A/79/PV.26 General Assembly

Monday, Oct. 28, 2024 — Session 79, Meeting 26 — New York — UN Document ↗

In the absence of the President, Ms. Kasymalieva (Kyrgyzstan), Vice- President, took the Chair.
The meeting was called to order at 10 a.m.

74.  Report of the International Criminal Court Note by the Secretary-General (A/79/198) Reports of the Secretary-General (A/79/197 and A/79/199)

The Acting President on behalf of President of the General Assembly #107351
I will now read a statement on behalf of the President of the General Assembly. “At the outset, I would like to congratulate Judge Tomoko Akane on her election as President of the International Criminal Court and extend my best wishes as she undertakes these important responsibilities. It is my pleasure to address this plenary debate and to welcome the submission of the Court’s report (see A/79/198), which provides a comprehensive overview of its work during the past year. “Since its establishment in 2002, the International Criminal Court has been a key part of the fight against impunity. It remains, and will continue to be, an essential international judicial body for addressing the most serious crimes of global concern. Failing to hold individuals accountable for heinous crimes fosters a culture of lawlessness, perpetuates violence and hinders progress towards lasting peace and security. Impunity undermines the rule of law, erodes trust in justice systems and weakens the protection of human rights. “I would be remiss if I did not take this opportunity to condemn ongoing cyberattacks and other threats against the Court and its officials. Such malicious acts obstruct the pursuit of justice for victims of serious crimes and are an obstacle to the fight against injustice. “Through its work, the International Criminal Court has made notable progress in combating impunity, as reflected in its annual reports to the General Assembly. The Court’s victim-centred approach is especially commendable. This ensures that the fight against impunity not only holds perpetrators accountable but also addresses the needs of victims. “Although the International Criminal Court is separate from the United Nations, cooperation between the two institutions is crucial for advancing global justice and promoting international peace and security. The Court’s ability to uphold global norms and the rule of law depends on collaboration between these two institutions, as well as Member States. As a cornerstone of the international criminal justice system, the Court’s partnership with the United Nations, along with continued support from Member States, will remain critical to its effectiveness in the years ahead. “At the heart of the Rome Statute is the principle of complementarity. This principle, which regulates the exercise of the Court’s jurisdiction, recognizes that the International Criminal Court functions as a court of last resort, only exercising its jurisdiction where national courts fail to do so. Accordingly, strengthening justice systems at the national level, including through capacity-building initiatives, should be a priority for all of us. This ensures that countries are equipped to effectively manage and prosecute the most serious offences. “The urgency of these efforts is especially important in these challenging times. In recent years, conflicts such as those in Gaza, Ukraine and the Sudan have seen the potential commission of heinous crimes. It is vital that impunity in these situations not be tolerated. States must prioritize accountability, ensure justice for victims and restore a sense of security within affected communities. “I conclude by emphasizing that the International Criminal Court plays a vital role in advancing Sustainable Development Goal 16, by promoting peaceful, inclusive societies, ensuring access to justice for all and building effective, accountable institutions. Through its commitment to justice and accountability, the Court not only reinforces global peace and security efforts but also strengthens the broader framework of sustainable development. “This year, we have a unique opportunity to renew momentum with the recent adoption of the Pact for the Future. While serving as a blueprint for revitalizing multilateralism going forward, it also strongly urges us to redouble our efforts to end impunity for the most serious crimes under international law. These include genocide, war crimes, crimes against humanity and other atrocity crimes. We must ensure accountability for such crimes. Essential to this effort is the promotion of the rule of law. In that spirit, as we look ahead, let us reaffirm our collective responsibility to support and uphold the work of the International Criminal Court, ensuring that justice prevails and impunity has no place in our world.” I now give the floor to Judge Tomoko Akane, President of the International Criminal Court. Judge Akane: It is an honour to appear before the Assembly for the first time after assuming the position of President of the International Criminal Court (ICC). The United Nations is a key partner of the Court. During the past year, the Court has continued to receive crucial cooperation and support from various United Nations entities, departments, offices and special advisers and representatives of the Secretary-General, including those present in the field. The Court expresses its sincere appreciation for such invaluable assistance, without which the Court’s activities cannot be sustained. During my brief remarks today, I will provide an overview of the Court’s current state of affairs and selected topical issues, while the written report, contained in document A/79/198, contains a more comprehensive account of the Court’s activities during the reporting period. The past year was marked by an unprecedented increase in demand for the Court’s work in the form of investigations, pretrial proceedings, trials and appeals. Sadly, the International Criminal Court is becoming more and more relevant in today’s world. I say sadly, because this reflects a painful reality that countless innocent civilians live in pain and misery in all regions of the globe. International atrocities that shock the conscience of humanity are being committed in many parts of the world at this very moment. The commitment made in the Rome Statute that the most serious crimes of concern to the international community as a whole not go unpunished has become of existential importance for the future of humanity. As the Court’s activities expanded, the Court has been subject to unprecedented levels of threats, pressures and coercive measures. In his report to the Assembly last year, my predecessor reported some of such impermissible actions (see A/78/PV.21). Unfortunately, during the reporting period, these threats, pressures and coercive measures have increased in number and have continued to pose a serious threat to the