16 June 1998
 
STATEMENT BY DR. ELENA ZAMFIRESCU, HEAD OF THE ROMANIAN DELEGATION

Mr. President,

Let me congratulate you and the other officers of the Rome Conference upon their election and send my delegation's warm greetings to Mr. Bos. I would also like to express gratitude to all the NGOs whose steady endeavor has contributed to the progress which brings us here.

Romania strongly supports the UN initiative of finalizing the treaty establishing a permanent International Criminal Court.

Indeed, the establishment of such a major international institution before the end of the 20th century will not be able to bring back to life the millions against whom unspeakable crimes have been committed all along one of the most troubled centuries in human history. Yet, the successful achievement of the main task of the Rome Conference - the adoption of its Statute in July - could bring a due tribute to their innocence and memory.

Moreover, a permanent, universal, independent and strong International Criminal Court, empowered to prosecute and convict persons responsible for genocide, crimes against humanity and war crimes, will not simply lead to the overcoming of the wellknown shortcomings of the various ad hoc tribunals set up in the context of particular conflicts, but will also have an enhanced deterrent potential.

Even before the horrors of the Second World War were committed, lucid legal minds had promoted the idea that a major international institution like the one we are set to create is a must. In connection with this, allow me, Mr. President, to mention that among the keenest supporters of such a project there was also a Romanian jurist, Vespasian Pella, who worked closely with Baron Descamps, Hugh H.L. Bellot and H. Dounedieu de Vabres.

During the last two decades or so, humanity has witnessed and, in some cases, directly experienced a series of armed conflicts during which the civilian population has made up for the target of indiscriminate inhuman attacks. Cambodia, Mozambique, Salvador, Rwanda and former Yugoslavia are just a few places were millions of civilians, including impressive numbers of children and women - were ill treated or killed.

This Conference gives us the opportunity to close the gap between rhetoric and action on the worst violations of human rights. The fact that so many states are represented here is, indeed, very good news. The challenge before us is to prove that diversity of opinions and national legal systems cannot prevent us from reaching consensus.

Along other like-minded states, Romania is of the opinion that the purpose of the new Court is that of preventing that guilty persons remain unpunished for committing the most terrible crimes. In order to achieve this goal, we have to strike a balance between the Court's jurisdiction and the jurisdictions of national criminal justice systems, in accordance with the carefully drafted formula in he Draft before us.

The efficiency of the Court depends on the universality of its jurisdiction, based on the States' will to fully cooperate and comply with the ICC's requests for assistance, as well as with its final judgments.

Effectiveness is also about procedures. Considerations relating to cost-effectiveness are important, but at least as important is not to water down achieved standards of respect for human rights.

Effectiveness is unthinkable of unless the Court is independent and strong. Although separate, the Court should not be, however, entirely separable from the other bodies of the UN system dealing with matters that are relevant for the Court's activity. It is proper that the Security Council, under Chapter VII, will be able to refer situations to the Court in which crimes under ICC jurisdiction appear to have been committed and gone unpunished.

We are faced with a complex juridical and diplomatic exercise that attempts to align the international juridical order to the substantial changes that have taken place on the world's political scene. Flexibility, openness to dialogue and compromise are essential prerequisites for the achievement of substantial progress in this direction. We do express our hope that the Rome Conference will do more than agree on the lowest possible common denominator.

Given that, without the necessary financial resources, the Court would simply remain a decorative institution, we need insure that it has the necessary financial resources to accomplish is work.

We. hope that, once agreed, the signatories of the treaty would take all the necessary steps for a rapid ratification so as to enable ICC to exercise its competencies as soon as possible, preferably before crossing the threshold of the third millennium.

As far as the seat of the Court is concerned, this delegation shares the view The Hague does perfectly qualify for hosting it.

Fully aware of the historical significance of the present negotiations, the Romanian delegation will make every effort to contribute to the adoption of the Statute and its opening fore signature here in Rome. We are open to consultations and cooperation with all the delegations.

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