INTERNATIONAL CRIMINAL COURT ‘NOW A FUNCTIONING JUDICIAL INSTITUTION’, ASSEMBLY OF STATES PARTIES TOLD, AS IT BEGINS ONE-WEEK SESSION
| Press Release L/3047 |
International Criminal Court
Assembly of States Parties
Second Session
1st Meeting (AM)
INTERNATIONAL CRIMINAL COURT ‘NOW A FUNCTIONING JUDICIAL INSTITUTION’,
ASSEMBLY OF STATES PARTIES TOLD, AS IT BEGINS ONE-WEEK SESSION
The International Criminal Court (ICC) was now a functioning judicial institution seeking to make its contribution in the service of humanity, the President of the second session of the Assembly of States Parties to the Rome Statute of the ICC, Zeid Ra’ad Zeid Al-Hussein (Jordan), said in opening remarks.
He added that the challenges posed by the process of setting up a permanent judicial institution of universal character had not been fully anticipated. Although major steps had been taken, and many stumbling blocks had been overcome, numerous political and other challenges remained.
In introducing the report of the ICC, the President of the Court, Judge Philippe Kirsch said the Court was no longer an aspiration but a functioning institution and was preparing to meet the challenge before it: to ensure the even-handed and effective delivery of justice and, in so doing, to conduct efficient, transparent and fair proceedings.
Prosecutor Luis Moreno-Ocampo, outlining the activities of his Office to establish policy, structure and regulations, encouraged States to “take ownership” of the Court. Turning to the alleged crimes committed in the Ituri district of the Democratic Republic of the Congo, he said that those potentially constituted genocide, crimes against humanity, or war crimes -– all of which fell within the Court’s jurisdiction. If necessary, he stood ready to seek authorization from a pre-trial chamber to start an investigation.
In further business, the Assembly adopted its agenda and agreed on the organization of its work. In that regard, Mr. Al-Hussein, the Assembly’s President, informed the Assembly he had appointed Christian Wenaweser (Liechtenstein) to chair the Special Working Group on the Crime of Aggression; Patricio Ruedas (Spain) to chair the Working Group on the draft programme budget; and Gaile Ramoutar (Trinidad and Tobago) to chair the Working Group on Staff Regulations.
The Assembly elected, without a vote, Benin, Fiji, France, Honduras, Ireland, Paraguay, Serbia and Montenegro, Slovenia and Uganda to the Credentials Committee. Also without a vote, it elected Elena Sopkova of Slovakia and Inna Steinbuka of Latvia (both from the Group of Eastern European Countries) as members of the Committee on Budget and Finance.
In principle, the Assembly agreed to the establishment of a Secretariat of the Assembly of States Parties along the lines of the draft resolution as contained in annex II to document ICC-ASP/2/3.
The Assembly further took note of the report of the ICC as contained in document ICC-ASP/2/5, and of the President’s oral Report on the Activities of the Assembly’s Bureau.
The Assembly postponed to a later date the election of the Board of Directors of the Trust Fund for the Benefit of Victims.
The Minister of Justice, Administration and Local Self-government of Croatia, Ingrid Anticevic Marinovis, also addressed the Assembly, as did the representatives from the ICC’s host country, the Netherlands; Italy (speaking on behalf of the European Union and associated States); and Peru (speaking on behalf of the Rio Group).
The representative of Spain made procedural remarks.
The Assembly of States Parties will meet again tomorrow, at 10 a.m. to consider election of the Deputy Prosecutor.
Statements
In opening remarks, the President of the second session of the Assembly of States parties to the Rome Statute of the International Criminal Court (ICC), ZEID RA’AD ZEID AL-HUSSEIN (Jordan), asked participants to observe a minute of silence in honour of those United Nations personnel killed or injured in the bomb blast at United Nations headquarters in Baghdad.
He said that, looking back at the Court’s first year, it was an understatement to say that the challenges posed by the process of setting up a permanent judicial institution of universal character had been fully anticipated. Nevertheless, major leaps and bounds had been taken and many stumbling blocks had been overcome. The ICC was much more than a name and a post office box number; it was a functioning judicial institution seeking to make its contribution in the service of humanity, in complementarity with national criminal justice systems.