administration of justice by the Court. Let me be very clear on this: we cannot give up, and we will not give up. The Court is not a political institution. It is an international judicial body performing functions that align with the general interests of the international community by exercising jurisdiction over the most serious international crimes. Those crimes constitute grave breaches of fundamental norms of international law, including international law of armed conflict and international law of human rights, which are safeguards to international peace and security and human dignity. There are strict separations between the Office of the Prosecutor and the judiciary, with each being tasked with different mandates. The judges are, and always will be, fully independent and impartial in carrying out their duties. We are bound only by the law, and we do not change the course of our actions owing to threats, be they political or of another nature. We will continue to abide by our mandate undeterred, with integrity, determination, impartiality and independence at all times. I would like to wholeheartedly thank States and other entities who have supported the Court in various forms during these difficult times. Without their support, the Court cannot continue its crucial work in the fight against impunity. The Court not only needs and receives political and diplomatic support. During the reporting period, the Registry transmitted 416 primary requests for cooperation to States parties, other States and international and regional organizations. This is in addition to the 734 requests for visas and the 519 requests from the Office of the Prosecutor for assistance, as well as other requests for assistance for defence or reparations activities. These high figures illustrate how cooperation is essential to ensuring the advancement of day-to-day judicial proceedings. In order to strengthen its network of support, the Court has continued to engage in efforts to promote the ratification of the Rome Statute by States that are currently not parties to the Statute. I am happy to recall that there are currently 124 States parties. In addition, Ukraine deposited its instrument of ratification on 25 October, and the Statute will enter into force vis-à-vis Ukraine as of 1 January 2025, bringing the number of States parties to 125 for the first time in the Court’s history. This represents approximately two thirds of the international community in all regions. It is a commitment of extraordinary significance. However, by protecting and realizing fundamental norms of international law of universal reach, the Court acts in the interests of the entire international community and humanity as a whole. The Court will continue its efforts to increase the number of States parties, and it appreciates the efforts taken by our civil society partners in raising awareness and in promoting the universal ratification and full implementation of the Statute. For States parties, cooperation is not merely a desirable act, but a legal obligation under part 9 of the Statute. In this regard, the Court is particularly concerned about the lack of tangible action on the part of States parties to enforce arrest warrants issued by the Pre-Trial Chambers. The obligation to arrest and surrender is one of the means to give effect to the obligation to cooperate with the Court in the execution of its mandate. As stipulated in article 59, paragraph 1, of the Statute, a State party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question. As noted recently by Pre-Trial Chamber II, in its decision on non-cooperation, in the Court’s system, the presence of the suspect is required for a trial to take place and any bar to the execution of an arrest warrant would inevitably convert into the paralysis of the proceedings and therefore into impunity, undermining the ability of the Court to ensure that the most serious crimes of concern to the international community as a whole do not go unpunished. Personal immunity, including that of Heads of State, is not opposable before the ICC, and States parties and those accepting the Court’s jurisdiction are duty-bound to arrest and surrender individuals subject to ICC warrants, regardless of official position or nationality. The Court therefore strongly urges States parties to continue to fulfil their statutory obligations in line with the commitment made when signing the Rome Statute and the Assembly of States Parties to take action when faced with non-cooperation. The unprecedented situation the Court faces has brought about a transformative shift in the Court’s security posture, and this remain a key priority for the leadership of the Court. The Court has undertaken internal efforts to strengthen its security and has also engaged and worked with external partners. The Court expresses its gratitude to its host State, the Netherlands, for the support it provides on a daily basis. This includes the immediate and forceful steps taken in response to the unprecedented and large-scale cyberattack, which had an enormous impact on the Court, but also other measures taken to ensure the physical security of the Court. While we appreciate the efforts made thus far, the Court remains concerned that the current level of support is not sufficient to effectively mitigate risks arising from future threats and other coercive actions. The Court and the United Nations share a common goal to pursue international peace and security and the well-being of the peoples of the world. Attacks directed at the Court are attacks against the values enshrined in the Charter of the United Nations. The Court calls upon all United Nations Member States to take action, both individually and collectively, to prevent a situation in which the Court’s operations cannot continue, by taking preventive and responsive measures against threats directed at the Court. As part of the transformation in the Court’s security profile, it is undertaking a variety of steps to upgrade and enhance its digital systems to make them more resilient. The Court has been engaging with States parties to communicate these security needs in an open manner and hopes that it will be provided with the necessary resources that are absolutely crucial for its operation. The past 12 months have been an extraordinarily busy period for the ICC, with activities of different natures arising from all stages of the proceedings. At the time of the submission of this report, there were outstanding arrest warrants against 20 individuals, including four arrest warrants issued in the Ukraine situation in 2024. After the submission of the written report, on 4 October, Pre-Trial Chamber I unsealed six arrest warrants in the Libya situation, bringing the total number to 26. This, of course, does not include many other warrants that were issued under seal, as well as the enormous work done by the