HONOURABLE MR PRESIDENT,
YOUR EXCELLENCIES,
LADIES AND GENTLEMEN
 

THANK YOU FOR PROVIDING ME WITH THIS OPPORTUNITY TO EXPRESS THE VIEWS OF ESTONIAN DELEGATION ON THE OCCASION OF THIS HISTORIC DIPLOMATIC CONFERENCE ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT.

LET ME ALSO CONGRATULATE YOU MR PRESIDENT AND OTHER ELECTED OFFICERS OF THE CONFERENCE UPON THEIR ELECTION AND EXPRESS OUR HOPE THAT YOUR IMPORTANT WORK WILL RESULT WITH THE ESTABLISHMENT OF A NEW INTERNATIONAL INSTITUTION.

FOR OVER HALF A CENTURY, THE INTERNATIONAL COMMUNITY HAS BEEN SEEKING TO ESTABLISH A PERMANENT INTERNATIONAL CRIMINAL COURT. EVENTS IN THE RECENT PAST HAVE SHOWN, THAT GROSS VIOLATIONS AND ABUSE OF HUMAN RIGHTS DO STILL OCCUR. THERE IS NO DOUBT THAT WE NEED A PERMANENT COURT. THEREFORE ESTONIA FIRMLY SUPPORTS THE ESTABLISHMENT OF AN INDEPENDENT, IMPARTIAL AND EFFECTIVE PERMANENT INTERNATIONAL CRIMINAL COURT, WHICH CAN PROVIDE THE NECESSARY  JUDICIAL RESPONSE IN CASES WHERE INDIVIDUAL CRIMINAL  ACTIONS OF A VERY SERIOUS NATURE OCCUR AND WHEN NATIONAL COURTS ARE NOT ABLE OR WILLING TO PROSECUTE SUSPECTED PERSONS OR INVESTIGATE CRIMES.

ESTONIA COMPLETELY SHARES THE POSITION EXPRESSED BY TONY LLOYD, MINISTER OF STATE, FOREIGN AND COMMONWEALTH OFFICE OF THE UNITED KINGDOM ON BEHALF OF THE EUROPEAN UNION. I HOWEVER TAKE THIS OPPORTUNITY TO MAKE SOME REMARKS TO TOUCH ON SOME OF THE FUNDAMENTAL PRINCIPLES ON WHICH OUR DELEGATION BELIEVES A TRULY IMPARTIAL AND EFFECTIVE COURT SHOULD BE BASED.

FIRSTLY, THE COURT SHOULD HAVE JURISDICTION OVER THE CORE CRIMES OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES. WE SUPPORT THE INCLUSION OF CRIME OF AGGRESSION, PROPERLY DEFINED, WITHIN THE JURISDICTION OF THE COURT.

SECONDLY, ESTONIA IS OF THE VIEW THAT BY BECOMING A PARTY TO THE STATUTE, A STATE MUST ACCEPT THE COURT'S JURISDICTION OVER ALL THESE CRIMES.

THIRDLY, ONE OF THE MOST WORRYING TRENDS IN OUR DAYS WORLD IS THE INCREASING PREVALENCE OF CONFLICTS OF NON-INTERNATIONAL CHARACTER.THEREFORE ESTONIA CANNOT ACCEPT THE EXCLUSION FROM THE COURT'S JURISDICTION OF THE WAR CRIMES COMMITTED DURING AN INTERNAL CONFLICT.

FOURTHLY, THE ROLE OF THE PROSECUTOR IS CRUCIAL FOR THE COURT'S EFFECTIVENESS. THE PROSECUTOR MUST BE ABLE TO INITIATE A PROCEEDING EX OFFICIO, I.E. ON HIS OWN INITIATIVE AND HE OR SHE SHOULD BE ABLE TO RECEIVE COMPLAINTS FROM THE WIDEST POSSIBLE NUMBER OF SOURCES.

FIFTHLY, PERHAPS THE MOST DIFFICULT ISSUE IS THE RELATIONSHIP BETWEEN THE SECURITY COUNCIL AND THE COURT. WE ARE IN THE VIEW THAT THE SECURITY COUNCIL MUST BE ABLE TO REFER SITUATIONS TO THE COURT. BUT IN ORDER TO ENSURE THE RESPECT FOR THE BASIC PRINCIPLE OF LAW THAT A COURT MUST BE IMPARTIAL AND INDEPENDENT, PROSECUTIONS SHOULD NOT BE SUBORDINATED TO A PREROGATIVE CONFERRED ON THE SECURITY COUNCIL TO PREVENT OR DELAY PROSECUTIONS WHEN IT IS DEALING WITH A SITUATION UNDER CHAPTER VII OF THE CHARTER.

SIXTHLY, THERE SHOULD BE NO PROVISION FOR A DEATH PENALTY.

SEVENTHLY, ESTONIA IS OF THE VIEW THAT THE FUNDING MECHANISM WOULD ENSURE THE COURT'S UNIVERSIALITY.THE ICC SHOULD BE FINANCED FLEXIBLY FROM THE UN REGULAR BUDGET AND CONTRIBUTIONS OF STATE PARTIES.

MR PRESIDENT,

DISTINGUISHED DELEGATES, A NEW, TRULY IMPARTIAL, CREDIBLE AND FUNCTIONAL INTERNATIONAL COURT IN THE HAGUE WOULD BE A SIGNIFICANT CONTRIBUTION TO MAKING OUR WORLD MORE JUST AND SECURE IN THE BEGINNING OF THE NEXT MILLENNIUM. WE HOPE THAT IT IS POSSIBLE TO FINALISE AND ADOPT THE STATUTE ESTABLISHING A PERMANENT INTERNATIONAL CRIMINAL COURT AND ESTONIA WILL MAKE EVERY EFFORT TO CONTRIBUTE TO THIS WORK. FINALLY, LET ME CONCLUDE BY EXPRESSING MY DELEGATIONS DEEP APPRECIATION TO THE GOVERNMENT OF ITALY AND FAO FOR HOSTING THIS CONFERENCE.

THANK YOU FOR YOUR KIND ATTENTION