Mr. President,

My delegation joins other delegations in congratulating you on your assumption of the presidency of this momentous gathering in international law and international relations. In contemporary times there have not been many conferences that match, in significance, this process. Your diplomatic skills and the outstanding contributions you have made in the field of law should serve us well during the coming weeks. My delegation looks forward to working together with you as we all strive to reach a successful conclusion.

Mr. President,

South Africa has already delivered a statement on behalf of the countries of the Southern Africa Development Community (SADC). My delegation endorses fully the statement made and supports fully the principles outlined in that statement. We take the floor if only to emphasise a few points.

Mr. President,

The idea of establishing a permanent International Criminal Court has been on the international agenda for a long time. 'Until now, various developments, big and small, have conspired against the realisation of this goal, an aspiration, that. seeks to make the international order complete and secure for present and future generations. Malawi believes that the time is now propitious and we should all seize this important moment in history to conclude the statute. We may never have this opportunity again.

Mr. President,

While Malawi supports the early establishment of a permanent international criminal court, we do not believe that we should have the court at all costs. We have set for ourselves three, not entirely new but important bench marks; standards that have withstood the test of time.

First, Malawi seeks a court that is independent. We desire a court that is independent in the subjective and objective sense; a court that will cornmand the respect of all nations and those it will sit in judgement of. We are in search of a court that is immune from outside influence.

Second, Malawi seeks a court that is impartial, a court that will not only dispense justice but that will be seen to be dispensing international justice. We seek a court that is not biased, a court that is fair and just.

Third, Malawi seeks a court that is effective. A court with adequate power to function, to accomplish its mandate and capable of producing results on behalf of the international community, one that will bring an end to impunity. A court that will complement rather than compete with national criminal justice systems.

Mr. President,

A court that meets the foregoing attributes is one that Malawi will accept. We are encouraged with the progress so far made. We pay tribute to the Preparatory Committee which worked assiduously under the chairmanship of Mr. Adrian Bos, whose absence at this crowning moment we sincerely regret. His absence should inspire, plod us to work even harder so that we may resolve the remaining issues.

Malawi appreciates that there are many outstanding issues which might seem intractable. We believe these problems can be resolved without compromising on the independence, impartiality and effectiveness of the court. On our part, we will try our best to assist you carry out your responsibilities.

Mr. President,

The international community has reached a critical stage in the history of international law and international relations. The challenge is to come up with a statute that Peter Van Hagenback would have willed to have been tried under; a statute which Gustave Moynier, one of the early advocates of an international court, would have been proud of. But, even more importantly, let us come up with a statute that will be universally accepted by present and future generation's. My delegation has no doubt that the rich traditions, in legal theory and international law, traditions that have made Rome the appropriate host city for a conference of this magnitude, will impel us to excel as we contend with perhaps the most important Conference since San Francisco.

I thank you, Mr. President.