Press Conference on Ninth Assembly of States Parties

 

to International Criminal Court’s Rome Statute

 

Prompted by communications from citizens in the Republic of Korea, the International Criminal Court has launched a preliminary examination into whether forces of the Democratic People’s Republic of Korea have committed war crimes, Luis Moreno-Ocampo, Chief Prosecutor, said at a Headquarters press conference today.

Mr. Moreno-Ocampo was referring to allegations that the Democratic People’s Republic of Korea had committed war crimes when it shelled civilian areas in the Republic of Korea last month, and by its alleged sinking of a Republic of Korea warship in March.

In response to questions, he stressed that his Office did not start an investigation, but collected information to assess whether an investigation should be launched.  Pressed about the timing of his examination’s conclusions, he said a decision would be made when the Court was certain of its facts.  “We have to be sure there are no mistakes,” he added.

Mr. Moreno-Ocampo, unanimously elected by the General Assembly as the first Chief Prosecutor of the Court in April 2003, said the tribunal had jurisdiction for incidents occurring in the territory of the Republic of Korea, since that country was a State party to the Rome Statute.  As in other cases, he added, the Court also had to be sure that no national or international court were conducting investigations.

The Republic of Korea has been a State party to the Statute since 13 November 2002.  As of 12 October 2010, 114 countries were States parties to the Statute governing the Court.  The legal basis for its establishment was set when 120 Member States adopted the Rome Statute in July 1998.  The Court is an independent international organization that is not part of the United Nations system.  Its seat is in The Hague in the Netherlands.

Accompanying Mr. Moreno-Ocampo today were Christian Wenaweser (Lichtenstein), President of the Assembly of States Parties to the Rome Statute, and Judge Sang-Hyun Song, President of the International Criminal Court.  Their press conference was held as the ninth session of the Assembly of States Parties met at Headquarters.  The five-day session runs from 6 to 10 December.

Mr. Moreno-Ocampo said the Court was conducting other preliminary examinations in Colombia, Cote d’Ivoire, Georgia and Palestine.  Investigations were also progressing in Kenya, the Darfur region of Sudan, the Democratic Republic of Congo and northern Uganda.  He said the Court could have an impact in the 114 States parties to the Statute.  “The Prosecutor has a role to play in galvanizing pressure to arrest,” he said, adding that the new system of justice gave citizens all over the world an opportunity for participation.

Judge Song said this week’s Assembly was an opportunity for States parties to take stock of the Court’s progress and make plans for the future.  The Court was busier than ever and its third trial had begun three weeks ago.  The Trust Fund for Victims was making a difference, he said, adding that it allowed victims to participate in the Court’s proceedings while playing an increasingly active role in the international justice system.

Noting that the Assembly was being held in difficult economic times, he said it was important to ensure that the Court had sufficient resources to carry out its work.  “No trial should be delayed or cancelled because of financial issues,” Judge Song added.  Though the Court was not immune to the prevailing economic difficulties, it was committed to efficiency and administrative accountability.

Mr. Wenaweser said the present session was the first time the Assembly was meeting since its Review Conference, held in Kampala, Uganda, in June.  It had adopted many important decisions, including provisions regarding the Crimes of Aggression.  Other issues to be taken up during the current session were the Court’s budget and governance, its relationship with States parties, and the possible creation of an oversight mechanism, Mr. Wenaweser said.  Next year, a search committee of five people would begin looking for a replacement for Chief Prosecutor Moreno-Ocampo, who is expected to leave his post at the end of 2012.

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For information media • not an official record