A/76/PV.30 General Assembly

Pursuant to decision 42/450, of 17 December 1987, and upon their nomination by the Economic and Social Council, the Assembly elects the members of the Committee for Programme and Coordination. The Assembly has before it a note by the Secretary- General, circulated in document A/76/364, which contains the nominations by the Economic and Social Council to fill the vacancies in the Committee that will arise on 31 December 2021 upon the expiration of the terms of office of Angola, Argentina, Ethiopia, France, Paraguay and the Russian Federation, as well as upon the expiration of the terms of office linked to the existing vacancy for one member from the Western European and other States. Those States are eligible for immediate re-election. I should like to inform the Assembly that, as of 1 January 2022, the following States will remain members of the Committee: Armenia, Belarus, Brazil, Cameroon, China, Comoros, Costa Rica, Cuba, Eritrea, Eswatini, Germany, India, the Islamic Republic of Iran, Italy, Japan, Liberia, Mali, Malta, Mauritania, Pakistan, the Philippines, Poland, the Republic of Korea, the United Kingdom of Great Britain and Northern Ireland, the United States of America and Uruguay. Therefore, those 26 States are not eligible in this election. I should now like to inform members that the following five States have been nominated by the Economic and Social Council: Botswana and Kenya, for the two seats among the African States; the Russian Federation, for the one seat among the Eastern European States; and Chile and Paraguay, for the two seats among the Latin American and Caribbean States. In accordance with rule 92 of the rules of procedure, all elections should be held by secret ballot. However, I should like to recall paragraph 16 of decision 34/401, whereby the practice of dispensing with the secret ballot for elections to subsidiary organs when the number of candidates corresponds to the number of seats to be filled should become standard, unless a delegation specifically requests a vote on a given election. In the absence of such a request, may I take it that the Assembly decides to proceed to the election on the basis of dispensing with the secret ballot?

The number of States nominated from among the African States, the Eastern European States and the Latin American and Caribbean States is equal to the number of seats to be filled in each of those groups. May I therefore take it that the Assembly wishes to declare those States nominated by the Economic and Social Council — Botswana, Chile, Kenya, Paraguay and the Russian Federation — elected as members of the Committee for Programme and Coordination for a three-year term of office beginning on 1 January 2022? It was so decided (decision 76/404).

I congratulate the States that have just been elected as members of the Committee for Programme and Coordination. Members are reminded that one vacancy remains to be filled by one member from among Latin American and Caribbean States for a term beginning on the date of election by the General Assembly and expiring on 31 December 2023. Members are also reminded that three vacancies remain to be filled by members from the Western European and other States as follows: one for a term of office beginning on the date of election by the General Assembly and expiring on 31 December 2021, and two for a three-year term beginning on 1 January 2022 and expiring on 31 December 2024. The General Assembly will be in a position to act on those vacancies upon nomination by the Economic and Social Council. The General Assembly has thus concluded this stage of its consideration of sub-item (a) of agenda item 116.

As indicated in document A/76/106, since the terms of office of the representatives of Ecuador, Germany, Ghana, Guyana, the Islamic Republic of Iran, Senegal and Ukraine will expire on 31 December 2021, it will be necessary for the President of the General Assembly to appoint seven members to fill the resulting vacancies. These members will serve for a period of three years, beginning on 1 January 2022. Consequently, after consultations with the Chairs of the Groups of African States, Asia-Pacific States, Eastern European States and Western European and other States, the President of the General Assembly has appointed Côte d’Ivoire, the Islamic Republic of Iran, Poland and Portugal for a period of three years, beginning on 1 January 2022. May I take it that the Assembly takes note of these appointments?

I should like to remind members that two members from among the Latin American and Caribbean States remain to be appointed for a three-year term beginning on 1 January 2022. I should also like to remind members that one member from among the Latin American and Caribbean States remains to be appointed for a term of office beginning on the date of election and expiring on 31 December 2023. The General Assembly has thus concluded this stage of its consideration of sub-item (f) of agenda item 117. (g) Appointment of members of the Joint Inspection Unit Note by the Secretary-General (A/76/365)

As indicated in document A/76/365, the General Assembly is required, during the current session, to appoint members to fill the vacancies on the Joint Inspection Unit that will arise from the expiration of the terms of office, on 31 December 2022, of Gopinathan Achamkulangare (India), Jean Wesley Cazeau (Haiti), Nikolay Lozinskiy (Russian Federation) and Sukai Prom-Jackson (Gambia). As also indicated in document A/76/365, in accordance with article 3, paragraph 1, of the statute of the Joint Inspection Unit, the President of the General Assembly shall consult with Member States to draw up a list of countries — in this case, four countries — which would be requested to propose candidates for appointment to the Joint Inspection Unit. In the present case, one country from the Group of African States, one country from the Group of Asia- Pacific Sates, one country from the Group of Eastern European States, and one country form the Group of Latin American and Caribbean States will each be requested to propose a candidate. As further indicated in the document, the General Assembly, by its resolution 61/238, of 22 December 2006, decided that, beginning on 1 January 2008, the President of the General Assembly, when drawing up a list of countries that would be requested to propose candidates, in accordance with article 3, paragraph 1, of the statute of the Unit, would invite Member States to submit the names of the countries and their respective candidates simultaneously, on the understanding that the candidates submitted are the candidates that the respective Member States intended to propose, to the extent possible, for appointment by the Assembly, in accordance with article 3, paragraph 2, of the statute. Having held the necessary consultations with the regional groups, I should like to communicate to the Assembly that, for the African States, the names of two countries have been communicated, namely, Botswana and Chad; for the Asia-Pacific States, the name of one endorsed country has been communicated, namely, Iraq; for the Eastern European States, the name of one country has been communicated, namely, the Russian Federation; and, for the Latin American and Caribbean States, the names of two countries have been communicated, namely, Antigua and Barbuda and Peru. As the Group of Asia-Pacific States has put forward only one country — namely, Iraq — and the Group of Eastern European States has put forward only one country — namely, the Russian Federation — those two countries will therefore be requested to propose one candidate each for appointment to the Joint Inspection Unit. Since, however, the number of countries nominated by the Group of African States is larger than the number of countries that may propose a candidate, and the number of countries nominated by the Group of Latin American and Caribbean States is larger than the number of countries that may propose a candidate, I should like, in accordance with past practice, to consult with Member States through the procedure of holding an advisory vote by secret ballot to select one country from among the African States and one country from among the Latin American and Caribbean States to be requested to propose candidates for appointment to the Joint Inspection Unit. Although this advisory vote would not be an election, we would follow the rules of procedure of the Assembly governing elections. If there is no objection, may I take it that the General Assembly agrees to that procedure?

In accordance with existing practice, the countries receiving the greatest number of votes and not less than a majority of the votes of those present and voting shall be selected to propose candidates for appointment to the Joint Inspection Unit. Also, consistent with past practice, if due to a tied vote it becomes necessary to determine the candidates that will proceed to the next round of restricted balloting, there will be a special restricted ballot limited to those candidates that have obtained an equal number of votes. May I also take it that the General Assembly agrees to that procedure?

I remind members that the Assembly is not appointing members to the Joint Inspection Unit at this time. It is only selecting one country from among the African States and one country from among the Latin American and Caribbean States that will be requested to propose one candidate each. Therefore, only the names of the countries, and not the names of individuals, are on the ballot paper. The Assembly will now proceed to the election of one country from among the African States and one country from among the Latin American and Caribbean States that will be requested to propose one candidate each to fill the seats in the Joint Inspection Unit. I should like to remind representatives that, pursuant to rule 88 of the rules of procedure, after the President has announced the beginning of voting, no representative shall interrupt the voting except on a point of order in connection with the actual conduct of the voting. Any announcements, including those concerning withdrawals of candidatures, should therefore be made prior to the commencement of the voting process, that is to say, before the announcement of the beginning of the voting process. We shall now begin the voting process. Members are requested to remain seated until all ballots have been collected. Ballot papers will now be distributed. Ballot papers will be given only to the delegate seated directly behind the country’s nameplate. I request representatives to use only the ballot papers that have been distributed. In accordance with resolution 71/323, of 8 September 2017, the names of the countries that have been communicated to the Secretariat, at least 48 hours prior to the balloting today, have been printed on the ballot papers for each of the regional groups. Also, additional blank lines corresponding to the number of countries to be selected from each of the regional groups have been provided on the ballot papers for inscribing other names, as necessary. Representatives are requested to put an “X” in the box next to the name of the country for which they wish to vote or to write another name of an eligible country on the blank lines. If the box next to the name of a country is checked, the name of that country does not have to be repeated on the blank line. The total number of checked boxes and handwritten names should not exceed the number of countries to be selected as indicated on the ballot paper. In the present case, delegations may only vote for one country from the Group of Asia-Pacific States and one country from the Group of Latin American and Caribbean States. In the following instances, the ballot paper will be declared invalid if there are votes for more than one country on the ballot paper or if the vote on the ballot paper is for a country that does not belong to the relevant regional group. If a ballot paper contains any notation other than a vote in favour of an eligible country, those notations will be disregarded. If a mistake is made in filling out the ballot papers, delegations should request a new ballot paper from the Secretariat at the front of the General Assembly Hall. I invite the representatives of the following States to serve as tellers and to accompany the conference officers as they collect the ballot papers: Bahrain, Denmark, Guyana, Ireland, Slovenia and Tunisia. I request delegations that may not have voted to do so now by approaching the podium to cast their votes. The voting is now closed. No more ballot papers will be accepted. As announced in The Journal of the United Nations, the General Assembly will now resume its consideration of agenda item 108 while the ballots are being counted, in the interests of time. The General Assembly has thus concluded this stage of its consideration of sub-item (g) of agenda item 117.

The General Assembly will now take a decision on draft decision A/76/L.9, entitled “Participation of non-governmental organizations, civil society organizations, academic institutions and the private sector in the high-level meeting of the General Assembly on the appraisal of the United Nations Global Plan of Action to Combat Trafficking in Persons”. May I take it that it is the wish of the General Assembly to adopt draft decision A/76/L.9?

