Statement by Mr Gerard Van Bohemen, International Legal Adviser, New Zealand Ministry of Foreign Affairs and Trade on Item: 76 Report of the International Criminal Court
1 November 2007
(As Delivered)
Mr President,
I have the honour to speak on behalf of Canada, Australia and New Zealand. We wish to thank Judge Philippe Kirsch, the President of the International Criminal Court for his positive and direct presentation of the report of the work and situation of the International Criminal Court.
Since its creation just five years ago the International Criminal Court has made important progress. There are now 105 States Parties to the Rome Statute of the International Criminal Court. The Office of the Prosecutor is currently investigating crimes in four situations. Arrest warrants have been issued against alleged perpetrators in three of these situations. In January this year, the Court confirmed charges of war crimes against Thomas Lubanga Dyilo, a former Congolese militia leader. We await his trial, the first ever before the International Criminal Court, due to start in early 2008.
CANZ welcomes and commends the recent action by the Government of the Democratic Republic of the Congo to surrender Germain Katanga to the Court. This surrender provides a timely example of the results that can be achieved with the cooperation of the situation country.
CANZ acknowledges, however, that the International Criminal Court continues to face major challenges. Perhaps the most significant of these arises from the fact that the Court is heavily reliant on support and assistance from States and, on occasion, on international organisations and others, in order to fulfill its mandate under the Rome Statute.
This is well-illustrated by the current situation with the six outstanding arrest warrants for the Darfur and Uganda investigations. The Court can succeed only if perpetrators believe it has the power to act. This requires the cooperation of all States to give effect to arrest warrants and assist with other on-going investigations.
We call on the governments of Sudan and Uganda to play their part in the Court’s work to bring an end to impunity for the most serious international crimes. In particular, we urge the Government of Sudan to take all steps to arrest Minister of State for Humanitarian Affairs, Ahmad Harun, and militia leader, Ali Kushayb, and transfer them to the Court for trial. Acting on the arrest warrants will demonstrate not only respect for the rule of law but also support for international criminal justice generally.
CANZ considers that support for and cooperation with the Court is critical to the Court’s success although it can take a variety of different forms. For example, New Zealand recently signed an arrangement with the Court to provide specific cooperation. We would encourage all States Parties to consider what practical measures they can take to support the work of the Court.
The Court has continued to develop cooperative relationships with a number of international courts and tribunals. A unique and unprecedented level of cooperation exists between the Court and the Special Court for Sierra Leone. We welcome the assistance the Court is providing to the Special Court in relation to the trial of Charles Taylor. We see this as helping to achieve the broader goal of combating criminal impunity which underpins the very establishment of the International Criminal Court.
Universal ratification of the Rome Statute is also crucial to the Court’s success. If we are to ensure that the perpetrators of the most world’s most egregious crimes are denied a safe haven, we must step up our collective efforts to promote the universality of the Rome Statute. In that regard, CANZ welcomed the adoption at last year’s Assembly of States Parties of the Plan of Action for achieving universality and full implementation of the Rome Statute. Since then, we have also welcomed Japan as a party to the Rome Statute. We hope that Japan’s accession will encourage further States to join, particularly States from Asia.
CANZ has continued its efforts at the regional level to encourage further ratification. Australia, for example, recently took the opportunity presented by the Prosecutor’s visit in August to Australia, to convene a regional seminar attended by 70 officials from the Asia-Pacific, including Ministers and senior government officials, to promote accession to the Rome Statute.
Since September 2000, Canada’s “International Criminal Court and Accountability” campaign, funded by Foreign Affairs and International Trade Canada, has provided more than $4.3 million in funding to support events and projects that promote ratification and implementation of the Rome Statute, assist with the effective functioning of the Court and other international criminal tribunals, and provide education and outreach related to the Court and other international criminal tribunals.
CANZ will continue to provide the Court with our strong and unwavering support. We call on all Member States to do the same.
Thank you,
Mr President