He said that many political and other challenges lay head and many activities involving institution building and court management had to be undertaken. The Court stood for a just and inherently moral cause. He had no doubt that it would succeed in its efforts. Since the April meeting of the Assembly, three more States, namely, Albania, Afghanistan and Lithuania had become parties to the Statute bringing to 90 the total number of parties. Also, Guinea and Georgia had entered their instruments of ratification. Its universality remained a goal of the international community. He was optimistic that, sooner rather than later, “we shall reach that century mark”.
Judge PHILIPPE KIRSCH, President of the ICC, introducing the Court’s Report to the Assembly (document ICC-ASP/2/5/), said the Court was no longer an aspiration but a functioning institution and was preparing to meet the challenge set to it: to ensure the even-handed and effective delivery of justice and, in so doing, to conduct efficient, transparent and fair proceedings. The Judges had begun the process of drafting the Regulations of the Court. The objective was to finalize the document by the end of the year, after which it would be submitted to the Assembly. The Court was also looking into ways to enhance public awareness and ensure wider participation.
He said significant administrative and organizational work had yet to be accomplished. The Judges would also have to come to a joint agreement on the Code of Ethics of Judges. As the time approached for the first cases to be heard, the presidency would gradually call upon the Judges to serve on a full time basis. The budget needs had been evaluated on certain hypotheses as to how the Court would be involved. Flexibility on implementing the budget was necessary, as the functions to be accomplished would determine the resource needs.
Judge Kirsch said the Court was to be brought into a relationship with the United Nations through a Relationship Agreement, which involved, among other things, adoption of a resolution by the General Assembly. The dialogue with international civil society would also continue to be valuable. He asked States parties to sign and ratify the Agreement on Privileges and Immunities, as without those, the personnel of the Court would have great difficulty acting outside the Host State.
International Criminal Court Prosecutor LUIS MORENO-OCAMPO encouraged States to “take ownership” of the Court. His Office had been working to establish policy, structure and regulations. He envisaged adopting the final structure and regulations during the first half of 2004. In the design of the structure, he was trying to ensure that its operations would be cost efficient. Progress had been made in the recruitment process, and geographical and gender representation was being maintained. Special attention had also been paid to the selection of the Deputy Prosecutor, for which three nominations had been accepted. In order that the end of his own term did not coincide with the expiration of the Deputy Prosecutor’s, he had recommended a shorter term for the latter post.
Recalling a statement by Judge Kirsch, Mr. Moreno-Ocampo said the ICC was independent and interdependent at the same time. It could not act alone. It would achieve its efficiency only if it worked closely with other members of the international community. Updating the parties about the alleged crimes committed in Ituri, in the Democratic Republic of the Congo, he said that the crimes reportedly taking place there potentially constituted genocide, crimes against humanity, or war crimes –- all of which fell within the Court’s jurisdiction.
Detailed reports from several civil society organizations estimated that at least 5,000 civilians had died as a direct consequence of violence in Ituri since 1 July 2002, he said. The estimated total number of deaths since the beginning of the conflict ranged from 2.5 million to 3.3 million people. The deaths were a consequence of the fighting, as well as of indirect causes, including starvation, landmines, untreated injuries and diseases, including the transmission of HIV/AIDS through rape. Those figures made that conflict the most devastating to civilians since the Second World War.
He said that mass killings were just one type of crime being committed in Ituri. Crimes specifically targeting women and children were also widespread in the area, according to reports from the United Nations Children's Fund (UNICEF). Hundreds of women and girls were being raped, mutilated and killed and they were constantly exposed to HIV/AIDS, which was said to afflict a sizeable portion of that country’s population. Between 8,000 and 10,000 children were serving as soldiers and, in total, it was estimated that more than 30,000 child soldiers now served among the ranks of the various belligerents, representing between 40 per cent and 60 per cent of the soldiers.
He hoped that a national system could be reinvigorated, with the assistance of the international community, in order to enable the Congolese, themselves, to investigate and prosecute those responsible. If necessary, he stood ready to seek authorization from a pre-trial chamber to start an investigation. In that case, the protection of witnesses, the gathering of evidence and the arrest of suspects would be extremely difficult without the strong support of national and international forces. If that was not available, his Office would need to investigate from outside and rely on international cooperation for the arrest and surrender of the alleged perpetrators.
INGRID ANTICEVIC-MARINOVIC, Minister of Justice, Administration and Local Self-government of Croatia, said her country was undertaking the necessary adjustments of its legislation in order to create conditions for the implementation of the Rome Statue and to reinforce legal mechanisms guaranteeing complementarity between the national jurisdiction and the ICC. The perceptions that the Court projected in its opening years would be critical for its future.