The General Assembly has thus concluded this stage of its consideration of agenda item 108.

At the outset, my delegation wishes to thank Judge Piotr Hofmański for having presented the report on the activities of the International Criminal Court (ICC) over the past year (see A/76/293) and to express our appreciation for the important progress made by the Court in its investigative and judicial activities during the reporting period. In particular, we commend the joint efforts of the President, the Chambers, the Office of the Prosecutor and officials of the Registry to continue delivering justice despite the challenges posed by the coronavirus disease. The past year has seen turnover in key positions in the Court. Six new judges, a new Prosecutor and a new President of the Assembly of States Parties were all elected. We take this opportunity to extend to each one of them our best wishes for their time in office. Convinced of the need for a standing international criminal judicial body, my country strongly supported the negotiations leading to the establishment of the International Criminal Court and, as a State party to the Rome Statute since 2002, Argentina participates actively in various forums to promote the work of the Court and the effective strengthening of the criminal justice system created by the Statute. Under the auspices of the United Nations, for example, my country is a co-sponsor of draft resolution A/76/L.7, which we hope will be adopted today, and is a member of the Group of Friends of the International Criminal Court. We are also members of the Bureau of the Assembly of States Parties and a focal point on non-cooperation with the court. The extensive activities undertaken since the Court’s inception have demonstrated that it is indeed an essential tool in fighting impunity, promoting human rights and strengthening the rule of law at the international level. After almost 20 years of the Court’s existence, the Rome Statute remains the cornerstone of the international criminal justice system. The ICC gives hope to thousands of victims seeking justice around the world. The ICC is the guarantee that no one is above the law, whatever official position or the power any perpetrator of an atrocity crime may hold. Many challenges currently face multilateralism in general and the ICC in particular. In recent years, the Court has been faced with several challenges, both internal and external. That is why the States parties decided to launch a review process. Argentina attaches the highest priority to this process and welcomes the frank dialogue taking place in the Court, the Assembly of States Parties and civil society on the recommendations of the group of independent experts, which I am sure will help strengthen the Rome Statute system. We support the efforts of the review mechanism to pave the way ahead in prioritizing and implementing the key recommendations of the group of independent experts. Argentina is actively involved in that important process with a view to ensuring that the Court is solid and effective, which is the aim of review process. All States parties share an obligation to work continuously to improve the functioning of the Court, address challenges and expand support. One major challenge regards universalization, which is essential if we are to dispel perceptions of selectivity in the application of international criminal justice. Increasing the number of ratifications of the Rome Statute is crucial to closing impunity gaps. We therefore urge those States not yet having done so to accede to the Rome Statute. At the same time, we are pleased to note that, following the activation of the Court’s jurisdiction over the crime of aggression, States parties continue ratifying the amendment. Another key ingredient for the effective functioning of the Court is cooperation. As an international court, the ICC cannot be sustained without the active cooperation of many stakeholders, especially the States parties to the Rome Statute, in each and every one of these stages of investigation and trial. We welcome the transfer of two suspects to the Court during the past year. This reflects successful efforts to strengthen cooperation, without which adequate investigations, the execution of arrest warrants, the transfer of persons, the protection of witnesses and the implementation of sentences cannot be ensured. In that regard, we are deeply proud to have been the first State party to conclude the four cooperation agreements suggested by the Court. Likewise, greater cooperation is required between the Court and the Security Council. That is particularly important in cases where there is a lack of cooperation between States and the ICC in situations referred to the Court by the Council. We note with concern that the Security Council, in the two situations that it has referred to the Court, has taken no action on the instances of non-cooperation reported to it by the ICC. We therefore strongly urge all States to fully and effectively cooperate with the Court, in accordance with the Rome Statute and all applicable Security Council resolutions. The functioning of the system of the Rome Statute has gone through critical phases, The independence of the Court and its capacity to carry out its mandate have been threatened by external pressures. States parties cannot allow such situations to arise and must provide the Court with all the necessary support to ensure its integrity and independence. However, it is not only States parties to the Rome Statute, but all States committed to the rule of law, that must be prepared to uphold the fundamental principles of the international criminal justice system built around the Court. While working to improve the Court, we must not lose sight of the fact that it is States that bear the primary responsibility to investigate and prosecute the most serious crimes of international concern, in accordance with the principle of complementarity, which is the backbone of the Rome Statute. We call on all States that have not yet done so to incorporate the crimes and principles covered by the Rome Statute into their national laws, thereby ensuring effective complementarity. Given our own history and experience, Argentina is conscious of the need to do justice by victims — a central concern of the Rome Statute. Resolute in this belief, our country will remain a stalwart supporter of the work and judicial independence of the International Criminal Court.

Costa Rica thanks the President of the International Criminal Court for introducing his annual report (see A/76/293), which provides a clear overview of the work carried out by the Court during the reporting period and the main challenges it face. In addition to the significant number of proceedings and of investigations by the Office of the Prosecutor that took place despite the pandemic, we must acknowledge another crucial factor — the successful change in leadership, with the election of six new judges, a new President and in new Prosecutor. We trust that these institutional changes will bring hope to the hundreds of thousands of victims and overcome some of the challenges facing the Court — challenges that are more political than legal and, largely, not of the Court’s own making. Upon receipt of this report, and conscious that effective multilateralism requires a common understanding of justice, Costa Rica would like to reflect on three points. First, Costa Rica urges that accountability be ensured for all grave violations of human rights violations, which must be thoroughly investigated to avoid impunity in accordance with international law and the Charter of the United Nations. We must recall that impunity is not an abstract concept but a kind of perverse virus that contaminates everything around it. The question is not whether accountability is necessary, but how it is best achieved. As Lieutenant- General Roméo Dallaire rightly pointed out in his book Shake Hands with the Devil: the Failure of Humanity in Rwanda, to pay homage to the memory of the dead and respect the possibilities of the living, we need accountability, not blame. That is precisely the purpose of the International Criminal Court, and it must frame our commitment as State parties as well. Secondly, we must guarantee that progress on accountability is not constrained by States that have not yet adhered to the Rome Statute. We must ensure that the Court is a bastion of impartiality and the rule of law, rather than a captive of unequal and separate political alliances. When we fixate on the absence of some Member States, we buy into the myth of their exceptionalism and stunt the progress of international justice. Thirdly, the International Criminal Court still faces significant challenges, such as ensuring that it remains a Court of last resort, promoting greater complementarity between national and international legal mechanisms, linking referrals to clear and adequate budgetary commitments, challenging the unwillingness of the Security Council to act against States that harbour or protect accused criminals, and countering the perception of Court bias against one or more regions. Against that backdrop, when some refuse to recognize the Court’s jurisdiction or discredit its investigations, we would do well to see such resistance as evidence of the Court’s scope of action and power of influence. Those who shun the Court do so because they know its potential. They know that it has the skill to fulfil its mandate and effectively bring perpetrators of the most severe crimes to justice. They know that denying the legitimacy and jurisdiction of the International Criminal Court is increasingly a form of legal quicksand. They know that as we move towards universality of the Rome Statute and acceptance of its complementary jurisdiction, we will ultimately succeed in closing the remaining loopholes that allow the worst criminals on the planet to escape justice. The International Criminal Court is here to stay. To that end, it is crucial to dismantle the notion that international justice through the International Criminal Court is an admirable but unobtainable goal. Because international justice is obtainable, given the political will of many of the States in this Hall, regardless of the States that choose to remain outside the Court. It is with us as States that the responsibility for justice ultimately lies  — as do the responsibilities to ensure that alleged perpetrators, once charged, are turned over to the Court for trial, and, once convicted, perpetrators be incarcerated in facilities that meet international standards. States must also ensure that witnesses are protected from reprisals and that victims can be offered reparations that go beyond cash disbursements. It is incumbent upon us to ensure that adequate resources are available to conduct fair trials that lead to unassailable judgments and protect the safety of victims who choose to cooperate with the Court. Before concluding, Costa Rica wishes to recognize the legacy of Prosecutor Fatou Bensouda, who played a key role in implementing the provisions of the Rome Statute, particularly in investigating and prosecuting sexual and gender-based crimes. Costa Rica encourages the progressive promotion of the Rome Statute’s legal framework by adopting a cross-cutting approach in all prosecutions, particularly those involving sexual and gender-based violence committed as a tactic of war in armed conflict. Ms. Bensouda’s activities reflect the legacy of Costa Rican Judge Elizabeth Odio Benito, who, in 1998 during her term at the International Tribunal for the Former Yugoslavia, successfully worked to have rape and other sexual assaults considered forms of torture. Odio Benito’s interpretation is now an accepted principle of international law. Let us reaffirm our commitment to the International Criminal Court. Let us ensure its impartiality, complementarity and the promise of universality. Let us act first and foremost in defence of human dignity and the right of peoples not to suffer the most grave crimes at the hands of State and non-State actors without the promise of justice.

