
Mr. President, Distinguished Delegates, Ladies and Gentlemen,
The European Law Students' Association (ELSA) and its partners of Africa, Asia and the Americas are deeply honoured to address the plenary of this conference, which has been defined as the most important international law conference since San Francisco, 1945.
New generations want to live in a just world in which there is respect for human dignity, international society in which peace and Justice go hand-in-hand.
An independent, fair and effective International Criminal Court should be the first building of a just world order, insofar as criminal justice is an essential prerequisite for the rule of law.
International justice can be achieved only if the Court is able to prosecute and punish perpetrators of genocide, crimes against humanity, war crimes and aggression without being conditioned by the approval of any political body.
If justice is to be done and to be seen to be done, the principle of equality of all before the law be respected and every suspect of an "international crime" must enjoy his or her right to a fair trial
No state consent should be required when a case can be prepared by an independent prosecutor, starting investigations ex officio and if each State Party to the ICC can be able to exercise their universal jurisdiction over the crime.
Indeed, it would be meaningless to create a permanent International Criminal Court that would have less "power" than domestic Tribunals of State Parties, wherever the crimes were committed, whatever the nationality of the author or victim.
The realisation of Justice for victims of gross violations of international
humanitarian law and human rights can only be achieved when victims are
able to access justice in three areas:
- the right to know the truth,
- the right to a fair trial, and
- the right to reparation, including restitution, compensation,
rehabilitation, satisfaction and guarantee of non repetition.
This is in accordance with the legal principle stating that where
a wrong exists there must be a corresponding; judicial remedy, as stated
in Article 8 of the Universal Declaration of Human Rights and article 2,
paragraph 3, of the International Covenant on Civil and Political Rights.
Articles 68 and 73 of the Draft Statute are central to satisfying the
quest of justice for victims of atrocities occurring in times of war or
times of peace.
World public opinion, civil society and future generations are watching
the Rome Diplomatic Conference: we want concrete results.
Thus, the statute must create a court which incorporates each of the
basic principles adopted members of the NGO Coalition Steering Committee.
Our eyes are open and the expectation towards the law of peace in the
year 2000 cannot be betrayed.
Your responsibility, Mr. President and distinguished delegates, is
confronted with our ideals and principles for a just world.
Let's not miss this unique occasion to provide future generations with an effective tool to prevent immense sufferings and break the vicious circle of impunity, that is an International Criminal Court.