She said that in dispelling perceptions that the Court was vulnerable to politicization, one should not lose sight of the fact that the Rome Statute reflected a very high degree of consensus within the international community. It contained a number of carefully designed “checks and balances” aimed at preventing politically motivated prosecutions. Professionalism and competence of the Judges and the Prosecutor, combined with an open and transparent prosecutorial policy offered further assurances that the Court would be able to fight off frivolous prosecutions.
EDMOND WELLENSTEIN, Director-General of the Task Force ICC of the Ministry of Foreign Affairs of the Netherlands, said that the two years since the Statute had entered into force had been “tempestuous”. Remarkable progress had been made, demonstrating the ability of the international community to act effectively and coherently. He emphasized the importance of close collaboration and open lines of communication between the Court and the Netherlands. The setting up of that global institution was unique. There were no precedents; “together we are entering uncharted territory”. Transparency was of the utmost importance in the Netherlands’ relationship with the Assembly, as well.
He said that the Court “belongs to us” and it should be built together, as a shared responsibility. He reviewed construction projects under way for the Court and noted that construction of the main courtroom had begun. Regarding construction of the permanent premises, he said a detailed brief had been developed. The Court should decide now how and where it should be elaborated, bearing in mind that, in terms of the international architects’ competition, it was more important to be thorough than to act in haste. Hopefully, the Court would be in a position to start the competitive bidding procedure in 2004. On the basis of the assumed workload, he estimated that the costs of the permanent premises would be at least $300 million.
Turning to the provisional Headquarters Agreement between the Court and the Netherlands, he reported that a “rolling text” had been submitted to the plenary session of the Court in June. The Registrar was presently reviewing the text and would comment on it at a meeting on 30 September.
He supported fully the draft resolution on the Coalition for the ICC (a coalition of non-governmental organizations), as it did not invoke any exclusivity, or give the Coalition special legal status in the Netherlands. It did, however, acknowledge its contribution to the negotiations on the Statute and the establishment of the Court. The draft also recognized the active role the Coalition for the ICC would play. On the proposed doubling of the budget, he said that was only acceptable because the organization was being set up. He called for a careful review of the figures.
ALDO MANTOVANI (Italy), speaking on behalf of the European Union and Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Bulgaria, Romania, Iceland, Liechtenstein and Norway, said the Court had become a tangible reality in international relations, and States parties had increased to 91. It was essential that the Court’s performance of its tasks not be impaired by a lack of funds and that States Parties fulfil their financial obligations. Responsible budgetary management would be key to ensuring widespread international support.
He said States parties should continue to enact the necessary national measures to enable its effective cooperation with the Court. They should spare no effort in promoting universal participation in the Rome Statute and its full implementation in domestic legislation. States should further become parties to the Agreement on Privileges and Immunities of the Court and ensure the enacting of national implementing legislation. States must also comply fully with the obligations assumed under the Rome Statute, and should refrain from declarations which amounted to reservations that were not permitted under it.
Welcoming the report on the ICC and the progress made by all its organs, he encouraged every branch of the Court to endeavour to define its internal organization and working methods. He also encouraged the Court to launch the process of negotiating the Draft Relationship Agreement between the Court and the United Nations. Recalling the valuable contribution that the Coalition for the ICC had been playing in the process of establishing the ICC, he said the European Union believed the Court could still benefit from non-governmental organization support today.
ROLANDO RUIZ ROSAS (Peru), speaking on behalf of the Rio Group, expressed the Group’s satisfaction that, since the first session of the Assembly of States parties, the Court had been established, a representative group of Judges had assumed their positions in March, and the Prosecutor had assumed his position in June. In addition, the current session would elect the Deputy Prosecutor, for which candidates had already been proposed. The Group was also pleased at the decision of several distinguished personalities to join the Trust Fund for victims. The administrative structure of the Court was gradually being established, and that had been reflected in the programme budget for 2004.
He said that the existence of the Court “extraordinarily enhances” the juridical structure of the international community and complemented the efforts of domestic jurisdictions to tackle crimes. The responsibility to fight genocide, crimes against humanity and war crimes was a collective one, and one for which international law was essential. The Group was also satisfied at the resumption of the working group on the crime of aggression and for the presentation of the report on the status of those discussions. It also confirmed its commitment to ensure that the Court fulfilled efficiently its mandate and promoted the integrity of its Statute.
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