different Pre-Trial Chambers, which unfortunately cannot be shared owing to their confidential nature. The Court has continued efforts to enhance its tracking capabilities, but arrest warrants cannot be executed without the cooperation of States. Again, the Court urges all United Nations Member States to assist the Court by cooperating on the arrest and transfer of individuals subject to outstanding ICC arrest warrants. In the situation in Uganda, on 23 November 2023, following the Prosecution’s request to hold a hearing on the confirmation of charges against Mr. Kony, in absentia, Pre-Trial Chamber II found that there would be cause to hold a confirmation hearing against him in his absence. The hearings are currently expected to take place next year, and outreach activities by the Registry have already begun. While trials cannot be conducted without the presence of the accused, in absentia, confirmation proceedings can reduce the length of the proceedings subsequent to the suspect’s surrender, thereby allowing victims of the alleged crimes to obtain justice in a more timely manner. This is the first in absentia confirmation case before the Court, and the Pre-Trial Chamber found that the exceptional in absentia hearings are justified, given that the victims of alleged crimes committed by Mr. Kony have been awaiting justice for over 18 years and noted that such in absentia proceedings might be the only way for the victims to express their views and concerns. If confirmed, it would also send a strong message that Mr. Kony must be surrendered to the Court for subsequent proceedings, and the Court calls upon all States to cooperate in this regard. The judiciary continued to exercise oversight over the Prosecution’s investigations in various situations. In the Venezuela I case, the Appeals Chamber issued a judgment confirming the Pre-Trial Chamber’s decision authorizing the resumption of the Prosecution’s investigation, pursuant to article 18, paragraph 2, of the Statute. The Appeals Chamber continues its appellate work, and it is expected that next year, the Appeals Chamber may, for the first time, be seized of three concurrent final appeals. At the trial level, Trial Chamber X convicted Mr. Al Hassan of crimes against humanity and of war crimes committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali, in the context of control by Ansar Eddine and the Organization of Al-Qaida in the Islamic Maghreb. This marked the first trial judgment at the Court dealing with the war crime of the passing of sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees, which are generally recognized as indispensable. The Chamber’s sentencing decision is scheduled to be issued on 20 November. Hearings continued in the case of The Prosecutor v. Alfred Yekatom and Patrice- Edouard Ngaïssona and the case of The Prosecutor v. Mahamat Said Abdel Kani from the situation in the Central African Republic, and in the case of The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman from the situation in Darfur. Each trial entails a significant amount of work for the Court, as the amount of evidence submitted is typically in the thousands, and witnesses residing in all parts of the world are called to testify. During the reporting period, the Chambers issued 532 written decisions, in addition to oral and email decisions. Some 158 hearings were held. In 2023, 14 arrest warrants were issued, including those that are under seal. In its function to ensure the proper administration of the Court and considering the current security situation that the Court finds itself in, the presidency of the Court has appointed alternate judges in two trials in order to ensure that possible impediments of judges could be remedied swiftly. The Trial Chamber in the case of The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona decided to join the two stages of judgment and sentencing, if any, which will result in shortening the trial by many months. In these unfortunate times that we live in, the Court remains conscious of its mandate towards victims of mass atrocities. Victims are not mere observers but remain important participants in proceedings before the Court, and reparations are an integral part of ICC proceedings. The Court achieved a historic milestone with the reparations proceedings in the case of The Prosecutor v. Germain Katanga, concluded in April, with a closing ceremony held in Bunia, Democratic Republic of the Congo, which was warmly accepted by the survivors and locals. This also marked the first conclusion of a case that ended in a conviction in the history of the Court. Additionally, in the situation in Uganda, Trial Chamber IX issued a reparations order in the case of The Prosecutor v. Dominic Ongwen, who previously had been found guilty of crimes against humanity and war crimes committed in northern Uganda between 2002 and 2005; 49,772 victims were recognized as victims of crimes committed by Dominic Ongwen, and the reparations order awarded €750 to every victim of the crimes as a symbolic award. The Registry will now proceed with identifying the victim population that is potentially eligible for reparations while an appeal is pending before the Appeals Chamber. Apart from those cases, reparations orders in several other cases continued to be implemented. Approximately 24,000 individuals are directly benefiting from the provision of medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities through the Trust Fund for Victims. That constitutes a 53 per cent increase as compared with the previous year, which again demonstrates the unprecedented rate at which demands for the Court are growing. Sixty-nine per cent of those beneficiaries are women. The Court, together with its local and international partners, will continue to put into practice the principle of restorative justice that was inscribed into the Rome Statute system. In the Ntaganda and Ongwen cases, the Registry is in the process of identifying the approximately 10,000 and 50,000 individuals, respectively, for enrolment in reparations programmes. During the reporting period alone, the Court received 4,500 new victim application forms in the context of the cases that are currently pending. In concluding my presentation of the annual report, my thoughts remain with the countless innocent civilians who are suffering at this very moment. For many of them, the international institutions that we represent are the last glimmer of hope. I was deeply moved and impressed to know that this year’s Nobel Peace Prize was awarded to Nihon Hidankyo, which is a grassroots organization, located in Japan, that represents survivors of nuclear bombs and has been working to ensure that the tragedies that happened in 1945 will not be repeated. In an interview following the announcement, a representative of Hidankyo expressed concern that the world is currently moving backwards on