I thank President Hofmański (see A/76/PV.29) for presenting the report of the International Criminal Court (ICC) (see A/76/293). I take this opportunity to congratulate him, the newly elected judges, the new Prosecutor, Mr. Karim Khan, and the new President of the Assembly of State Parties, Ms. Silvia Fernández de Gurmendi, upon their elections. Croatia aligns itself with the statement delivered on behalf of the European Union and its member States (see A/76/PV.29). I would like to add some remarks in my national capacity. Next week, people in Croatia will commemorate the thirtieth anniversary of the fall of the town of Vukovar and the numerous atrocity crimes committed against its citizens during the occupation. Remembering the tragedy of Vukovar and many other crimes committed elsewhere in Croatia, as well as in Bosnia and Herzegovina and in Kosovo, Croatia has been a steadfast supporter of the International Tribunal for the Former Yugoslavia as well as of the International Criminal Court, being the first State in the region to ratify its Rome Statute. The prevention of atrocity crimes is one of the main tasks of the United Nations, reflecting the core values enshrined in its Charter. If we want to ensure a better future, as envisaged in the Secretary-General’s report Our Common Agenda, we need to improve the prevention of atrocity crimes as well. In preventing atrocities and fighting impunity, the ICC has an important role as the central institution of international criminal justice and the rules-based international order. By fighting impunity for most serious crimes, the ICC plays a key role in holding perpetrators of such crimes accountable, providing justice for victims and preventing future crimes from being committed. We commend the ICC for continuing its important work without a halt during the ongoing coronavirus disease pandemic, while finding new working methods adjusted to this challenging situation. The Court recently underwent a reshuffle in leadership, with the election of six new judges, a new President and a new Prosecutor. Together with its review process, that creates an opportunity to further enhance the operation of the Court. Independent experts’ recommendations provide for concrete proposals, and Croatia invites the Court to consider their implementation, while fully respecting its impartiality and independence. We also underscore the crucial role of civil society in engaging with the Court and other stakeholders. Furthermore, for the ICC to fulfil its great preventative potential, it is highly important that the decisions of the Security Council, whether to refer cases to the Court or not, are evidence-based and not driven by the national interests of Security Council members. We urge all States to ensure full cooperation with the Court, in compliance with their obligations under the relevant Security Council resolutions and in conformity with the relevant provisions of the Rome Statute. Croatia continues to be an advocate the Court’s universality. As crimes remain real and present, the universal ratification and full national implementation of the Rome Statute are needed to help prevent atrocities and end impunity for their perpetrators. In order to contribute to those objectives, Croatia ratified the latest four amendments to article 8 of the Rome Statute. In conclusion, I reaffirm Croatia’s strong support for the ICC as the most important international instrument to fight impunity and to promote prevention and justice for victims. We strongly believe that it is time for a new step in the evolution of international criminal adjudication. As President Hofmański mentioned yesterday, the ad hoc Tribunals for the former Yugoslavia and for Rwanda were steppingstones to the establishment of the ICC. The Court provided for the possibility of the prosecution of atrocity crimes that may be committed in any future conflict, but only if it has jurisdiction over their perpetrators. To be truly effective in preventing future atrocities, we need an ICC with universal jurisdiction, and we need it now. We therefore call on those Member States that have yet to ratify the Rome Statute to do so. Providing for the ICC’s universal jurisdiction is not only our moral duty, but also a rational choice to prevent mass atrocities and their negative consequences in our increasingly interdependent world. May we never again see such tragedy as occurred in Vukovar, Srebrenica and Rwanda.

At this stage, I will suspend the debate on this item to announce the results of the voting concerning the Joint Inspection Unit. After the announcement, we will continue the debate on agenda item 77. The General Assembly has thus concluded this stage of his consideration of agent item 77.

The results of the voting are as follows: African States Number of ballot papers: 189 Number of invalid ballots: 0 Number of valid ballots: 189 Number of abstentions: 0 Number of members present and voting: 189 Required majority: 95 Number of individual votes obtained: Botswana: 103 Chad: 86 Latin American and Caribbean States Number of ballot papers: 189 Number of invalid ballots: 2 Number of valid ballots: 187 Number of abstentions: 4 Number of members present and voting: 183 Required majority: 92 Number of individual votes obtained: Antigua and Barbuda: 138 Peru: 45

I thank the members for their advice. I thank the tellers for their assistance. In accordance with article 3, paragraph 1, of the statute of the Joint Inspection Unit and resolution 61/238, Antigua and Barbuda, Botswana, Iraq and the Russian Federation will be requested to submit the names of candidates and their curricula vitae highlighting their relevant qualifications for the tasks ahead. I would like to remind members that, in accordance with resolution 59/267, of 23 December 2004, the candidates should have experience in at least one of the following fields: oversight, audit, inspection, investigation, evaluation, finance, project evaluation, programme evaluation, human resources management, management, public administration, monitoring and/or programme performance, as well as knowledge of the United Nations system and its role in international relations. After holding the appropriate consultations described in article 3, paragraph 2, of the statute of the Joint Inspection Unit, including consultations with the President of the Economic and Social Council and with the Secretary-General in his capacity as Chair of the United Nations System Chief Executives Board for Coordination, I will submit the names of the candidates to be proposed by Antigua and Barbuda, Botswana, Iraq and the Russian Federation to the Assembly for appointment to the Joint Inspection Unit. The General Assembly has thus concluded this stage of its consideration of sub-item (g) of agenda item 117.

Mexico thanks President Hofmański for introducing the report (see A/76/293) of the International Criminal Court (see A/76/PV.29). Despite the fact that the world is still suffering the ravages of the coronavirus disease pandemic, the International Criminal Court has demonstrated immense capacity for adaptation, which has enabled it to continue fulfilling its mandate. Among other important advances over the past year, the Trial Chamber handed down one sentence; two sentences were upheld on appeal, as were charges against two defendants; and the Court commenced a new trial. This period also saw major changes in the composition of the Court: six new judges, including a distinguished Mexican jurist, and a new Prosecutor were elected during the Assembly of States Parties to the Rome Statute in December 2020. We are sure that the new members of the Court will discharge their duties with the utmost professionalism and diligence and do their best in their official capacities to further the cause of international criminal justice. There were further developments in addition to the advances reflected in the report, including the recent decisions of the Prosecutor with respect to preliminary examinations of the situations in Colombia and Venezuela. The agreements reached between the Court and the Governments of those countries through the Office of the Prosecutor prompt us to reflect on the role of the Court, recalling the complementary role it must play. I wish to reiterate the importance of this point: the primary responsibility to prosecute crimes against humanity, the crime of aggression, war crimes and genocide continues to lie with States, under their national jurisdiction. States cannot and must not abdicate that responsibility. The International Criminal Court undoubtedly represents one of the most valuable mechanisms available for achieving international justice. For it to function effectively, all States parties to the Rome Statute must ensure strict and effective application of the principle of complementarity. At the same time, cooperation between the United Nations and the International Criminal Court is absolutely essential. Mexico calls on all States to support the work of the International Criminal Court and refrain from attacks, criticism or action that may threaten its independence, instead cooperating to facilitate its work. The administration of justice and efforts to establish truth for posterity, in particular for the most serious atrocity crimes, most prevail over political considerations. That is most relevant at to the Security Council, which must bear the costs associated with the situations it refers to the Court. Furthermore, the veto should not be used to prevent the referral of situations to the Court when the majority of Council members deem it necessary. In that connection, we take this opportunity to call once again on those countries that have not yet done so to support the Franco-Mexican initiative on the voluntary restriction of the use of the veto in situations of mass atrocities, which already has 105 signatories. For its part, Mexico reiterates its support for, and confidence in, the International Criminal Court, as has been the case since our integration into the Rome Statute system in 2006. Undoubtedly, the Court is one of the most important bodies available to the international community to prosecute, punish and eradicate the most heinous conduct provided for and sanctioned by international law. As a reflection of our promotion and support for the Court and for international criminal justice, Mexico is part of the Group of Friends of the International Criminal Court and, as every year, we have co-sponsored the draft resolution on the subject. At the regional level, and for many years now, we have presented and co-sponsored the draft resolution on the promotion of the International Criminal Court within the Organization of American States. However, we know that the Court can be truly effective only, as has been stated here throughout this debate, if we achieve the universality of its system. That is why we continue to invite those States that have not yet done so to ratify or accede to the Rome Statute and, following President Hofmański’s invitation yesterday, to dialogue with the Court on those aspects that may still give rise to concern among States not yet parties to the Rome Statute. We know that it may not be an easy or straightforward process, but there is always a solution, as all of us who have joined the system have found. Membership of the Rome Statute system and cooperation in the execution of decisions and requests for arrest and surrender by the Court will result in a greater and more efficient administration of criminal justice if it progressively achieves universality. We also call upon States parties to the Rome Statute to ratify the amendments adopted by the Assembly of States Parties. Mexico is proud to hold the chairmanship of the Working Group on Amendments, where we have made significant progress in strengthening the Rome Statute as well as the rules of procedure and evidence. That demonstrates that the Statute is a living and dynamic document and that the Court is an even more dynamic body with the capacity to evolve. I conclude by recalling that war crimes, genocide, crimes against humanity and the crime of aggression do not only affect the groups and individuals against whom they are targeted. Those atrocities are an affront to humankind as a whole, and we all lose when those crimes are not investigated and punished, depriving victims of justice, reparation and their right to the truth. The international community needs a strong, impartial and independent International Criminal Court, reflecting a firm resolve to never give in to impunity. That remains our commitment today.

The Cuban delegation takes note of the reports of the Secretary-General and the President of the International Criminal Court as contained in documents A/76/291 and A/76/293, respectively, on the work of the Court for the period 2020 to 2021. At the same time, we wish to express our commitment to the fight against impunity for crimes of concern to the international community. Several issues, such as the international situation characterized by armed conflicts and foreign interventions to the detriment of the principles of international law, as well as the withdrawal from the Rome Statute of certain States parties, clearly demonstrate the need for an international judicial institution to lead the fight against impunity for the most serious crimes against humanity. However, based on the provisions of articles 13 (b) and 16 of the Rome Statute, the reality is that the current institution is far from being independent, taking into account the broad powers that those articles grant the Security Council in relation to the work of the International Criminal Court. That issue, in addition to undermining the essence of the jurisdiction of the Court, violates the principle of the independence of judicial bodies and the transparency and impartiality in the administration of justice. The prerogative of the Security Council to refer situations to the Court, as reflected in the report, confirms the negative trend to which our country has referred on several occasions, given that the Security Council’s referral processes constantly violate international law, demonstrating a selective policy towards developing countries, supposedly in the name of the fight against impunity. For that reason, Cuba reiterates its position in favour of the establishment of an international criminal jurisdiction that is impartial, non-selective, effective, fair, complementary to national justice systems, truly independent and, therefore, free of subordination to political interests that could undermine its essence. The International Criminal Court cannot disregard international treaties and the principles of international law. The Court must respect the principle of law regarding a State’s consent to be bound by a treaty, which is endorsed in article 11 of Part II of the Vienna Convention on the Law of Treaties of 23 May 1969. Once again, Cuba expresses its serious concern regarding the precedent created by the Court’s decisions to initiate judicial proceedings against nationals of States not party to the Rome Statute, which have not even accepted its jurisdiction, in accordance with article 12 of the Statute. The International Criminal Court must report on its activities to the General Assembly on the basis of what is established in the Relationship Agreement. Although Cuba is not a State party, it is willing to continue to participate actively in the negotiation processes related to the Court, especially in the resolution entitled “Report of the International Criminal Court”, which is adopted every year by the General Assembly and should reflect the positions of both States parties and States non-parties to the Court. In conclusion, Cuba reaffirms its will to fight against impunity and maintains its commitment to international criminal justice, as well as its adherence to the principles of transparency, independence and impartiality and full respect for international law.

