18 June 1998

ADDRESS BY H.E. MR. VINCENT KIRABOKYAMARIA,
AMBASSADOR TO ITALY OF THE REPUBLIC OF UGANDA

Thank you, Mr. President.

Excellencies, distinguished delegates, representatives of NG0s, ladies and gentlemen,

my delegation joins others before in congratulating you, Mr. President, upon your well-deserved election to the presidency of this historic diplomatic conference of plenipotentiaries. We are confident that with your diplomatic skills and wealth of experience, collectively we shall unveil a worthwhile permanent International Criminal Court.

We would also like to commend highly, the preparatory committee and the bodies before it, for a job well-done. In particular, we commend Professor Adrian Bos of the Netherlands and the other members of the preparatory committee's bureau for their dedication the outcome of which is the consolidated text which we hope, in the weeks ahead, to finalise into the statute of the ICC. It is regrettable that Prof. Bos is unable to be here with us in this historic final leg for which he put in so much. We wish him quick recovery.

Mr. President,

Many views have been aired regarding the various issues, some evidently tricky and delicate, which still require careful consideration and shrewd craftsmanship in order to emerge with a credible outcome. I therefore, wish to highlight a few of them, of concern to Uganda.
Uganda supports the creation of a permanent, independent, transparent and effective international criminal court that is readily accessible to all, and free from any and such differentiations that have hitherto been hallmarks of injustice around the world.

The court should have unfettered jurisdiction over the most heinous crimes such as genocide, war crimes, crimes against humanity and aggression. We do not support any attempts at differentiating between international and internal conflict situations when dealing with war crimes; both witness gruesome atrocities against innocent persons, particularly children, women and other vulnerable groups. The authors and perpetrators of either should be similarly dealt with promptly and decisively.

Mr. President,

The Court cannot and should not replace the various national jurisdictions. That would be a false -start It should only play a complementary role; save where it is abundantly clear that the national legal machinery has either collapsed, is unable, unwilling or is manifestly unenthusiastic or manipulated in effectively dealing with persons or entities suspected of committing crimes which are within the jurisdiction of the ICC.

While Uganda acknowledges the potential constructive role that the Security Council can and will play within its mandate under chapter seven of the UN charter, it will be necessary to shade, in substantial measure, some of the inconsistencies, imbalances and insensitivities with which it is often associated. Any attempt to transplant such methods and practices into the working of the ICC will greatly affect its acceptability, respect and independence. My delegation therefore, hopes that the delegates at this historic conference will marshal the necessary will and craftsmanship in order to emerge with a consensus, constructively defining the role for the Security Council.

Mr. President,

The issue of children in conflict situations is a very touchy one. We support those delegations and NG0s that have advocated for the statute to make adequate and effective provisions for safeguarding this particular group. In particular, abductions, kidnaps, rape, enslavement and other forms of abuse of children should be prominently reflected in the statute. Perpetrators and sponsors of such heinous crimes affecting children ought to be brought to justice.

As far as trigger mechanisms are concerned, we support the view point that any individual, state, non-governmental organisation or the prosecutor on his/her own initiative can initiate action without undue prequalifications. As said above, we trust that an appropriate role and methodology for the Security Council can and will be worked out in this connection
.
Uganda strongly opposes any reservations to the statute as we consider that to be inconsistent with its very purpose. In the same vein,‘opt in', 'opt out' arguments are denied our support. A statute that will take into account gender concerns is our preference.

In conclusion, Mr. President, while hitherto hard-core criminals have run and hidden with impunity as a result of lack of an international criminal jurisdiction, it is the earnest hope of my delegation that in the impending ICC, the international community will be placing roadblocks on every path, road, highway, waterway and airways; in the end the world will truly have become a global village where there is no place for such barbaric criminals to run to or hide under.

Many countries represented here have at one time or other given sanctuary to people fleeing genocide, war crimes, aggression, terrorism, persecution and other crimes against humanity. We commend them. However, some have done the opposite by giving safe havens to those who have been responsible for the flight of those they fail to lay their hands on in such pursuits.

We hope that after Rome, other than for apprehending, remanding and holding perpetrators of gruesome crimes, all gates will forever be closed to such characters. That will he the greatest gift our generation will have given to future generations at the dawn of the next century. And, it is thanks to a very large measure, to the Italian government and people that will have been made possible in the next few weeks.
 

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