nuclear disarmament. That is not limited to the area of nuclear disarmament. The rules-based international order and the rules of armed conflict that have been built since Solferino one step at a time are on the brink of being shattered to ruins. We are at a turning point in history, and, collectively, we have an important choice to make. During an official visit to Japan conducted earlier this year, I visited Hiroshima, the city that suffered from a nuclear bomb in 1945, where I had the privilege of meeting grandchildren of atomic bomb survivors. I also visited the Peace Memorial Park, which is aimed at preserving the memories of victims of the atomic bomb. On the cenotaph, there is an engraving in Japanese that says, “Let all the souls here rest in peace; for we shall not repeat the evil”. As a Japanese national, it was not the first time to visit the Memorial Park. But, as I stood there and laid flowers before the memorial cenotaph for the first time as ICC President, I felt a strong sense of determination and urgency that I had not felt before. The message that is engraved in the Peace Memorial Park reflects a promise to never repeat the evil of war and the suffering inflicted upon innocent victims. The Rome Statute similarly reflects a pledge on behalf of the international community that has established that atrocities must not be repeated, and that justice will be delivered. The ICC stands firmly by those commitments, which are embodied in its founding document. Victims of crimes that shock the conscience of humankind are treated without discrimination on the basis of religion, colour or nationality because justice cannot be selective, and because the rights of an individual cannot have a different weight depending on where they are born. As I have mentioned, we are truly at a turning point in history. The rules-based approach to the conduct of hostilities and global affairs and the very notion of international criminal justice are under significant threat. It is up to the international community to decide whether the rule of law at the international level should be defended or whether we ought to revert to the rule of power. As one of the few tools that are left at the international community’s disposal to enforce the norms of international law, the ICC will continue to carry out its lawful mandate independently and impartially, without giving in to any outside interference. It is our firm belief that, together, we will be able to defend the values of humanity, the fundamental rights of the peoples of the world and the future of our children and grandchildren, who all deserve to be able to peacefully co-exist on this beautiful planet.
I now give the floor to the representative of the Kingdom of the Netherlands to introduce draft resolution A/79/L.8.
Mrs. Tahzib-Lie NLD Netherlands on behalf of Kingdom of the Netherlands #107353
The Kingdom of the Netherlands aligns itself with the statement that will be delivered by the observer of the European Union today. On behalf of the Kingdom of the Netherlands, I would like to warmly thank President Akane for her eloquent presentation and for her ongoing leadership as President of the International Criminal Court. The Kingdom of the Netherlands is proud to be the host State and a firm supporter of the International Criminal Court. In my intervention, I will first cover the International Criminal Court and the Rome Statute system. I will then introduce this year’s draft resolution (A/79/L.8). The world is witnessing some of the most egregious crimes and flagrant violations of fundamental legal norms in Ukraine, the Sudan, the Middle East and many other places in the world. Despite that grim reality, there are also reasons for modest optimism. As the number of violations increases, support for the international fight against impunity expands. Since 2002, the number of States parties to the Rome Statute of the ICC has more than doubled, and it continues to grow. As we heard President Akane mention, from 1 January, there will be 125 States parties. The Rome Statute system encompasses far more than the Court in The Hague. The Statute has spurred major criminal law reforms on all continents, thereby further enabling States to prosecute international crimes before their domestic courts, in line with the principle of complementarity. In that light, I urge the remaining countries that have not done so to sign and ratify the Ljubljana–The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and Other International Crimes, as that will facilitate cooperation among States on mutual legal assistance and extradition for international crimes. As we heard President Akane say, the Court is facing many and major challenges. We must protect the Court, significantly as it is our most valuable asset in the fight against impunity. We cannot tolerate any threats or attacks against the Court, its information systems, its staff or their families. As the host State of the Court, the Kingdom of the Netherlands is committed to ensuring that the Court can operate safely and independently simply because we cannot undermine the system that brings us justice in the world, and we must ensure accountability for the international crimes that deeply shock humankind’s conscience. It is now my great honour to introduce the draft resolution contained in document A/79/L.8. The draft resolution welcomes the Court’s most recent report on its activities, as we just heard President Akane explain. It also acknowledges the role of the International Criminal Court in a multilateral system that aims to end impunity, advance the rule of law, promote and respect human rights, achieve sustainable peace and further the development of nations. All those aims are in accordance with international law and the purposes and principles of the Charter of the United Nations. This year’s draft resolution includes a few small updates, specifically in paragraphs 7 and 11, The draft resolution also contains a newly introduced paragraph, that is, paragraph 9. After two rounds of informal consultations in person and having received text proposals in writing, we believe that we have presented a draft resolution that reflects the various views that were expressed. From the beginning, it has been our intent to present a draft text that can count on the broadest possible support of the United Nations membership, and I thank all Member States for contributing to achieving that. I would also like to particularly thank all the States that have been able to sponsor this draft resolution. Significantly, and in conclusion, I would now like to present the draft resolution to the General Assembly for adoption, and I very much hope to count on the valuable support of Member States for this very important and relevant draft resolution.
I now give the floor to the representative of the European Union, in its capacity as observer.