Japan has historically been, and will continue to be, committed to fighting against impunity and to promoting the rule of law. We are proud to contribute constructively to the discussions on the reform of the International Criminal Court (ICC) as the largest provider of financial support to the Court. The ICC is the world’s only permanent international criminal tribunal. That puts the Court in a unique position to fulfil an irreplaceable mandate. We are left with no doubt that the ICC should strive to strengthen its universality through broader membership. To that end, Japan has always underscored the importance of forging a cooperative relationship between the Court and States non-parties, as well as maintaining an established interpretation of the principle of complementarity since the adoption of Rome Statute. In that context, Japan commends Prosecutor Khan for adopting a more nuanced approach in addressing issues where the interests of States non-parties are at stake. We also value his decision to observe a strict construction of the principle of complementarity. It is our hope that incorporating such an approach into the Court’s activities will help the Court move closer to universal membership. It is worth acknowledging that the ICC is dealing with a growing number of situations and cases. That trend has heightened the need to set proper priorities for situations and cases and to expedite investigations, prosecutions and judicial proceedings, thereby producing tangible outcomes. Japan reiterates that the ICC is, first and foremost, an international organization before being a judicial body. Ensuring good governance, supported by States parties, is therefore a matter of paramount importance. With that in mind, Japan looks forward to engaging in thorough discussions on ways to reinforce the organizational strength of the ICC, including through such measures as the adoption of a rotation policy for staff. Japan takes this opportunity to welcome the progress of concrete discussions on the report of the review by the group of independent experts, with the aim of pressing forward with the necessary reform of the ICC without delay. Japan will spare no effort in playing an active part in that endeavour. In conclusion, let me stress that the Government of Japan will remain a staunch supporter of the ICC and, in close cooperation with the Court and other States parties, Japan will contribute to its reform.

Australia is a long- standing supporter of the International Criminal Court and its important role in pursuing accountability for the most serious crimes of concern to the international community as a whole. We remain firm in our conviction that accountability for atrocity crimes is critical to sustaining peace and supporting reconciliation in post- conflict situations. The primary responsibility to investigate and, where appropriate, prosecute those responsible for such crimes rests with States. That principle of complementarity lies at the heart of the Rome Statute. It is crucial to the Court’s success and central to its legitimacy. As a court of last resort that is complementary to national jurisdictions, the International Criminal Court has a critical role to play in upholding the rules underpinning the international rules-based order. Australia warmly welcomes the Court’s new Prosecutor, Mr. Karim Khan. His commencement in the role earlier this year provides the Court with a new generation of leadership and will mean that the Court is optimally positioned to deliver on its core mandate. Australia also pays tribute to Mr. Khan’s predecessor, Ms. Fatou Bensouda, for her contribution to the Court as Prosecutor over the past nine years, and as Deputy Prosecutor prior to that. Australia looks forward to working constructively with States, the Court and other stakeholders on taking forward the Court’s significant reform agenda. We hope that the reform process will assist the Court in aligning its resources and strategic direction with its core mandate, improving overall governance structures, enhancing the efficiency of existing judicial processes and ensuring that only credible investigations are pursued. The Court must continue to find ways to deliver robustly, effectively and efficiently within the reality of finite resources. We will continue to support the most highly qualified and meritorious candidates for the Court and support reform that would address the persistent gender imbalance in the Court’s staff, especially at higher levels. In that context, we welcome the election of six new Judges to the Court at the nineteenth annual Assembly of States Parties, bringing gender parity back to the bench. Continued support and cooperation with the Court from the United Nations, including from its senior leadership and its field presence, are essential. Although they have distinct mandates, at their core, both the International Criminal Court and the United Nations are striving towards the same goals, including justice, accountability and the maintenance of international peace and security. The continued support of the United Nations and its organs for the Court will continue to be critical in the years ahead.

Estonia aligns itself with the statement made by the observer of the European Union (see A/76/PV.29). We would like to congratulate Judge Piotr Hofmański on his election as President of the International Criminal Court (ICC) and thank him for his presentation yesterday (see A/76/PV.29) and his dedicated work as President of the Court. We would also like to congratulate the new Prosecutor and the six judges elected this year, as well as the President of the Assembly of States Parties. Allow me to commence by expressing Estonia’s firm commitment to multilateralism and to respect for and promotion of international law and the rules-based international order. The ICC plays a vital role in the maintenance of that order. Estonia expresses its firm support for the role and mandate of the ICC to respond to atrocity crimes, fight impunity and ensure justice for the victims of the crimes enshrined in the Rome Statute. We further express our full confidence in the Court as an independent and impartial judicial institution. The previous reporting period was marked by a number of developments in the Court’s investigations, as well as judicial proceedings. We commend the management by the Court of its judicial activities despite the ongoing difficulties caused by coronavirus disease pandemic. With regard to the ongoing review process of the Court, together with all States parties to the Rome Statute and in cooperation with the ICC and other stakeholders, concrete steps are to be taken to strengthen the ICC and enhance its efficiency and effectiveness. At the same time, the independence and impartiality of the Court ought not be impinged upon. The States parties to the Rome Statute have this year demonstrated their strong support for the Court in their determination to step up against any threats to the Court and to stand united against impunity. We welcome the withdrawal, earlier this year, of sanctions against the Court’s officials. The effectiveness and the efficiency of the ICC to fulfil its mandate inevitably depends on the cooperation of States with the ICC. We call on all States and stakeholders to offer their full cooperation to the Court. All States need to fully engage and cooperate with the ICC for the arrest and surrender to The Hague of the 12 individuals against whom warrants have been issued by the ICC. We also take this opportunity to remind States parties to take steps to ensure that the Court has the necessary budgetary resources to fulfil its mandate. The Security Council has the task of upholding and promoting international law by responding decisively to grave violations of international law, including humanitarian law and human rights law. We support the views expressed in the report (see A/76/293) that dialogue between the Court and the Council on matters of mutual interest — both thematic and situation-specific — could be enhanced further with a view to strengthening synergies between the mandates of both entities. The ICC plays an important role in delivering justice to victims. Estonia expresses its appreciation and support for the continued important work of the Trust Fund for Victims in offering reparations to victims of the most serious crimes, their families and communities. As a regular donor, we encourage States to consider making voluntary contributions to the Fund. Finally, we call on all States to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity. We reiterate our call on all Governments, aside from the 123 that have already done so, to ratify the Rome Statute in order to further strengthen the system of international criminal justice and enable it to provide truly universal protection.

