UN: EU Statement on the Report of the ICC

61st session of the General Assembly
UNITED NATIONS
Agenda Item 74: Report of the ICC

Statement by H.E. Ambassador Kirsti Lintonen, Permanent Representative of Finland to the United Nations, on behalf of the European Union

New York, 9 October 2006

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Mme. President,

I have the honour to speak on behalf of the European Union.

The Acceding Countries Bulgaria and Romania, the Candidate Countries Croatia* and the former Yugoslav Republic of Macedonia*, the countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia, and the EFTA country Iceland, member of the European Economic Area, as well as Ukraine and the Republic of Moldova align themselves with this declaration.

* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.

Mme. President,

The European Union is firmly committed to ending impunity for the most heinous crimes of concern to the international community. The International Criminal Court may well be seen as one of the greatest achievements in the fight against impunity in recent times. The EU reiterates its strong support for the work of the Court.

The importance of the ICC is to be seen in a wider context of international order. The Court is critically placed to contribute to a more peaceful and just world, promoting respect for international humanitarian law, human rights and the rule of law. The European Union remains convinced that peace and criminal accountability are not conflicting goals. Quite the contrary, to our mind sustainable peace cannot be achieved if the demands for individual accountability for the most serious international crimes are not duly addressed. Any society built on the rule of law has a greater possibility of coming to terms with past abuses.

The ICC plays a significant role in ensuring accountability where national judicial systems have failed –or are not willing or able to function. As for deterrence and prevention, the European Union views the ICC as an essential instrument for the prevention of genocide, crimes against humanity and war crimes.

At the same time, the ICC is an institution for exceptional cases only. The primary responsibility for bringing offenders to justice continues to rest with states. One could also speak of the role of the Court in mainstreaming accountability for the most serious crimes, and in strengthening local rule of law, including setting standards on due process.

Mme. President,

The EU expresses its appreciation to the President of the ICC, Judge Philippe Kirsch, for presenting the second annual report on the work of the Court. The report clearly demonstrates that the Court is a living institution with the unsealing of the first arrest warrants against 5 LRA leaders, as well as the first proceedings against an accused. In this respect, the EU welcomes the arrest and surrender of Mr. Lubanga by the authorities of the Democratic Republic of Congo to the ICC and his subsequent transfer to The Hague. The investigations into the situation in Sudan, as referred to the ICC by the Security Council, should also be mentioned in this context.  

The EU supports the aim of the Court to become the centre-piece of an emerging system of international criminal justice. The EU welcomes the Court's increased co-operation with other international and hybrid tribunals. This is important for sharing experiences, establishing best practices, and for ensuring consistent interpretation and application of the law. In particular, we welcome co-operation with the Special Court for Sierra Leone, with a view to facilitate the Special Court to implement its mandate.

Furthermore, the EU cherishes the deepened co-operation with international organisations, in particular with the United Nations. The UN is a critical partner to the ICC in the field, as it may be in a position to provide the Court with evidence or logistical support. We are pleased that the liaison office of the ICC to the United Nations has just been established. The EU wishes to extend its appreciation and heartfelt thanks to the Secretary-General for his valuable support extended to the ICC throughout his term and requests him to make this support even more tangible on the ground.

The European Union is pleased to have concluded an agreement with the ICC on cooperation and assistance in April this year and encourages other relevant organisations, including the African Union, to formalise their co-operation with the Court.

Mme. President,

The European Union is a strong and active advocate for the universality of the ICC, and a dedicated defender of the integrity of the Rome Statute. The EU reiterates its call upon all States, –that have not yet done so–, to ratify or accede to the Rome Statute, as well as to the agreement on privileges and immunities of the Court. The EU is willing, within its established mechanisms, to assist with the ratification process of the Statute or its implementation.

As the ICC is now truly operational, the effective cooperation and assistance by States, as well as the United Nations and other international and regional organisations extended to the Court has become more important. Bringing to justice the perpetrators of the most serious crimes is not only in the interest of victims and affected communities but also serves the interests of the international community as a whole.

As the ICC does not have enforcement capacity, assistance is particularly needed for the arrest of suspects, the provision of evidence, the relocation of witnesses and the enforcement of sentences. Under the Rome Statute, it is the States Parties that bear responsibility for arresting suspects and delivering them to the Court for prosecution. We call on all concerned to give that cooperation fully.

The EU welcomes the work done by the Court to develop its Strategic Plan and urges the Court to continue its consideration and work in this area. The EU also invites the Court to continue with the State Parties the dialogue that has now been initiated.

The EU welcomes also the ICC's intensified efforts relating to its outreach activities in the field. Reaching out to societies and people affected by crime is extremely important for the successful discharge of the wider mandate of the Court. The activities of the Court in this respect are particularly important when reaching out to victims who have an internationally unique role under the Rome Statute. The European Union looks forward to discussing the Court's strategic plan for outreach at the meeting of the Assembly of the States Parties later this year.

Finally, Mme. President,

The European wishes to thank the Liechtenstein Institute for Self-Determination with Princeton University, as well as Ambassador Christian Wenaweser and his staff, for organising the third Intersessional Meeting of the Special Working Group on the Crime of Aggression at Princeton in June.

These meetings have proved to be highly conducive for the preparation of provisions relating to the crime of aggression, –the definition of which is of interest to UN members as a whole. The EU encourages the widest possible participation at the meetings of the Special Working Group, which is open to all Member States of the United Nations.

I thank you.