Mr. Marquardt European Union #107355
I have the honour to speak on behalf of the European Union (EU) and its member States. The candidate countries Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, as well as Andorra and San Marino, align themselves with this statement. Let me start by thanking President Tomoko Akane for presenting the report of the International Criminal Court (see A/79/198) and by congratulating her, the Vice- Presidents, the newly appointed judges and the new President of the Assembly of State Parties, Ms. Päivi Kaukoranta, on their appointments. We would like to affirm our steadfast support for the work of the International Criminal Court (ICC) and of the Rome Statute system. The European Union and its member States recognize the Court’s central role and achievements in the fight against impunity at the international level. We commend the unabated efforts and the significant progress in the work of the Court over the past year, particularly at a time of an increased workload and a challenging operational environment. The commitment of the EU to supporting the Court is notably illustrated by the agreement between the EU and the Court on cooperation and assistance, which was already concluded in 2006, and on which basis we have a standing cooperation between our respective services. The list of judicial and prosecutorial activities detailed in the ICC report is remarkable and confirms the need for accountability around the world and the key role that the Court plays in that respect. At the same time, the more the Court strives to carry out its mandate independently and impartially, the greater the threats, intimidation and pressure against it. The European Union and its member States condemn any attacks or threats against the Court, its Prosecutor, judges and personnel as unacceptable attempts at influencing their actions and the Court’s independent and objective investigations and impartial judicial proceedings. The Court pursues no political objective. It has no agenda other than to deliver justice for victims. That is why it must be protected from external interference and pressure. We will continue to protect the ICC from attacks and actions intended to destabilize its judicial activity and to discredit it. To become truly effective, the ICC must become truly universal. We congratulate Armenia on having ratified the Rome Statute on 14 November 2023, becoming the 124th State party. We also warmly welcome the deposit by Ukraine of its instrument of ratification of the Rome Statute this past Friday. That is one further step towards the universalization of the Statute, and it also reflects a commitment of Ukraine under its Association Agreement with the EU and its member States. We encourage all States that have not yet done so to ratify the Rome Statute. The ICC remains reliant on the firm support of its 124 — soon to be 125 — States parties in order to operate effectively and safely. We call on all States to follow up on their obligations to cooperate with the Court in order to put an end to impunity for the gravest international crimes. Equally, we call on the Security Council to refrain from using the right of veto in cases of mass atrocities and to use its right of referral. At the heart of all efforts in pursuit of truth, justice and accountability stand the victims and the survivors. We encourage the States parties and others to continue to support the Trust Fund for Victims in its important work in that regard and to similarly support the Court’s survivor-centred approach to accountability for sexual and gender-based crimes. The ICC remains a court of last resort. Complementarity of jurisdiction is at the core of the ICC’s mandate. States have the primary responsibility to investigate and prosecute serious international crimes. It is important to build solid national structures that are able to address those crimes effectively. Now more than ever, we need to stand by the rules, norms and institutions that prioritize the peaceful settlement of disputes and justice. The ICC is a pillar of that international legal order. In conclusion, the European Union and its member States reiterate their resolute commitment to the Court and will continue to support it politically, diplomatically and financially.
Let me thank Judge Tomoko Akane, President of the International Criminal Court, for the presentation of her report, contained in document A/79/198, which provides an update on the activities of the International Criminal Court during the past year. We appreciate and take note of the information and the cases presented, as well as the preliminary examinations and new investigations carried out by the Office of the Prosecutor. We welcome the fact that the membership of the International Criminal Court will increase to 125 States parties. We congratulate Ukraine on its ratification of the Rome Statute. Guatemala reaffirms its unequivocal support for the International Criminal Court, as well as its commitment to the fight against impunity, since the Court plays a fundamental role within the international justice system in putting an end to impunity for crimes against humanity, war crimes, crimes of aggression and genocide. Proof of my delegation’s support for the Court is the fact that, as every year, we are among the main sponsors of draft resolution A/79/L.8, on the report of the International Criminal Court, which we will adopt at the end of the debate. Likewise, as a sign of Guatemala’s commitment and support to the International Criminal Court, we have assumed the responsibility for facilitating the Working Group on the Programme Budget in The Hague through constructive dialogue so as to provide the appropriate resources that the Court requires to fulfil its mandate, thereby enabling it to strengthen its effectiveness and sustainability in exercising its jurisdiction. My delegation welcomes the support and cooperation between the United Nations and the International Criminal Court, not only because that strengthens the dialogue and relationship between both entities, but also because it helps to give visibility to the vital work of the International Criminal Court. That provides an opportunity to strengthen its authority and learn more about its mandate and the importance of cooperation among States. Guatemala reiterates its call for respect for the principle of complementarity and its subsidiary nature in order to ensure accountability, which is a fundamental pillar of the Statute and a guiding principle of the Court’s actions. As we have stated previously, the International Criminal Court does not replace national courts, since national criminal jurisdictions have primacy in and responsibility for investigating and prosecuting those responsible for the crimes covered by the Statute. We therefore believe that it is necessary to improve cooperation between the Court and the Security Council in order to help to prevent crimes that undermine international peace and security and strengthen efforts to combat impunity for such acts. Furthermore, it is appropriate to have regular exchanges between the Council and the Court in addition to the briefings on referred situations. As a State party to the Rome Statute, we acknowledge the complementary role of the International Criminal Court in the suppression of serious crimes of international concern as the cornerstone of the international criminal justice system. We believe that the strong commitment, support and cooperation of States parties are crucial to enhancing the Court’s capacity to ensure timely accountability for crimes, deliver justice and provide redress to victims, as well as help to prevent future crimes, as provided for through the spirit of its Statute. The States parties and the membership of the United Nations should strive to strengthen their cooperation and continually reaffirm the relevance and importance of international criminal justice in ensuring the rule of law, peace and international security. The fight against impunity is an objective of the States parties to the Rome Statute, but that objective must be matched by a commitment to providing the Court with the necessary resources to carry out its functions in order to protect its integrity and independence. The lack of such resources may jeopardize the sustainability of its work. My delegation expresses its concern over the recent threats to the integrity and independence of the International Criminal Court, its judges and staff, including cyberattacks against its systems. The integrity and the political and functional independence of the Court must be preserved. We call for increased support for achieving a universal regime. Each step towards universality will significantly reduce the risk of impunity and help to strengthen peace and the stability of States. We must therefore continue to promote the universal dimension of the Rome Statute by maintaining the momentum for the ratification and accession process, since universal ratification will ensure that no individual is above the law. In conclusion, we urge all Member States to support the draft resolution presented today. Its adoption will reflect the endorsement and the strong and steadfast support that the Court requires from the international community to carry out its mandate.