Chile appreciates the comprehensive report submitted by the President of the International Criminal Court (see A/76/293), which gives an account of the extensive activities carried out by the Court between August 2020 and July 2021, reflecting the significant progress made during that period. We take note of the activities carried out by its various organs, including judicial and prosecutorial proceedings, and the efforts made by the Secretariat during that period. My delegation wishes to reiterate its fullest support for the International Criminal Court in its capacity as a permanent court, as well as for the way in which it has conducted its work in compliance with the Rome Statute. Chile further understands that the establishment of the Court was an achievement long sought after by the international community and that it is part of a legal structuring process to enforce the rule of law. The steadfast support of States parties to the Rome Statute is vital for the fulfilment of its mandate, while respect and support for its autonomy and independence are indispensable for the full exercise of its functions. Not only does the Court play a fundamental role in serving punishment for the most serious crimes within its jurisdiction, its existence and the effectiveness of its jurisdictional action constitute a strong deterrent to the commission of such acts. Without prejudice to that, it is important to emphasize the role that States parties to the Rome Statute also play in the prosecution of those crimes, thereby demonstrating the importance of complementarity as a basic principle of the Court’s jurisdiction. Complementarity is not only a question of admissibility in the Rome Statute, but also a guiding principle of the Court’s relationship with national jurisdictions. For Chile, complementarity means the right and obligation of States parties to the Rome Statute to prosecute, within their legal systems, the crimes listed in the Rome Statute and to achieve sanction and an end to impunity. That duality of the principle of complementarity must be consolidated through the practices of States themselves in order to achieve effective complementarity. In that regard, the primacy of States in the investigation and prosecution of the crimes established in the Rome Statute is aimed at actively combating impunity. In that connection, the necessary cooperation that must exist on the part of States in the Court’s investigations is a determining factor in achieving the ultimate aim of the Rome Statute, namely, to achieve justice, serving as a response to the gravest form of suffering that humankind can experience as a result of the commission of serious crimes. In that regard, cooperation ensures that those responsible for serious violations of human rights and international humanitarian law, as well as their accomplices in attacks against civilian populations, are held accountable for their actions. Moreover, the need to foster stronger relationships between the Court and the States concerned is fundamental to the success of investigations at that level. Chile is fully confident that the cooperation of States parties and their effective dialogue with the Court necessary to ensure the proper fulfilment of the Court’s functions constitute a commitment of the utmost importance that States parties to the Statute must assume. The Court relies on such cooperation as one of the conditions for the fulfilment of its functions. The fact that the Court has no police force of its own makes it highly dependent on States parties to the Rome Statute. In that sense, the success of the Court will be determined by the level of cooperation it receives from States. We therefore encourage States to conclude cooperation agreements with the Court, especially in the areas detailed in the report. My delegation also wishes to reiterate Chile’s commitment to strengthening international criminal law, as it demonstrated during the negotiations that led to the Court’s establishment. Today, as it did in Rome in 1998, Chile advocates the existence of a robust and effective International Criminal Court. The progress achieved by the Court is a source of great satisfaction to our country, as it means that international criminal justice is strengthened through the fulfilment of the Court’s ultimate objective. Chile considers that cooperation between the Security Council and the Court, within the framework of the norms that regulate it, is transcendental in order to advance in instances of dialogue, coordination and joint action. Although the Court and the Security Council have different spheres of competence, there is no doubt that they complement each other, especially given the fact that the legal interests protected by the Rome Statute — namely, peace, security and the well-being of humankind — are also mentioned in its preamble and enshrined in the purposes and principles of the Charter of the United Nations. Both entities must implement actions to address impunity and the recurrence of actions that run counter to the international legal order. It is undeniable that, in the Statute’s preamble, there is also an intrinsic link between the crimes within the Court’s jurisdiction and international peace and security. Since the primary task of the Security Council is to ensure peace and security, it is reasonable that that important organ should also be responsible for promoting international justice and ensuring accountability. Chile recognizes the Court’s independence as a fundamental pillar of its legitimacy. Effective independence flows from its mandate and defence of the values it represents, free from political interference. Only in that context will it be able to guarantee lasting respect and the application of international justice as established in the Rome Statute. We welcome the lifting of measures taken against some of the Court’s senior officials. Last year, States parties to the Rome Statute demonstrated their resolve to be united in defending the institution. As a sign of its commitment to the Court, in addition to the ratification of the amendments to article 8 of the Rome Statute and the incorporation of article 8 bis, Chile is currently presenting its National Congress with a bill that aims to include the crime of aggression in our legal system and extend war crimes to non-international conflicts. Similarly, our legislature is in the process of adopting a bill on cooperation between the State of Chile and the International Criminal Court, the purpose of which is to facilitate our country’s cooperation with the Court. In that respect, we thank the Court for the support provided by its secretariat in reviewing this future law. As focal point of the Group of Latin America and the Caribbean, Chile is part of the Court’s review mechanism, which is tasked with evaluating the recommendations included in the report of the group of independent experts and identifying further measures to be taken. The work of the Review Mechanism is fundamental to strengthening the ICC and improving its functioning, bearing in mind the independence of the Court and its organs. In that endeavour, Chile has sought to ensure transparency and inclusiveness in the elaboration of a comprehensive plan of action, alongside the efforts of the representatives of Sierra Leone and the Netherlands, who are leading the initiative. We believe that in order to achieve an action-oriented outcome, it is necessary to address the priorities and approaches broadly shared by the various actors, such as putting victims and affected communities at the centre of the Court’s work and safeguarding victims’ rights. Finally, we reiterate our commitment to the universality of the Rome Statute and our full conviction in the Court’s key role in the fight against impunity and the deterrence of acts that shock the conscience of humankind and threaten international peace and security. We stress and insist on the need to build bridges between the Court and the States involved in its investigations. That is essential for the success of an investigation at this level. In the interest of achieving a robust Court, it is our hope that adherence to the Rome Statute will progressively increase among the members of the international community. The realization of that aspiration will allow the jurisdiction of this Court to be extended to other States with a view to achieving universality. In conclusion, we wish to congratulate the new judges and the new Prosecutor of the International Criminal Court, elected at the most recent Assembly of States Parties, and we reaffirm our commitment to continue to support the Office of the Prosecutor and the Court as a whole, with a view to strengthening international justice.

Ireland associates itself with the statement made earlier on behalf of the European Union and its member States (see A/76/PV.29). At the outset, I wish to thank the International Criminal Court (ICC) for its annual report (see A/76/293) to the United Nations. I also congratulate President Hofmański on taking office and on his informative briefing on the important work of the Court. Ireland welcomes this opportunity to reiterate our support for the Court and to highlight its importance as the cornerstone of the international system of criminal justice. While the Court has always faced challenges in pursuing the ideals of the drafters of the Rome Statue, it is heartening to see the progress highlighted in this annual report, despite the restrictions necessitated by the ongoing coronavirus disease pandemic. With the Court approaching 20 years of operation, this report bears witness to a time of change and renewal throughout the Rome Statute system. Ireland congratulates all of the newly elected judges, the Prosecutor and the President of the Assembly of State Parties on taking up office in the reporting period. We look forward to working with them as they lead the Court into its third decade. This change in leadership occurs in the midst of a review process aimed at further strengthening the ICC and the Rome Statute system. Ireland commends the Court for the progress it has made on this task, in parallel with its heavy prosecutorial and judicial workload. In embracing the review process, Ireland remains steadfast in our support for the immutable principles that underpin the work of the ICC  — principles that must not be undermined. Chief among those are the Court’s independence and impartiality. The work of the Court should never be politicized, and narrow national interests should never be allowed to override the higher call of international justice. Today, we call on all States to respect the independence and integrity of the Court and to cooperate actively with its investigations in order to ensure true accountability on behalf of the victims of atrocity crimes. We do not need to look far for examples of how the Court benefits from cooperation. The present report demonstrates that the Relationship Agreement between the United Nations and the International Criminal Court has been a key enabler in the work of the Court, especially when it comes to assisting with challenging field activities. Nevertheless, there are aspects of the broader relationship between the two institutions that can and should be improved. That is most acute with respect to the relationship between the Court and the Security Council, a matter of particular interest to Ireland as a Council member elected by the General Assembly for the period 2021-2022. Accountability is one of Ireland’s core priorities for our tenure on the Council. The Rome Statute empowers the Security Council to refer situations to the Court. There must be consistency and objectivity with respect to referrals. Ireland believes that reform of the Council veto, along the lines of the French-Mexican initiative and the Accountability, Coherence and Transparency group code of conduct regarding Security Council action against genocide, crimes against humanity and war crimes, will help achieve that goal. However, those reforms alone are not enough. The referral of cases must be accompanied by consistent follow-up support from the Council. As indicated in the present report, the Court’s 16 findings of non-cooperation by States, in relation to situations already referred by the Council, require substantive responses. Furthermore, the Court must receive adequate financial support from the United Nations when the Council refers situations to it. Nonetheless, we are pleased to see the report’s positive reference to the Council’s support of the Court. The Rome Statute places the victim at the centre of its framework by promising effective reparative justice for victims, their families and their communities. The work of the Trust Fund for Victims is indispensable in that endeavour. Ireland is proud to have increased its regular voluntary contribution to the Trust Fund this year. We encourage all States parties that are in a position to do so to consider contributing as the Fund expands its work, as illustrated in the report. An independent and empowered International Criminal Court is key to ensuring justice for many of the world’s most marginalized people. In its short lifetime, the ICC has offered the hope that accountability can prevail over power. It is that hope that underpins Ireland’s commitment to supporting the universality of the Rome Statue. We encourage all States that have not already done so to become party to the Rome Statute.

First, allow us to thank the President of the International Criminal Court (ICC) for the presentation of its annual report (see A/76/293), which we have duly noted and in which we have been able to verify the judicial activities carried out by the Court, in compliance with its mandate, including those related to the cases in process, the conclusion of some of them and the new investigations currently under way. The Venezuelan State is committed, both in its national legislation and in practice, to the respect, protection and promotion of all human rights and fundamental freedoms. We therefore condemn crimes against humanity, war crimes, genocide and ethnic cleansing, all of which are included in the Rome Statute. We reiterate the role of the State as guarantor of its population’s security at all times and call for justice in cases where such heinous crimes have been committed. In that regard, the Bolivarian Republic of Venezuela renews its firm commitment to the Rome Statute and to the fight against impunity for the most serious crimes of international concern, as my country considers that to be a critical step towards the maintenance of international peace and security, as well as the international rule of law. In February 2020, our country made a referral to the International Criminal Court for it to investigate and determine the criminal responsibilities of those in the Government of the United States of America who have perpetrated acts of extermination against the Venezuelan people through the illegal application of a cruel and inhumane economic, commercial and financial blockade, which, among other things, prevents our people from accessing food or medicine and which, due to its systematic and intentional nature, clearly constitutes a crime against humanity, in accordance with the provisions of article 7 of the Rome Statute. Moreover, as recently announced, our country will make a new referral to the Court so that it can also investigate and determine the criminal responsibilities of those in the Government of the Republic of Colombia who have carried out acts of murder, enforced disappearance and persecution of Venezuelans who, for economic reasons, were encouraged to migrate to that country and today are victims of violence, hatred, segregation, stigmatization, xenophobia, discrimination and intolerance, which, despite an intense international publicity campaign, is encouraged openly and with impunity by the high authorities of the Government of President Iván Duque Márquez. Although it is natural that, on occasion, we may disagree with certain principles or views contained in the decisions of the Office of the Prosecutor of the Court, as a responsible member of the international community, Venezuela has expressed its full willingness to actively collaborate with Prosecutor Karim Khan, based on the principle of complementarity, in the interests of establishing the truth and achieving justice. In that way and unlike other countries that have chosen to impose unilateral coercive measures against those mandated to investigate the alleged commission of atrocity crimes, my country has decided to sign a memorandum of understanding with the Office of the Prosecutor in order to enhance cooperation. The Bolivarian Republic of Venezuela reaffirms that the ICC is a court of last resort that establishes a system of justice for serious international crimes, rooted in national courts. National authorities therefore have the primary responsibility to investigate and prosecute crimes under the Rome Statute and the Court becomes involved only when States are unwilling or unable to act within their jurisdiction to carry out the appropriate national procedures. Our country, through the Public Prosecutor’s Office, the body responsible for investigating, prosecuting and convicting those allegedly responsible for the commission of crimes and human rights violations, has carried out a series of reforms and adopted a set of measures to ensure the effective administration of justice in the country and to provide reparations to victims, in full compliance of its national and international obligations in that regard, including those arising from the Rome Statute. In conclusion, while reiterating our support for the ICC in its efforts to put an end to impunity for the most serious crimes, as well as our commitment to the principle of positive complementarity, we call for preserving the independence, objectivity, non-selectivity, impartiality and transparency of the work of the Court and preventing it from being used to advance political interests that run counter to the spirit of the Rome Statute and undermine both its credibility and the primacy of justice and human rights.

