Mr. President,

The delegation of the United Republic of Tanzania associates itself  fully with the statement made yesterday by the Hon. Minister of Justice of South Africa, Dr. Omar, on behalf of the Southern African Development Community (SADC). We wish to underscore a number of elements.

Mr. President,

The recent genocide in the former Yugoslavia and in Rwanda is a grim reminder that little has been accomplished by the international community to prevent the recurrence of genocide and other crimes against humanity. Undoubtedly humanity has long awaited this historical step towards the establishment of an International Criminal Court. However what has long been an elusive goal now seems to be firmly within our grasp. It is therefore our most sincere hope that the Conference will turn into a reality what was almost becoming an illusion.

While we come to Rome aware of the daunting challenges before us, it is our firm belief that the challenges we face are not only legitimate, but are challenges which we can overcome in dialogue and on the strength of the values and aspirations we seek to promote and protect.

This understanding demands our support for the creation of a Court truly independent, effective, impartial and permanent. We therefore must not allow this process to lead to the creation of a white elephant or a tool for political conveniences of States. No doubt this will be a critical yardstick in building the necessary support for the instrument this Conference is to adopt. We cannot and must not therefore set up an entirely ineffective Court which is capable of making no more than empty gestures in the face of appalling atrocities being committed. Such an eventuality would be to do a great injustice to those who have fallen victim to the heinous crimes we seek to prevent and punish.

Mr. President,

In as much as the regime of human rights derives its legitimacy from the, universality of human rights, so would the Court. We must therefore guard against those aspects surrounding the notion of sovereignty which potentially, and perhaps, inadvertently, act as a barricade against our common will to ensure that impunity does not go unpunished. The establishment of the Court must ensure that the sovereignty we enjoy as States becomes a concept of responsibility and international cooperation rather than an obstacle to the enjoyment of universal human rights.

It is also important that the process in which we are engaged is not seen as a process which is placing any State on trial, but rather as our common and undivided resolve to create institutional and procedural mechanism which are to act as a firm foundation to a system of international criminal law currently lacking enforcement mechanisms at an international level.

Mr. President,

We support the view that the scope of the Court's jurisdiction need be as limited as possible. We nevertheless remain convinced that this Conference will be taking a step backwards if after the Nuremberg Trials the crime of aggression is not to be included within the jurisdiction of the Court.

We are reminded that this conference is not seeking to rewrite the Charter of the United Nations. On the table we have seen useful proposals balancing the responsibilities of the Security Council as envisioned under the charter on the one hand, and the role of the Court to independently determine individual culpability, on the other. These need to be pursued
seriously.

Since the Court is being established to address the most serious international crimes, we believe that the customary distinction between international and non-international armed conflict needs to be re-examined. This is particularly important so as not to justify the exclusion of serious crimes so frequently committed in internal armed conflict from the jurisdiction of the Court.

Mr. President,

Needles to say, the role of the Security Council in relation to the Court is a matter to be approached with immense care. We are keenly aware that both the Council and the court have a lot in common in the context of international peace. However, because of their fundamentally different roles - one political and the other judicial - the preservation of the integrity of the Court must here be our overriding concern.

It is also in this regard we see a role for an independent prosecutor who, within specified safeguards, would have ex-officio powers to initiate investigations and prosecution. It is our belief that the integrity of the Office would not submit itself to frivolous claims.

We subscribe to the complementarity regime expected between the Court and national judicial systems. We endorse the position that primary jurisdiction lies with national courts. Further, the events leading to the genocide in Rwanda also move us in support of the view that in the event of jurisdictional dispute, the Court should be the final arbiter.

Mr. President,

We welcome the report of the Preparatory Committee on the establishment of an International Criminal Court. We want to pay special tribute to Mr. Adrian Bos for his stewardship of the preparatory process. It is a matter of regret to us that his health has not allowed him to continue with the role we had expected of him. It is in no small measure a tribute to this son of The Netherlands that we also support The Hague as the seat of the Court to be established. We wish Adrian Bos Godspeed.

We also want to commend the Bureau he worked with, and the outstanding support provided by the Secretariat of the United Nations during the process.

Mr. President,

My government wishes to express its profound gratitude to those governments among us who found it worthwhile to contribute to the Trust Fund which has enabled the widest participation in this process. It is in this regard we wish to recognize the government and people of Belgium, Canada, Denmark, Finland, The Netherlands, Norway and Sweden and European Union.

My government wishes also to extend its gratitude to those Non-governmental Organizations which equally enabled participation in the Preparation Committee on the establishment of an International Criminal Court of participants from amongst our membership. We also wish to recognize the important work done by the NGO movement notably through the coalition of the International Criminal Court for helping to promote recognition of the importance of the Court.

Lastly, Mr. President, the United Republic of Tanzania looks forward to a Court with the widest support and participation of States. We continue to call for a closer alliance between the Court and the United Nations. And we hope for an institution which would be able to act when national courts cannot or are seen as being ineffective. It is only then that those who plan or commit atrocities will no longer be able to act with impunity. This is the challenge before us. I thank you Mr. President.