Mr. Rakovec SVN Slovenia on behalf of European Union and would like to add the following remarks in its national capacity #107357
Slovenia fully aligns itself with the statement delivered on behalf of the European Union and would like to add the following remarks in its national capacity. I would like to begin by thanking Her Excellency Judge Tomoko Akane, President of the International Criminal Court (ICC), for the report (see A/79/198). I would also like to congratulate the new judges, the President of the Court and the President of the Assembly of States Parties on their appointment. Slovenia welcomes the notable progress in the activities of the Court, which reflects the increased workload in a number of situations across different regions. That is proof that justice is being served or is in the process of being served, which reinforces the ICC’s position as the central institution in the fight against impunity for international crimes worldwide. We commend the Court’s efforts to independently and impartially investigate grounds for accountability of perpetrators of the most serious crimes of concern to the wider international community under international law. We welcome the progress in judicial proceedings and the ongoing commitment to progress in the various activities of the Court. For some, the judicial activities are undesirable, and the Court faces challenges and attempts to discredit it. The ICC is the guardian of the rule of law, ensuring that the law applies equally to all. It is essential that States parties to the Rome Statute make consistent and timely efforts to protect the integrity of the Court and enable it to fulfil its mandate and expectations, including by providing the necessary resources for the Court to operate efficiently. It is of the utmost importance to protect the Court, its elected officials, its staff and those who cooperate with it from any threats, intimidation or acts that would impede the Court’s functioning. To emphasize that, a cross-regional group of 94 States parties adopted a statement in support of the Court in June this year. The activities of the ICC are complementary to the primary responsibility of States to investigate and prosecute the perpetrators of atrocity crimes. The ICC is a bulwark of the foundations of international peace and security. In order to fulfil its mandate, the ICC relies on the active engagement and full cooperation of the States parties, for which that is a treaty obligation. Furthermore, the ICC benefits from the cooperation of other stakeholders that pursue common goals in the global fight against impunity. Such cooperation can take various forms, and past experience has demonstrated that respectful and constructive dialogue and cooperation are possible and in the mutual interest of all. In order to bolster international legal cooperation in the investigation and prosecution of atrocity crimes and to enhance national capacities, the Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and Other International Crimes was adopted in May 2023. Slovenia encourages Member States that have not yet signed the Ljubljana-The Hague Convention to consider signing and ratifying it so as to facilitate their effective and efficient cooperation and mutual legal assistance. Furthermore, Slovenia welcomes the continued cooperation between the United Nations and the ICC. It also encourages the increased use of accountability tools, such as referrals to the ICC, the follow-up by the Security Council to cases of non- cooperation regularly reported by the Court in the situations referred by the Council, the adoption of measures to promote the cooperation of States and refraining from the use of the right of veto in cases of mass atrocities. We commend the progress made in providing reparations to victims of atrocities, both in judicial proceedings and through the activities of the Trust Fund for Victims. It is of the utmost importance for victims and for justice in general to ensure the participation of victims in the early stages of proceedings and to bring these proceedings to a prompt conclusion. Slovenia calls on the States parties, as well as on other States and stakeholders, to contribute to the reparations and other programmes to the benefit of the growing number of victims. In conclusion, Slovenia would like to reiterate its commitment to promoting the universality of the Rome Statute and welcomes and congratulates Armenia and Ukraine as new States parties and also welcomes the ratification of the amendments to the Statute by a number of States parties. Slovenia reaffirms its support for the ICC and its role as an independent judicial institution.
