Statement by HE the Hon Robert Hill, Ambassador and Permanent Representative of Australia to the United Nations, to the Sixth Committee Plenary on the Report of the International Criminal Court
30 October 2008
(As delivered)
Mr President
I have the honour to speak on behalf of Canada, New Zealand and Australia. We thank Judge Philippe Kirsch, the President of the International Criminal Court, for his presentation of the report of the important work of the International Criminal Court.
The Court is making significant steps forward. In the past year the Court has issued four new warrants of arrest – three in the situation in the Democratic Republic of the Congo and one in the situation in the Central African Republic. CANZ welcomes and commends the actions of the Democratic Republic of the Congo in surrendering Germain Katanga and Mathieu Chui to the Court and Belgium in arresting and surrendering Jean-Pierre Bemba Gombo to the Court. These surrenders provide examples of the results that can be achieved with close cooperation with the Court.
CANZ recognises that the Court continues to face challenges, particularly where it is entirely reliant on cooperation and support from others to fulfill its mandate. It is of the utmost importance that States rise to meet these challenges. Failure to do so risks the international community betraying the victims of serious crimes. CANZ encourages all States to assist the Court through practical measures.
CANZ calls upon all relevant actors, including the authorities in Uganda and the Democratic Republic of the Congo, to cooperate closely with the Court and one another in ensuring the full implementation of their obligations under the Rome Statute, including the execution of the outstanding arrest warrants, and assisting the Court to fulfil its mandate.
We again call on the Government of Sudan to help bring an end to impunity for the most serious international crimes. In particular, we urge the Government of Sudan to cooperate with the Court and to take all necessary steps to arrest Minister of State for Humanitarian Affairs, Ahmad Harun, and to transfer him and militia leader, Ali Kushayb, 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.
The judicial work of the Court has continued apace with preparations for trials continuing and the Court deciding on the confirmation of charges and applications for victim participation. These are all signs of a Court that is conducting itself professionally, expeditiously, without political interference and according to its mandate.
Mr President
Universal ratification of the Rome Statute is 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. We are pleased that there have been three additional ratifications and accessions to the Rome Statute in the last year. We welcome Madagascar, Suriname and the Cook Islands as parties to the Rome Statute. It is notable that there are now 108 States Parties – over 55 per cent of the UN membership.
CANZ has continued its efforts at the regional level to encourage further ratification. Australia and New Zealand, for example, have over the last year worked with Pacific Island States to encourage their ratification and implementation of the Rome Statute. In August, New Zealand and Australia participated in a regional seminar held by the Samoan Government to raise awareness of the Court and develop a model Pacific law for the Statute’s implementation.
Since September 2000, Canada’s Global Peace and Security Fund has provided more than $10 million 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. Through this Fund, Canada supported the publication of the third edition of the Manual on Ratification and Implementation of the Rome Statute.
Mr President
On 17 July 2008, we celebrated the tenth anniversary of the adoption of the Rome Statute. The anniversary provided an opportunity to reflect on the Court’s achievements and reinforce our collective support for it. In this relatively short period of time, the Court has established itself as a central institution of international criminal justice.
Providing a permanent, impartial and fair process for the investigation and prosecution of those accused of serious international crimes is a key component in the fight for international justice. We are convinced that having mechanisms to promote and ensure justice in conflict situations can only contribute to sustainable peace.
As noted earlier, the Court has now reached a crucial stage of its development – and it has become clear that the establishment of a global justice system brings with it many challenges. The Court needs our full support and cooperation to bring individuals responsible for the most serious violations of international law to justice without delay. In particular, we must ensure that any use of Article 16 to defer cases is only contemplated in exceptional circumstances. To fail to do so would represent a failure to ensure justice for egregious international crimes.
With the Court now six years old we are firmly on the path to justice being a reality for perpetrators of serious crimes worldwide. This path will lead to enhanced respect for, and adherence to, the international rule of law.
CANZ will continue to provide the Court with our strong and unwavering support. We call on all Member States to do the same.
Mr President
In closing, it would be remiss of me, on the occasion of President Kirsch’s final report to this Assembly, not to express, on behalf of CANZ, our deep appreciation for his impressive leadership of the Court over its formative years, and to wish him well for his future endeavours.
Thank you.