Trinidad and Tobago welcomes the opportunity to contribute to this debate on agenda item 77, “Report of the International Criminal Court”. We take note of the reports of the Secretary-General (A/76/291 and A/76/292) and the annual report of the Court (see A/76/293). As we approach two decades since the entry into force of the Rome Statute, this delegation cannot but reflect on the living working legacy of the late Arthur N. R. Robinson, former Prime Minister and President of Trinidad and Tobago, whose determination and pioneering work, with the collaboration of others, led to the establishment of the International Criminal Court (ICC). As a fervent advocate of global justice, he worked tirelessly to bring into existence a permanent, apolitical, independent, global tribunal, which, by its very function, punishes impunity in the commission of the most egregious crimes against humanity. It is for that very reason that Trinidad and Tobago remains resolute in its commitment to support the Court and its ideals of ending impunity for the perpetrators of the most serious crimes of concern to the international community, as outlined in article 5 of the Rome Statute, namely, the crime of genocide, crimes against humanity, war crimes and crimes of aggression. Trinidad and Tobago therefore joins with other members of the international community in highlighting the continuing importance of thwarting such crimes and ensuring that those responsible are brought to justice. We also share the view that injustice anywhere is a threat to justice everywhere. Despite its detractors, it cannot be denied that the ICC continues to provide hope and to be seen as a beacon of hope to victims of atrocities everywhere who are seeking justice. Often, those victims include the most vulnerable and marginalized groups in society, including women and children. It is worth underscoring that the ICC is intended only to complement national legal systems, in recognition of the sovereign competence of national courts. Its jurisdiction is invoked only in cases of those who, in the face of preponderant evidence, are alleged to have committed grave crimes, in instances where States are either unwilling or unable to bring prosecutorial action against the alleged perpetrators. Accordingly, we reiterate that no State or individual should fear the International Criminal Court, as it is a court of last resort. Trinidad and Tobago holds firmly to the view that there exists a strong link between the further strengthening of the Court and the universality of the Rome Statute. Increased membership and cooperation would greatly benefit the Court by closing existing gaps in coverage, thus placing it on a better footing to more effectively discharge its mandate. We therefore encourage all States that have not yet done so, to swiftly ratify and fully implement the Rome Statute of the ICC. The cooperation of States is an absolute requirement in order for the Court to effectively discharge its mandate. In that connection, Trinidad and Tobago continues to urge States to cooperate with the ICC, as necessary, at all stages of investigations and proceedings, including in the issuing of arrest warrants and the transfer of suspects to be tried by the Court. In keeping with Sustainable Development Goal 16, sustainable development can only be achieved where there is a commitment to peace, justice and strong institutions. The ICC plays a critical role in assisting States to strengthen their institutions and promote peace and justice. Such interactions can positively impact the socioeconomic well-being of communities, States and, by extension, regions. Conversely, where there is an absence of peace and justice and strong institutions, conflict and fear will prevail. The International Criminal Court places emphasis on victims as important stakeholders in the criminal justice system, whether as participants or recipients of mandated retributive justice. The Trust Fund for Victims contributes immensely to achieving sustainable and long-lasting peace by assisting victims’ return to a dignified livelihood in their communities. We note that throughout the reporting period, the Fund’s activities increased  — from six project contracts with implementing partners to 27. In that regard, we encourage States and other entities in a position to do so, to contribute to the Trust Fund, with a view to supporting the maintenance and expansion of its assistance programmes, as well as Court- ordered reparations. Trinidad and Tobago continues to be gratified by the cooperation between the ICC and the United Nations, pursuant to the Relationship Agreement between the two entities. We are pleased to note that during the current reporting period, the Court continued to receive critical support and cooperation from senior United Nations officials, including the Secretary-General. My delegation extends its congratulations to the six new judges elected at the nineteenth session of the Assembly of States Parties to the Rome Statute of the ICC, held in New York in December 2020. We are elated that an outstanding jurist, Justice Althea Alexis- Windsor of Trinidad and Tobago stood among those elected. The promotion of gender equality and equity is a priority in the national development strategy of Trinidad and Tobago. It is therefore a proud moment for us, not only for having a citizen elevated to the bench, but also for having thus contributed to the attainment of gender balance among the sitting judges. In that connection, Trinidad and Tobago commends the ICC for adopting the progressive step earlier this year of appointing a focal point for gender equality. We also welcome and congratulate the new President of the Court, the President of the Assembly of State Parties and the new Prosecutor and wish them every success in the discharge of their respective mandates. Similarly, we wish to recognize and salute the sterling contribution of the former Prosecutor, Ms. Fatou Bensouda, and convey our profound gratitude and best wishes to her. In closing, allow me to reaffirm, once more, the undiminished support of the Government and the people of Trinidad and Tobago for the mandate of the Rome Statute of the International Criminal Court and for cooperating fully with this unique international institution in order to promote the universal recognition of and respect for the inalienable dignity of humankind.

My delegation associates itself with the statement made by the representative of the European Union delegation (see A/76/PV.29) and wishes to make the following remarks in its national capacity. First, my delegation thanks Judge Piotr Hofmański, President of the International Criminal Court (ICC), for his detailed presentation of the Court’s annual report (see A/76/293) on its activities in 2020 and 2021. We congratulate the election in December of six judges, Prosecutor Karim Khan and the President of the Assembly of States Parties, Ms. Silvia Fernández de Gurmendi. We reiterate our support and confidence in their work and wish them every success in the essential tasks entrusted to them by the States parties. France reiterates its unfailing support for the institution of the International Criminal Court. It welcomes the Court’s central role in the fight against impunity for the most serious crimes. In that regard, we recall that the Court remains, to date, the only permanent universal international criminal court. My delegation would like to stress five points. First, the cooperation, assistance and support of States  — whether or not party to the Rome Statute  — as well as that of the United Nations, continue to be essential for the Court to be able to carry out its missions. In that regard, my delegation urges all States to cooperate closely with the Court, including by ensuring the speedy execution of arrest warrants. Cooperation with the Court also implies providing it with the financial means necessary for the success of its mandate. We call on all States parties to honour their financial commitments to the Court. Secondly, my delegation reiterates its commitment to the independence of the Court, as enshrined in articles 40 and 42 of the Statute and pledges to firmly combat any attempt to interfere with the proper administration of justice. Thirdly, special assistance and support must be provided to victims. We note that the activities of the Trust Fund for Victims of crimes within the jurisdiction of the Court have expanded considerably throughout the years 2020 and 2021. Fourthly, a review process aimed at strengthening the institution and overall performance of the Court is under way. France welcomes that commitment and reiterates its support for reforms that will enhance the Court’s efficiency and authority. More broadly, we call on the Court and the States parties to continue to put in place measures to strengthen the international community’s confidence in the Court. Finally, my delegation stresses the importance of multilingualism and a balance of legal traditions as a guarantee of legitimacy and effectiveness. The Court’s staff and working methods must reflect those values and diversity. I would be remiss if I did not pay tribute to former Prosecutor Ms. Fatou Bensouda, who honourably discharged her duties. More than ever, France calls on the members of the General Assembly to lend their full support to the International Criminal Court. Almost 25 years after its signature, the Rome Statute is a pillar of our law- based international order and should be ratified by the international community as a whole.

I would like to thank President Hofmański for the introduction of this year’s annual report (see A/76/293) and to make some national remarks in addition to the statement delivered on behalf of the European Union and the joint explanation of position delivered yesterday by the delegation of Liechtenstein (see A/76/PV.29). First, Cyprus remains a strong supporter of the Rome Statute system, which continues to be as relevant as ever, and we will continue to work for the universal ratification and full implementation of the Rome Statute. Secondly, I wish to acknowledge the work of the International Criminal Court (ICC) during the most recent reporting period and to single out the high participation of victims in its proceedings. We must continue to be driven by the endeavour of providing the maximum measure of redress for victims of atrocity crimes. Thirdly, I wish to welcome the additional ratifications of the amendments on the crime of aggression during the reporting period and urge all States Parties to do likewise. As the President stated, while aggression was recognized as an international crime before the Rome Statute, it was the latter that created a judicial mechanism to enforce this criminalization. Preventing and punishing crimes of aggression is an endeavour inextricably linked to the United Nations, as the genesis of the latter was dictated by the need to end aggression and the threat or use of force. We continue to believe that, as the organ responsible for the maintenance of international peace and security, the Security Council should examine very carefully the commission of international crimes in all situations before it and consider referrals as a matter of course in its deliberations. While the ICC has evolved into a key instrument in combating impunity, preventing future crimes and promoting an international rules-based order, it has to be acknowledged that international justice remains the most undervalued pillar of our work here at the United Nations. It is in our hands to ensure that international law and justice are firmly embedded in United Nations work, as necessary ingredients to realize the objectives of both the United Nations and the ICC. Institutional cooperation between the two is not only natural but also indispensable. Fourthly, in addition to ensuring maximum support for the ICC by the United Nations, including in the field, the importance of cooperation extended to the Court by States Members of the United Nations cannot be overstated. This is particularly crucial in respect of the arrest of persons subject to ICC warrants. While positive developments have occurred this year, such as the lifting of the United States economic sanctions and visa restrictions against the Court and its high officials, we must renew our collective commitment to supporting the ICC in every way and to protect its judicial and prosecutorial independence and integrity. Fifthly, the Court itself must strive for the highest standards in its performance so as to be in a position to fulfil its mandate. The ongoing work of the review mechanism provides an opportunity for the Court to further improve its work in delivering justice to the victims of atrocity crimes and should be taken forward in a manner that respects the independence of the Court. We also wish to commend the Court for rapidly adapting its working methods during the pandemic, with hybrid proceedings that enabled it to advance its judicial proceedings with only limited delays. Sixthly, in the past year, the Court has experienced some significant changes in its leadership, with the election of six new judges and a new Prosecutor. Cyprus believes that it should remain a high priority to continue strengthening the selection process for the Court’s high officials in order to ensure that only the most highly qualified individuals are selected through fair, transparent and merit-based processes, including through the establishment of a vetting mechanism. Finally, Cyprus greatly values the Trust Fund for Victims and, within its capacity, will continue to contribute to its important work.