Ms. Stavridi GRC Greece on behalf of European Union and its member States #107358
My delegation would like to align itself with the statement delivered on behalf of the European Union and its member States. We would also like to seize this opportunity to state the following in our national capacity. At the outset, we would like to congratulate Judge Tomoko Akane on her election as President of the International Criminal Court (ICC) and thank her for the presentation of the annual report of the ICC (see A/79/198). We note with satisfaction that, despite the considerable difficulties and serious operational challenges, the reporting period has been very fruitful and was marked by intense activity and significant progress in the judicial and investigative work of the Court. We also welcome the important developments regarding reparation proceedings and the implementation of reparation orders by the Trust Fund for Victims. We would like therefore to commend the Court, its officials and its staff for their dedication and resilience in a period in which the international rules-based order is being severely tested, and the need for justice and accountability throughout the world is more urgent than ever. We also note with appreciation the crucial and multifaceted cooperation extended to the Court by the United Nations and their invaluable support of the work of the Court in situation countries. We would like, however, to reiterate the need for an active and effective follow-up to Security Council referrals in order to, inter alia, ensure the execution of the arrest warrants issued by the Court, some of which have been pending for many years. My delegation would like to condemn in the strongest terms any attacks, as well as any attempts to exert pressure, on the Court and influence its work. We believe that the Court should be left to fulfil its mandate impartially, unhampered by intimidation and external interference. For our part, we renew our commitment to preserving the integrity of the Court and defending its independence. The establishment of the ICC constitutes undoubtedly a major achievement of the international community in the fight against impunity for the most horrendous international crimes. However, there are regions of the world that still remain outside its jurisdictional reach, and many victims of such crimes are still denied their rights to justice and accountability. My country, together with its partners in the European Union, is committed to promoting the universal character of the Court. In this respect, we were pleased to welcome Armenia in the family of States parties to the Rome Statute. We also welcome the recent ratification by Ukraine of the Rome Statute and call upon all other States that have not done so to consider adhering to it.
I have the honour to speak on behalf of the five Nordic countries: Denmark, Iceland, Norway, Sweden and my own country, Finland. We thank the President of the International Criminal Court (ICC), Judge Tomoko Akane, for being with us today and presenting the annual report of the ICC (see A/79/198) to the General Assembly. The United Nations and the ICC are both critical to preserving international rule of law. The ICC has jurisdiction over the most serious international crimes, namely, the crime of genocide, war crimes, crimes against humanity and the crime of aggression. These crimes can be so serious that they threaten international peace and security, so egregious that criminal responsibility has to be pursued also at the international level. The ICC is a court of last resort. It does not replace national judicial systems but strengthens and complements them. The ICC steps in only when necessary, when the national judicial systems are unable or unwilling to investigate and prosecute. Since its establishment, the ICC has made an invaluable contribution to international law. In an ideal world, the ICC would no longer be needed. Regrettably, its high workload echoes the record number of violent conflicts around the world since the end of the cold war and the continuing prevalence of serious violations of international law. The Rome Statute reinforces the Charter of the United Nations, and the ICC has thus a special relationship with the United Nations. The Rome Statute was negotiated under the auspices of the United Nations, following the recommendations of the International Law Commission. The Security Council was given special power to refer situations to the ICC. We encourage the Security Council to use this power more often when facts on the ground so warrant. Furthermore, we encourage the permanent members of the Council to refrain from using the veto in situations in which there are clear and credible indications of genocide, war crimes, crimes against humanity or aggression. We would also like to reiterate our call to the General Assembly to enable the United Nations to share the financial burden with respect to the situations the Security Council has referred to the ICC. The ICC is the only permanent international criminal court with a global mandate. There are now more than 120 States parties to the Rome Statute, representing almost two thirds of United Nations Member States. Since the most report to the Assembly by the President of the Court (see A/78/PV.21), Armenia has joined the ICC, and Ukraine has deposited its instrument of ratification of the Rome Statute. We salute both countries for taking this important step towards strengthening international justice. The universality of the ICC’s jurisdiction is central to ensuring accountability for the most serious crimes, and we encourage all non-States parties to consider ratifying the Rome Statute as a matter of urgency. The Nordic countries would like to take this opportunity to stress the importance of cooperation with the ICC. Under the Rome Statute, States parties are obliged to cooperate fully with the Court and comply with requests from the Court for arrest and surrender. The ICC’s ability to fulfil its mandate is dependent on States meeting their cooperation obligations, including in the execution of arrest warrants. All States, whether parties to the Rome Statute or not, can cooperate with the ICC, and we encourage all to do so. Cooperation has many forms, from information-sharing and the execution of arrest warrants to the relocation of witnesses and the enforcement of sentences. At the heart of the Rome Statute is a promise to deliver justice for the victims of the most serious crimes under international law. The importance of the ICC is not limited to its central role in the international legal ecosystem upholding the rule of law globally. The ICC also serves as an avenue for justice for those who have suffered unimaginable atrocities. The reparations to victims ordered by the ICC are an important recognition of the suffering endured. The Nordic countries are long- standing supporters of the Trust Fund for Victims and its efforts to provide redress to victims of atrocities. The Nordic countries stand by the ICC as an independent and impartial court of law. We reiterate our full commitment to supporting the ICC and to preserving its integrity from any attacks, threats or pressure against the Court, its officials and staff, as well as those cooperating with it. The independence of judicial institutions is a fundamental component of the rule of law and must be safeguarded at all times. The ICC must be allowed to carry out its mandate without fear or favour. We call on all States to respect the independence and impartiality of the ICC. Any threats or attacks against the Court, its personnel or those cooperating with it are unacceptable. The protection of those cooperating with the ICC extends to civil society representatives who furnish the Court with evidence and information. Human rights defenders around the world are often the first to alarm us of atrocities unfolding in their regions. In closing, the Nordic countries reiterate their unwavering commitment and support to the ICC.
