Mr. President,
I would like to congratulate you on your election as President of the Conference. We believe that your diplomatic experience and extensive knowledge in law and jurisprudence will lead this Conference to success in its endeavours. My delegation pledges close co-operation with you and the Bureau during the Conference to achieve this noble goal.
Mr. President,
Throughout the history of mankind, many horrifying international crimes
have been committed around the world, the perpetrators of which have gone
unpunished or still remain at large. The international community has realised
the seriousness of such crimes and is determined to see their perpetrators
be brought to justice. In this connection. a number of ad hoc tribunals
have been established to address such crimes and to prosecute persons who
were held accountable
for them.
Mr. President,
Thailand observed closely the development of the concept of individual responsibility for the Commission of Crimes which was clearly demonstrated in the four ad hoc tribunals, namely, the Nuremberg Tribunal, the Tokyo Tribunal, the Former Yugoslavia Tribunal and the Rwanda Tribunal. Thailand firmly believes that tribunals of an ad hoc or temporary nature alone cannot be the sole viable alternative for all international crimes. These tribunals were often set up in haste to handle specific situations. More often than not, tribunals were established after the war by the victor to prosecute the vanquished. It is thus our fervent hope to see the establishment of an International Criminal Court which is permanent, independent and truly impartial.
Mr. President,
Once established, the International Criminal Court should be in no way superior to national courts. Indeed, it must not supersede the existing and organized courts of countries concerned. The International Criminal Court must complement the functions and duties of the national judicial system in the sense that the Court will try a person only where a national court is proven to be genuinely ineffective or unavailable. In other words, the International Criminal Court should serve as alternative judicial forum pursuant to complementarity principles.
Mr. President,
The Secretary-General has rightly mentioned in his remarks at the opening of the Conference that the creation of the International:
Criminal Court is a step in the name of human rights and rule of law. The international community realises that narcotic drugs bring suffering to humankind and destroy the social structure of nations. It is my conviction that countries must act collectively to help bring the wrongdoers to justice. Thailand has dealt with crimes relating to narcotic drugs through extradition and other forms of international cooperation for many years. These crimes are transboundary. They usually involve several individuals such as producers, traffickers, sellers and consumers, who in most cases are in different countries. Yet, co-operation through bilateral agreements or through the mechanism of Interpol are not sufficient to effectively combat these crimes. The International Criminal Court could be a credible alternative mechanism in the suppression of crimes relating to narcotic drugs. In view of the urgent need to eradicate these crimes, Thailand has proposed that illicit traffic in narcotic drugs and psychotropic substances should fall under the jurisdiction of the International Criminal Court.
Mr. President,
As far as the financing of the Court is concerned, taking into consideration the complexity of the Statute of the Court which requires enabling legislation in many countries, it is foreseeable that the International Criminal Court may obtain few member Parties in its initial stage. This would then place too heavy a financial burden on the Parties concerned. To ensure the early, effective and continuous functioning of the International Criminal Court, Thailand favours the option that the budget of the International Criminal Court in the initial stage should come from the annual budget of the United Nations. Thereafter, when the Court commands an adequate number of member Parties, the Parties should assume responsibility for financing the Court.
Mr. President,
Thailand strongly supports the establishment of the International Criminal Court. We are pleased to see that the untiring efforts and hard work of all the delegations to establish a permanent international court have brought us to the stage where the successful establishment of an International Criminal Court is within reach. This endeavour will undoubtedly bring justice not only to the parties to a case but also to the victims of crimes who have for too long remained without means of redress.
Thank you.