Mr. President, your Excellencies, Ladies and Gentlemen,

It is more than fifty years ago that the most serious criminals of the Second World War were tried before the international tribunals of Nuremberg and Tokyo. It is also fifty years ago that the United Nations adopted the Genocide Convention and this year, too, we commemorate the fiftieth anniversary of the Universal Declaration of Human Rights. Over the next few weeks this Conference must keep a promise made to mankind fifty years ago, the promise that the most serious crimes known to mankind will not go unpunished.

For that reason it is an honour to address this Conference. May I express through you, Mr. President, the gratitude of the Government of the Kingdom of the Netherlands to the Italian Government for generously hosting this Conference in Rome. I congratulate you and the other members of the Committees on your election to your respective offices, and I am convinced that you will guide this Conference to a successful conclusion.

Mr. President,

Allow me to thank the many delegations and his colleagues for the heartwarming responses to the sad news that Mr. Adriaan Bos, Chairman of the Preparatory Committee, was unable to be here. Yesterday, on my way from the European Council in Cardiff to Rome, I telephoned him. He is recovering well and is following our progress on the Internet and through daily contacts with my delegation. I was happy to inform him that so many delegations supported The Hague as seat of the Court. Adriaan was delighted.

I express my firm confidence in, and full support to the Chairman of the Committee of the Whole, Mr. Philippe Kirsch of Canada who, at a moments notice, was able to take up this important position.

Mr. President,

Let me now turn to the purpose of this Conference. Highly political decisions lie ahead of us. We can no longer walk away from them. Media reports confront us daily with the atrocities this permanent International Criminal Court will be set up to redress. A heavy task lies on our shoulders at this juncture in time.

Mr. President,

The Kingdom of the Netherlands is in favour of the establishment of an independent and effective International Criminal Court with strong institutional and organizational links with the United Nations.

We believe that the Court's jurisdiction should cover genocide, crimes against humanity and war crimes, on the basis of international law as currently applied. The Netherlands delegation would also support the inclusion of the crime of aggression, if a generally acceptable solution can be reached on its definition and on the role of the Security Council. We are opposed to bringing any other crimes under the Court's jurisdiction.

The Netherlands advocates an overall system for the exercise of jurisdiction by the Court. We do not want the Court to be depend on the ad hoc consent of States.

The Netherlands favours a system of "trigger mechanisms" which will allow the Court to act when a situation is brought to its attention by States Parties, by the Security Council, or by the Prosecutor ex proprio motu.

The Netherlands fully supports the rule of "Complementarity" which will provide sufficient safeguards for states which have an effective and available criminal justice system themselves.

The Court's Statute should be concise and comprehensive. The Netherlands is strongly against the death penalty and will therefore oppose its inclusion in the Statute.

The Court must be able to adapt its organization, administration and composition to its case load. We believe in a Court that will be able to swiftly serve justice to those who deserve it, but it should be flexible in its organization.

Mr. President,

International cooperation is essential for the Court's effectiveness. For the Court to be truly universal, no national exceptions should be allowed to deny cooperation and assistance as requested by the Court. In this respect, we are also in favour of special proceedings before the Court which guarantee the confidentiality of sensitive national information.

The Netherlands Government believes that the world community should share the burdens involved in having an International Criminal Court, as we all share its benefits. No single country or group of countries should bear that burden alone. On the other hand, such a burden should never be an obstacle to becoming a Party to the Statute. We call upon the nations of the world to share the responsibilities for having this Court on an equitable footing, making it truly universal.

We favour a system of funding, that would ensure the effective operation of the Court, while at the same time reflecting the responsibilities of States for a universal International Criminal Court.

Mr. President,

The commitment of the Netherlands and of the city of The Hague to the cause of Justice is well known.

Almost one hundred years ago, the 1899 Hague Peace Conference established the Permanent Court of Arbitration, which took up its seat at the Peace Palace. The Peace Palace was also the seat of the League of Nations Permanent Court of International Justice. And now, the main judicial organ of the United Nations, the International Court of Justice, sits in the Great Hall of Justice in the very same Peace Palace in The Hague. Only six years ago, The Hague was chosen as seat for the International Tribunal for the former Yugoslavia.

Judge Schwebel, President of the International Court of Justice, gave The Hague the honorary title of "Judicial Capital of the World". And, Mr. President, noblesse oblige: my Government proposed the city of The Hague as seat for this International Criminal Court. Many Governments have already informed us of their support for the candidacy of the city of The Hague, as did many delegations during the first sessions of this Conference. Wim Deetman, mayor of The Hague, and I, we would like to express our gratitude for the confidence these countries have given us, and we assure you that we will do everything to prove The Hague a worthy host to the International Criminal Court.

These next five weeks we all will be working hard on the establishment of the Court itself. This Bid for Justice cannot be allowed to fail and together we share the responsibility for bringing this Conference to a successful end.

Thank you.