The Republic of El Salvador thanks Presiding Judge Hofmański for his introduction of the annual report on the activities of the International Criminal Court (ICC), contained in document A/76/293, in the General Assembly. My delegation takes this opportunity to congratulate him on his election as President of the Court, wishing him every success and renewing El Salvador’s full support for the Court. My delegation takes note of the reports of the Secretary-General (A/76/291, A/76/292 and A/76/293), which detail important activities corresponding to the work of the International Criminal Court and which are submitted to the General Assembly pursuant to article 6 of the Relationship Agreement between the United Nations and the Court. El Salvador was present and voted in favour of the creation of the Court and signed the Final Act of the United Nations Diplomatic Conference of Plenipotentiaries held in Rome, Italy. At that time, our country demonstrated that it is no stranger to the world’s great yearnings for peace and justice and that this forum is an opportunity to reaffirm those aspirations. Today we can safely affirm that as an international community we have not erred in establishing the body and procedures necessary to judge those responsible for the most serious crimes of international concern. El Salvador has been a State Party to the Rome Statute of the International Criminal Court since 2016, and as such, it is crucial for my delegation to recognize that the Court serves as the essential body to promote respect for international criminal law, international humanitarian law and human rights, thereby contributing to freedom, security, justice and the rule of law, as well as the consolidation of international peace and security, as elementary principles of the Charter of the United Nations. In this regard, the Republic of El Salvador reaffirms its condemnation of the commission of the most serious crimes of concern for the international community, including crimes against humanity and war crimes, which, due to their magnitude and atrocious nature, demonstrate an absolute disregard for human dignity and fundamental rights and, to that extent, the degree to which those crimes violate prevailing obligations under international human rights law, such as respect for the right to life and the physical, moral and psychological integrity of persons. El Salvador expresses its satisfaction with the work that the Court has carried out since its creation to date, a stage in which it has already issued its first judgments on matters within its jurisdiction, thereby providing tangible proof that it is possible to close the impunity gap and that when a national criminal justice system does not operate, it is possible to activate the international criminal justice system. In this regard, my delegation wishes to renew its full support for the ICC as a permanent, independent and universal institution, which, through the exercise of the principle of complementarity with national jurisdictions, can guarantee the reduction of scenarios of impunity when such crimes are committed. My delegation recognizes that, due to the problems and challenges caused by the coronavirus disease pandemic, the functioning of the Court has had to face numerous difficulties, and therefore welcomes the significant progress that has been made despite such circumstances between 1 August 2020 and 31 July 2021, including the election of six new judges, a new President and a new Prosecutor, as well as the initiation of a total of 30 cases and other substantial proceedings in exercise of its jurisdiction. We hope that the renewed leadership of the Court’s institutional structure will continue to ensure the impartial and independent exercise of its jurisdiction. For El Salvador, it has also been important to promote the institutional strengthening of the system created from the regulations of the Rome Statute. We must make reference to the review process of the ICC and the Rome Statute system in which the Court is immersed and in which the recommendations of the group of independent experts stand out. By mandate of the Assembly of States Parties to the Rome Statute, the group of experts has presented a scheme aimed at improving the functioning of that body. The categorization of the proposed reforms has merited the various expressions of support, including from my country, El Salvador, which, through our Permanent Mission accredited to international organizations in the Hague, has assumed, within the work of the Assembly of States Parties to the Rome Statute, the effective coordination of the working group on legal aid, as part of the strengthening of the legal aid policy aimed at placing victims and defendants on an equal footing with the prosecution, highlighting the importance of this system to ensure the impartiality of judicial proceedings. The defence of victims without resources and defendants is, without a doubt, a fundamental component in the Court’s structure. Furthermore, El Salvador wishes to reiterate its contribution to the formulation of a zero- tolerance policy on workplace and sexual harassment. Gender balance and greater geographical distribution, included in the recommendations of the experts, are of particular interest to us, since my delegation sees merit in the efforts to gradually strengthen the presence of all regions, including our own. Finally, still within the framework of the institutional strengthening of the Court, it is worth noting that El Salvador has fulfilled its financial commitment this year, which, in our opinion, demonstrates our willingness as a country to contribute to the improvement of this highest international judicial forum. In short, my delegation wishes to reiterate its commitment to supporting and defending the principles enshrined in the Rome Statute, renewing our willingness to preserve the integrity of the Court and the organic system established on the basis of the Rome Statute, which expresses a universal vocation to guarantee, through compliance with the Statute, that international justice is respected and implemented in a lasting manner. Accordingly, I reiterate my country’s deep commitment and support for the work of the International Criminal Court and urge those countries that have not ratified the Rome Statute to continue the process, with a view to achieving its full universality.

The United Kingdom congratulates President Piotr Hofmański on his election as President of the International Criminal Court (ICC) and wishes to thank him for his thoughtful briefing yesterday (see A/76/PV.29), and for the Court’s annual report to the United Nations (A/76/293). The pandemic has inevitably had an impact on the work of the Court, as, of course, it has on all international organizations. However, we are pleased to note that the Court has adjusted to the challenge effectively, developed alternative ways of working and sought to keep to a minimum the inevitable delays in proceedings. Despite these challenges, we welcome the fact that the Court has delivered the verdict in the case of Dominic Ongwen, and confirmed the conviction of Bosco Ntaganda, who was found guilty of, among other heinous crimes, sexual enslavement and rape. Promoting international criminal justice and accountability for the most serious crimes of international concern is a fundamental element of the United Kingdom’s foreign policy. With that in mind, the ICC has a crucial role to play in entrenching the rule of law, ending impunity for the most serious crimes of international concern and achieving justice for victims. Consequently, the United Kingdom is, and will remain, a consistently strong supporter of the Court, as it has been since its establishment under the Rome Statute. The defence of victims without resources and defendants is, without a doubt, a fundamental component in the Court’s structure. The United Kingdom also wants to see the Court strengthened so that it can best serve international justice. Last year, we stated our view that the election of the best possible judges and a new Prosecutor was vital for the future of the ICC (see A/75/PV.18). Since then, six new judges have been elected to the Court, including Judge Joanna Korner, from the United Kingdom. We wish them every success as they deal with the important cases coming before the Court. Further, the election of Prosecutor Karim Khan signals the beginning of a new era for the Court. We hope all States Parties are able to support him in his endeavours to hold to account those who are guilty of the most heinous crimes and to help achieve justice for the victims of those crimes. The Court has seen successes and significant change over the past year, but it still requires the cooperation and support of States. The United Kingdom continues to provide significant financial, practical and political support to the Court. However, the United Kingdom has also been a supporter of the necessary reforms to enable the Court to address the range of challenges it faces efficiently and effectively. We warmly welcome the ongoing efforts to pursue an inclusive State Parties- driven process to pursue the reform agenda and also the cooperation of the Court’s principals in doing so. We believe that the Court has a pivotal role to play in global efforts to end impunity for the most serious crimes of international concern by holding perpetrators to account and achieving justice for victims. We remain committed to continuing our support to the Court and to working together with States Parties and the Court to ensure it is an efficient and effective Court and that its vital mandate is fulfilled.

At the outset, I would like to express my sincere appreciation to President Hofmański for his comprehensive briefing on the report of the International Criminal Court (ICC) contained in document A/76/293 (see A/76/PV.29). My delegation also commends the joint efforts of the Presidency, the Chambers, the Office of the Prosecutor and the Registry to help end impunity for perpetrators of the most serious crimes of concern to the international community. We are all well aware of the significant role that the ICC has played in securing criminal justice for perpetrators of heinous crimes and providing a solid basis for the successful implementation of the United Nations Sustainable Development Goals. Recognizing the remarkable progress the ICC has made, I would like to discuss some points upon which my delegation places great emphasis. First, we welcome the efforts of States Parties, the Court and other stakeholders aimed at assessing and implementing the recommendations of the Independent Expert Review (IER). The ICC has been facing considerable challenges on a number of fronts. However, we firmly believe that, with the help of its stakeholders, the ICC will be able to rise above these challenges to establish itself as a robust and reliable institution for ensuring international criminal justice. Our active engagement in implementing the IER recommendations will significantly contribute to overcoming obstacles and further improving the efficiency of the Court’s operations. Secondly, the Republic of Korea would like to underscore that there has been a chronic imbalance in geographical representation in the recruitment of ICC staff, wherein some countries and regions, particularly the Asia-Pacific region, have been disfavoured, and that the ICC should be represented from a geographically balanced perspective to further strengthen the cooperation between the Court and States Parties. Equitable geographical distribution will benefit the Court by ensuring a diversity of perspectives, which increases creativity and remains crucial for addressing negative perceptions and advancing the universality of the Rome Statute. The efforts aimed at achieving balanced geographical representation not only provide an incentive for individual underrepresented States to increase their participation, but also form the basis for dynamic cooperation with States Parties from all over the world. Finally, the full and effective implementation of the Rome Statute by all States Parties is vital to the success of our fight against impunity, since wider participation will undoubtedly lead to stronger support for the Court. To promote efforts towards universality and enhance cooperation with States, we also need to raise awareness of the fact that the ratification of the Rome Statute does not equate to a concession of sovereignty, in the light of the principle of complementarity. The Republic of Korea will continue to be strongly committed to enhancing the universality of the Rome Statute, especially in the Asia-Pacific region. The Republic of Korea has been one of the staunchest supporters of the ICC since the Court’s inception. We will continue to contribute to furthering the Court’s causes and helping it to achieve its goals.

