SOUTH AFRICA, GERMANY ANNOUNCE RATIFICATION OF STATUTE TO ESTABLISH INTERNATIONAL CRIMINAL COURT

Press Release
L/2966

SOUTH AFRICA, GERMANY ANNOUNCE RATIFICATION OF STATUTE TO ESTABLISH INTERNATIONAL CRIMINAL COURT

Preparatory Commission Begins Two-week Review Of Practical Arrangements Needed to Facilitate Functioning of New Body

Two more countries this morning announced ratification of the treaty establishing the new International Criminal Court, and two others informed of their signing or intent to sign the treaty, as the Commission preparing the way for the Court began a two week session to focus on some of the practical arrangements that need to be put in place for the Court to function. (For further information on the session of the Preparatory Commission and on the International Criminal Court, see Press Release L/2965 of 24 November.)

South Africa and Germany told the Commission that they had completed their domestic ratification process and would soon deposit the ratifications with the Secretary-General. Once they do so, they will become, respectively, the twenty- third and twenty-fourth countries to have ratified, out of the 60 needed to bring the Court into being.

The United Arab Emirates became the 116th country to sign the treaty, more commonly known as the Rome Statute, and Syria also announced this morning its intention to sign presently. The treaty remains open for signature until 31 December 2000.

In an opening statement to the Preparatory Commission’s sixth session, Philippe Kirsch (Canada), Chairman of the Commission, said that the priority given to the Court by world leaders at the Millennium Summit and by the Secretary-General and other high officials at the United Nations and in governments had contributed to a notable increase in the number of signatures and ratifications.

The 13-part Statute of the International Criminal Court, which was adopted by an unrecorded vote of 120 in favour to 7 against with 21 abstentions, gives the Court the authority to investigate and bring to justice individuals who commit the most serious crimes of concern to the international community, such as genocide, war crimes and crimes against humanity. States Parties to the Rome Statute, the Security Council and the Court's Prosecutor have the power to bring cases before the Court, which will be presided over by 18 judges from 18 different countries. It will have an independent prosecutor elected through secret ballot by States that have ratified the Statute.

Preparatory Commission for the - 2 - Press Release L/2966 International Criminal Court 27 November 2000 24th Meeting (AM)

The Preparatory Commission is to meet again in plenary session on Friday, 1 December at 10 am.

Statement by Chairman

PHILIPPE KIRSCH (Canada) said the year 2000 had been important in the collective efforts to bring the International Criminal Court into being. At the Millennium Summit, heads of State and government had emphasized the importance of the Court in the Declaration which they had unanimously adopted. Moreover, the priority given to the Court by the Secretary-General, the President of the General Assembly, the Legal Counsel and many governments had contributed to a notable increase in the number of signatures and ratifications of the Rome Statute. Since the last meeting in June, nine more countries had ratified the Statute.

The year 2000 had also been a productive year for the Preparatory Commission, he continued. It had met its deadline for finalizing the texts on the Elements of Crime and the Rules of Procedure and Evidence. It was particularly significant that those drafts had been concluded by general agreement, which involved difficult compromises for all. Those efforts demonstrated the appreciation of all States that for the Court to be fully effective in its work, it should enjoy the widest support possible. The consensus also demonstrated international acceptance of the procedures of the Court and the crimes within its jurisdiction. That would help provide the Court with an even stronger international stature and should facilitate widespread ratification.

He announced the formation of three more working groups in addition to the Working Group on Crime of Aggression, coordinated by Tuvako Manongi (United Republic of Tanzania). They are the Working Group on Financial Regulations and Rules, coordinated by Phakiso Mochochoko (Lesotho); the Working Group on the Relationship Agreement between the Court and the United Nations, coordinated by Cristian Maquieira (Chile); and, the Working Group on Privileges and Immunities, coordinated by Georg Witschel (Germany).

The Chairman also announced that he would name coordinators or contact points for the remaining items -- which would be taken up at future sessions -- on the Commission's mandate, namely, the budget for the first financial year, the rules of procedure of the Assembly of States Parties, and, the principles governing the Headquarters agreement. He also noted that the Sixth Committee (Legal) had approved a draft resolution scheduling two more sessions of two weeks each in 2001 to take place in February and September.

Statements

DUMISANI KUMALO (South Africa) informed the meeting that his country had this morning ratified the Statute of the International Criminal Court as evidence of its resolve to end impunity for international crimes and contribute to the establishment of an institution for international justice.

Preparatory Commission for the - 3 - Press Release L/2966 International Criminal Court 27 November 2000 24th Meeting (AM)

He said South Africans, as victims of apartheid, had experienced the pain and despair suffered by victims of crimes against humanity when they were without a forum from which to seek justice. It was for that reason that South Africa had resolved not to be a party to any further delay in establishing the International Criminal Court any longer. Other States shared the same decision, and acted upon it by ratifying the Court’s Statute.

AZIZ SHUKRI (Syria) announced that his country had decided to sign the Rome Statute, which he described as the most important achievement of the international community since the signing of the United Nations Charter (in 1945).

MOHAMMAD ZAKHAIRAH AL-DAHAIRI (United Arab Emirates), his country’s Minister of Justice and Islamic Affairs, announced that the United Arab Emirates had this morning signed the Rome Statute. He said his delegation looked forward to the Preparatory Commission completing its work successfully. It attached great importance to the issue of aggression, and hoped a definition would be arrived at, to allow the International Criminal Court to fulfil its mandate fully.

HANS-PETER KAUL (Germany) announced that his country’s Permanent Representative to the United Nations, Dieter Kastrup, would deposit Germany’s instrument of ratification of the Rome Statute at the United Nations on 11 December –- the fifty-second anniversary of the Universal Declaration of Human Rights. The instrument of ratification was before the German President for signature.

He said that, on 27 October, the German Bundestag had adopted in third and final reading the treaty law of the Rome Statute. It was a unanimous vote, with members of all parties represented in the German Parliament joining the consensus. Noting that extradition of German nationals was constitutionally forbidden, he said a new article in the German Constitution would now allow the surrender of German nationals to the International Criminal Court.

He reiterated his country’s firm hope that States that had not done so would sign and ratify the Rome Statute as early as possible. In particular, he called upon the United States to sign and ratify the Statute before the end of the year.

VICTOR TCHATCHOUWO (Cameroon) said the rules developed should be flexible, to help the judges of the International Criminal Court in carrying out their functions. His delegation welcomed the establishment of a working group on the crime of aggression; political will would be needed to deal with that important issue. There should be no conflict between the Court and the Security Council over competence in dealing with it; they should both work together

He said a strong and independent Court could be achieved if the Preparatory Commission adopted a pragmatic approach. His Government planned seminars for the first quarter of next year to make people in the sub-region aware of the importance of the International Criminal Court.

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