
It is with great pleasure and anticipation that I am addressing on
behalf of Bosnia and Herzegovina the Diplomatic Conference of Plenipotentiaries
on the Establishment of the International Criminal Court.
First of all I would like to use this opportunity to pay tribute to UN Preparatory Committee, specialized agencies such as International Atomic Energy Agency and other institutions for their devotion, dedication and energy invested since the adoption of UN General Assembly Resolution 50/46 of 11 December 1995, in order to complete the drafting of the texts of legal instruments deemed necessary for successful work of this Conference.
Allow me to offer our gratitude to our host country, Italy, for thorough preparation and excellent organization of this historic event. I would like also to express our admiration and special gratitude to the Mrs. Emma Bonino, the EU Commissioner, for her tremendous contribution as a spiritus movens to the very realization of this Tribunal.
I am also pleased to commend a contribution of non-governmental organizations in the process of preparation of relevant documents, and their participation in the Conference.
A common consent applied in preparation of legal provisions ensured that all parties, governmental and non-governmental, were able to take part in this complex process in order to bring about the establishment of this international institution.
We welcome proposed Convention and other Court's acts which we believe would be a strong instrument in preventing and punishing the perpetrators of serious crimes. The Court's sovereignty and independence as well as complementarity to national courts and its jurisdiction over trials against most serious crimes, would at least humanize wars and arms conflicts or hopefully put an end to them. Consequently, we all foster hopes never to hear again of acts of slaughter, brutal torture, rapings and other crimes against humanity.
It is expected here on my part to brief you on our experience with a view to the International Criminal Tribunal of Former Yugoslavia, on its contribution to reconciliation amongst the peoples of Bosnia and Herzegovina and creation of conditions for the reconciliation of multiethnic society. Yet, the ICTFY still encounter a great deal of obstacles in reaching all indicted and suspected for commitment of war crimes and crimes against humanity because many of war criminals are still at large. However, the overall impression including the most important one is that the role of the Tribunal is indispensable. The first experiences have been acquired which could be useful for the start of this Court.
Due to our tragic experience in a country ravaged by recent and most horrible war, I see an enhanced role of the participants from Bosnia and Herzegovina at this Conference as desirable and constructive. With our still fresh memories they may recognize and indicate wide range of crimes against humanity and greatly contribute to the definition of the most adequate legal remedies against perpetrators.
Bosnia and Herzegovina has always been cooperative with the efforts by the international Community aiming at putting an end to the crimes which are associated with utmost barbaric behaviour and times that are hundreds of years behind our civilisation. The establishment of this Court will achieve its raison d'etre in preventing that the acts of genocide, war crimes and crimes against humanity not repeat themselves again in the areas where unacceptable violence is taking place right now. In other words, it will strongly force the parties in the conflict to resolve mutual misunderstandings through peaceful means and political dialogue.
I cherish hope deep in myself that International Criminal Court will be just, fair and effective institution, that the Statute of the Court will reflect certain fundamental principles, and that it will take the form consistent with expectations of mankind embodied in the UN Charter of Human Rights and other international conventions. Criminal Court's foreseen universality of jurisdiction, power to exercise cases of its competence, effective complementarity to national laws, independency of its prosecutors, cooperativeness by the states parties to its Convention, independency of budget, adherency to its Statute and ensuring justice for women are amongst the attributes which make it to be an effective instrument for the safer tomorrow for everybody.
The struggle for human rights began in the Great Britain with adoption of Magna Charta Libertatum in 1215. In order that they be accomplished, and not to stay solemn international declarations, the crucial role must have internationally recognized principles. They acquired their acknowledgement on October 10, 1948 by adoption UN General Declaration on Human Rights.
However, despite all the efforts by various international institutions deployed since than, many crimes have taken place from time to time. The world so far failed to translate the contents of these declarations into provisions of effective international criminal law to protect and safeguard the most elementary rights of every human being: right to life, right to security and right to human and dignified treatment. In addition to this, the respect of human rights and freedoms, as basic principles of UN Charter, is one of the most important goals for peace preservation in the world., progress and enhancement of international co-operation.
In the meantime, the world's public opinion evolved towards more human relations with regard to human rights and freedoms and necessity of establishment effective juridical structures preventing individual or collective repressions and ensuring effective systems to prosecute those who perpetrate them. They should encompass all necessary elements of universal justice in order to ensure that everyone stands equal before the law.
We should look forward to this Court which will not only operate according to the will of victoring powers, neither shall be established on an ad hoc basis as a response to occasional waves of crimes committed from time to time. This should be a strong Court, with all needed attributes to provide its credibility, independence and impartiality for fair trial and right to judicial defence.
Finally I dare to express my conviction in speedy resolution of some of undefined issues that refer to doubtness weather the Court will have the jurisdiction only in cases of nonexistence or inefficiency of the national juridical systems; whether the Court will be subjected to some kind of Pre trial Chambre or to the UN Security Council; and so on. We might conclude that the conscious of the world has been wakened-up.
I wish you all successful work for which I expect to be supported by the majority of the states parties and that the Convention and the Statute of the Court will acquire so awaiting character of universality.
Thank you.