bosnia and Rwanda and stop other possible threats.
Dear Chairman,
One of the major Lithuanian tasks is including of "aggression" as a crime against peace, in to the crime list. Hard experience of the history is telling that an act of aggression usually becomes grounds for committing other severe crimes: genocide, crimes against humanity and war crimes. Very difficult consequences of this international crime, Will be felt by a lot of future generations.
With respect to the above mentioned task Lithuania finds consistent and legally based position of German Federate Republic to be very valuable.
We are for a short and independent definition, including clear legal criteria necessary to determine the consistence of this crime. Understanding political "sensitiveness" of this question we agree with the principle, empowering the Security Council to determine the fact of aggression.
Today, having passed more than fifty years after Nuremberg and Tokyo Tribunals, that determined responsibility for this crime, it would be difficult to explain the reasons for difficulties in finding a definition of aggression that would be acceptable for the majority of states.
Dear Chairman,
Our goal is to create the institution that would be independent from the political power of States or other structures for this institution to be able to accept impartial and fair decisions. The States, trust on the Court will be based on these principles which will directly influence the number of member States.
The independence of the Court will be strengthened by the Prosecutor's empowerment to start investigation ex officio. This investigation should be revised only by the corresponding structures of the International Criminal Court.
Security Council acting in accordance with UN Chart Titles No. VII will perform an important role passing situations to the Court. Although this structure should no become a subject interrupting or stopping the Court procedure. This could be performed only under the Court decision.
All these prerequisites will create necessary grounds for State co-operation with the Court. The Court Statute is to consolidate duty of States to co-operate with the Court at the same time it shall strictly determine the forms of co-operation and if it is agreed the basis for refusal to co-operate.
1 would like to stress that the wording of the Statute is to assure the possibility for the Court to react effectively to the development of international humanitarian law. It shall guarantee the influence and success of this institution for a long-term period.
Using this opportunity I would like to thank the representatives of non-governmental organisations, actively representing society, for performing such a great job making this conference to become a reality. Your support is essential in creation of a progressive international institution, that would assure the processes of lawfulness, peacefulness and reconciliation.
Thank you for your attention.