Luxembourg fully subscribes to the statement made yesterday by the distinguished representative of the European Union (see A/76/PV.29). Allow me in my national capacity to complement it with some considerations. I thank the President of the International Criminal Court (ICC), Judge Piotr Hofmański, for his report on the activities of the Court (A/76/293). I would like to reaffirm Luxembourg’s unwavering support for the international criminal justice system, embodied in particular by the ICC. The Court is an indispensable instrument of the international community to fight impunity and promote an international order based on the rule of law. It is more important than ever to defend the principles and values enshrined in the Rome Statute and to preserve the integrity of the ICC. The international criminal justice system is of paramount importance to ensuring accountability for the most serious crimes and to delivering justice to victims, who must be at the centre of our efforts. The promotion of criminal accountability is essential to achieving and maintaining international peace and security. Indeed, it cannot be stressed enough that peace and justice go hand in hand and are mutually reinforcing. This link between justice and peace becomes even more apparent in the light of developments that have taken place during the current year. In two situations, in Myanmar and the Sudan, armed forces accused of genocide carried out coups against legitimately elected civilian authorities. The lack of accountability for past and present acts only encourages the commission of more crimes in future. The role of the ICC is crucial in ensuring accountability and breaking the vicious cycle of impunity for such crimes. Luxembourg welcomes the high level of activity of the Court, with four trials under way and a fifth case in preparation for trial. Twelve cases are at the preliminary stage awaiting the arrest of the suspect or his voluntary appearance before the Court. In addition, there are 15 situations under investigation by the Office of the Prosecutor and six situations at the preliminary investigation stage. In this context, it is essential to provide the Court with the necessary resources to fulfil its important mandate. I thank Ms. Fatou Bensouda for her determined and diligent work as Prosecutor and previously as Deputy Prosecutor of the ICC over the past 17 years. Luxembourg welcomes the election of Mr. Karim Khan as ICC Prosecutor on 16 June. Luxembourg reaffirms its full support for the work of the Office of the Prosecutor. We also welcome the inauguration last February of the new President of the Assembly of States Parties to the Rome Statute, Ms. Silvia Fernández de Gurmendi, and we support her efforts. Significant progress has been made in the field of international criminal justice and the fight against impunity over the past decades, thanks in particular to the valuable contribution of the ICC. Luxembourg remains firmly opposed to any attempt to discredit the Court and impede its work. The Court is an independent and impartial institution under the Rome Statute. The protection of the neutrality and judicial independence of the ICC is paramount for the Court to effectively carry out its mandate. It is important to respect that the judicial process must be free from political considerations. The defence of justice and human rights should be a priority in all circumstances. In carrying out its mandate, the Court depends on cooperation to ensure accountability for the most serious crimes. To date, 12 arrest warrants remain open, half of which relate to cases referred to the Court by the Security Council. Recent developments in the Sudan are of particular concern, given that the civilian authorities had announced their cooperation with the ICC. In line with its commitment to the fight against impunity, Luxembourg calls on all States to cooperate with the ICC. We also encourage the Security Council to make use of its right to refer cases to the Court when it appears that crimes within the Court’s jurisdiction have been committed. It is equally important that after a referral, the Security Council ensures cooperation with the ICC and implements appropriate follow-up measures in case of non-cooperation. As President Hofmański (see A/76/PV.29) and other speakers have done before me, I would also like to encourage those States that have not yet done so to ratify the Rome Statute. Each accession to the Rome Statute increases the collective strength of the international system based on the rule of law. It cannot be stressed enough that the Court is complementary to national judicial systems and is not intended to replace them. The Court’s mission is to end impunity for the most serious crimes of concern to the international community as a whole. Particularly for small States, accession to the Rome Statute is all the more important as it strengthens the protection of the rule of law at the international level. Luxembourg welcomes the continued increase in the activities of the Trust Fund for Victims with regard to assistance and reparations. It is important that victims are able to participate in trials and obtain reparation for the crimes they have suffered. They are the ones who must be at the centre of our concerns. In this context, I am pleased to confirm that Luxembourg has just made new contributions to the Fund for Victims and the fund for witnesses, both of which are essential for the work of the Court. I would like to conclude by commending the work of civil society, which has played an important role in the establishment of the Court and continues to defend the impartial and independent mandate of the ICC. We must preserve the space for civil society organizations to contribute to the fight against impunity.

Georgia aligns itself with the statement delivered by the representative of the European Union and its member States (see A/76/ PV.29). Let me add the following remarks in my national capacity. At the outset, Georgia takes this opportunity to thank President Hofmański for introducing the latest report on the work of the International Criminal Court (ICC) (A/76/293), which reflects the progress made by the Court in its investigative, prosecutorial and judicial activities amid the challenging times posed by the pandemic. Furthermore, Georgia wishes to congratulate President Hofmański, along with the recently appointed judges, the ICC Prosecutor, Mr. Karim Khan, and the President of the Assembly of States Parties, Ms. Silvia Fernández de Gurmendi, on their appointments. Georgia wishes to reaffirm its strong support for the successful work of the ICC, the strengthening of the Rome Statute system and its vital role in the fight against impunity globally. We fully concur with the belief that, as the central judicial institution of international criminal justice, the ICC contributes to the promotion of peace and security by investigating the most serious crimes and subsequently bringing the perpetrators to justice, thereby upholding the rule of law. We support efforts aimed at promoting the efficiency and good governance of the ICC system, and we recognize the importance of the independent expert review and the work of the review mechanism in that vital process. We believe in our collective objective of helping the Court to succeed in overcoming all its challenges and delivering justice to victims, which will be a first step towards achieving sustainable peace and reconciliation for the affected communities. In that respect, Georgia continues to invest efforts in strengthening the Court in terms of institutional and budgetary means, support the ICC as a core legal institution, among others, making its Trust Fund for Victims fit for its purpose to serve affected communities worldwide. In 2016, Pre-Trial Chamber I granted the Prosecutor’s request to open an investigation proprio motu into the situation in Georgia in relation to crimes against humanity and war crimes within the jurisdiction of the International Criminal Court in the context of an international armed conflict between 1 July and 10 October 2008. The Government of Georgia continues to make intensive efforts on a daily basis to match the increasing needs of the investigation. We wish to join the call of the Office of the Prosecutor on the Russian Federation to cooperate as part of the ongoing investigation in the interests of seeking justice for the victims of the conflict. We hope that the landmark judgment of the European Court of Human Rights (ECHR), dated 21 January 2021, on the case of Georgia v. Russia (II), will substantially contribute to the ICC investigation. In its judgment, the ECHR legally established and unequivocally confirmed the fact of Russia’s occupation and effective control over the Abkhazia and Tskhinvali regions, along with Russia’s responsibility, during the August 2008 war and further occupation, for the killing, torture, ill-treatment and arbitrary detention of Georgian civilians and military personnel. In conclusion, let me reiterate that Georgia stands ready to continue its steadfast cooperation with the Court in order to ensure that the time has come for justice to be served for the victims of the most serious crimes of international concern, both in Georgia and elsewhere.

Columbia would like to welcome Judge Piotr Hofmański and wish him every success in his term of office as President of the International Criminal Court. We are also grateful for the presentation of the annual report (see A/76/293) of the International Criminal Court on its activities from 2020 to 2021, which has clearly been a year of great challenges for the Court, as a result of difficult consequences such as those posed by the coronavirus disease pandemic and the changes to its own administrative and investigative structures. That is in addition to the tasks conferred upon it by the group of independent experts and its more than 800 recommendations to streamline the work of the Court as a whole. In that connection, Columbia welcomes all the progress made in the Court’s operations in the reporting period. It has also been a very special year in terms of Colombia’s relationship with the Court. On 28 October, the Prosecutor, Mr. Karim Khan, announced his decision to close the preliminary examination that his Office had opened 17 years ago to investigate the situation in our country. The Prosecutor’s decision not only served to close the preliminary examination, the longest one in the history of the Court, but it was also conducive to the Office of the Prosecutor expressing its support for the institutions entrusted with rendering justice in Columbia, both in the ordinary and in the transitional courts. Those institutions now have the enormous responsibility of continuing to effectively hear cases against perpetrators of the most serious crimes of international concern. Thanks to the cooperation agreement between the Government and the Office of the Prosecutor, they do not have to act alone. In accordance with the agreement, the Government declared its commitment to continuing to support the various jurisdictions operating in the country in order to ensure that they continue to take decisive steps to combat impunity. Moreover, that agreement, the only such one to date, enables the Office of the Prosecutor and the Columbian judicial authorities to continue to exchange experiences and good practices outside the preliminary examination framework. That is clearly an innovative system that shows the extremely important role of the positive complementarity demonstrated by Columbia over the past 17 years and makes it possible to forge a new era of relations between the Court and one of its member States. The changes that have taken place over the past months will redefine the way in which the International Criminal Court discharges the tasks entrusted to it under the Rome Statute for decades to come. New officials, new cases, new priorities and new cooperation frameworks are all signs that it is a dynamic mechanism that can adapt to circumstances so as to carry out its important work. Given everything that I just said, Colombia welcomes those new relations with the Court. We look forward to institutional strengthening and a renewed impetus in order to identify and prosecute perpetrators of the most serious crimes that touch the conscience of humankind. To that end, Columbia will continue to be a strategic partner and a State committed to the future of the Court.

We have heard the last speaker in the debate on this agenda item for this morning. We will hear the remaining speakers and take action on draft resolution A/76/L.7 this afternoon at 3 p.m. in this Hall.