I have the honour to deliver this statement on behalf of the African States parties to the Rome Statute of the International Criminal Court (ICC). The ICC was created in 1998, with the legitimate ambition to bring to justice the perpetrators of the most serious crimes that affect the entire international community, and above all to contribute to the prevention of such crimes. In this regard, the Court has made a significant contribution to the global fight against impunity, as laid out in the report of the International Criminal Court on its activities in the current reporting period (see A/79/198), as presented this morning by the President of the ICC, Judge Akane. African States parties attach great importance to the work of the ICC, as an independent and impartial judicial institution. We reaffirm our unwavering support and commitment to combating impunity for the most serious crimes of concern to the international community. Prosecutorial and judicial independence is one of the key components of the rule of law. We call on States to respect the independence and impartiality of the International Criminal Court. The African States parties reiterate their firm commitment to upholding and defending the principles and values enshrined in the Rome Statute and to preserving the Court’s integrity, undeterred by any threats or measures against the Court, its officials and those cooperating with it. We stress the importance of ensuring that justice is applied equally to all situations under consideration by the Court, including in the allocations of resources across all cases. Therefore, we continue to encourage all States parties when allocating resources to the Court to ensure that the core activities of the Court are funded through the regular budget with allocation to all sections of the Court, in order to support its activities in all situations and investigations. Victims are at the core of the Rome Statute system. All victims, no matter where they come from, deserve equal access to impartial justice. We welcome and support the important work of the Trust Fund for Victims. The Court’s report under consideration indicates that, during the current reporting cycle, the Trust Fund for Victims finalized the implementation of reparations in the case of The Prosecutor v. Germain Katanga and is also implementing other reparation orders and other programmes to benefit victims through the provision of medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities, directly benefiting approximately 24,000 individuals in 2023 and 2024. The African States parties call on States that are able to do so to consider contributing to the Trust Fund for Victims to support its important activities. The African States parties remain convinced that a peaceful world and justice for all are achievable. We believe that the fight against impunity and the rule of law must be a universal mission to be carried out by the international community as a whole. We recognize the role of the ICC as the world’s first and only permanent international criminal court and as an integral part of the multilateral architecture upholding the rule of law. The principle of complementarity is at the heart of the Rome Statute. The African States parties support the ongoing efforts by the Court and within the Assembly of States Parties to promote this principle, which is the backbone of the Rome Statute system. Working towards enhancing complementarity by strengthening the capacity of national judicial systems to deal with the most serious crimes is key to achieving accountability. Indeed, the primary responsibility for investigating and prosecuting crimes under the Rome Statute rests with States. The ICC is a court of last resort and steps in only when States are unwilling or unable to genuinely conduct national proceedings. Allow me to recall that the African States parties played a key role in the establishment of the ICC and have continued to participate actively over the past 25 years in various aspects of the Court’s work, including in the context of the Assembly of States Parties and through cooperation with the Court in the implementation of its mandate. We firmly believe that those who commit atrocity crimes, anywhere in the world, must be held accountable. The African States parties constitute the largest regional group within the Assembly of States Parties. We are committed to the universality of the Rome Statute and believe that increasing the number of States parties will ensure access to justice for victims from all geographical regions of the world. We therefore appeal and call on all States that have not yet ratified the Rome Statute to consider signing and ratifying the Statute. The universal ratification of the Rome Statute and the incorporation of those norms into the domestic law of States must be a reality if all victims around the world are to have a chance to obtain justice. The cooperation of Member States, the United Nations and related entities with other intergovernmental and civil society organizations is essential for the Court to fulfil its mandate. The African States parties stand ready to continue dialogue with the Court on ways to strengthen cooperation between our regional group and the Court. In this connection, we welcome the Court’s efforts to develop its interaction with the African Union, including through participation by the Deputy Prosecutor, Mame Mandiaye Niang, in the thirty-seventh African Union Summit, in February.
Mr. Zukal CZE Czechia on behalf of Union and its member States #107361
It is my pleasure to address the General Assembly on this day, which happens to be the national day of the Czech Republic. I have the honour to speak on behalf of three countries today belonging to the Slavkov format: Austria, the Czech Republic and Slovakia. We fully align ourselves with the statement made by the representative of the European Union on behalf of the Union and its member States. I would like to start by expressing our thanks to Judge Tomoko Akane, the President of the International Criminal Court (ICC), for presenting the most recent report of the ICC (see A/79/198) and for assuming the leadership of the Court. It is satisfactory to see that the number of States parties is growing. We would like to congratulate Armenia on its ratification of the Rome Statute almost a year ago, and we welcome the fact that Ukraine will soon become a State party as well. The current number of States parties represents an overwhelming majority of United Nations Member States. It is an important figure that highlights the overall support for the Court, as well as recognition of its mandate, which embraces the very purpose of the United Nations. It goes without saying that any threats and attacks against the Court, its elected officials, its personnel and all those cooperating with it must be condemned, and its security must be preserved. The present report clearly shows that the ICC is steadily progressing in all areas of its work. The ICC is a court of last resort based on the principle of complementarity. Its heavy workload serves as evidence of its irreplaceable position in the fight against impunity for crimes under international law. At the same time, its close cooperation with all stakeholders active in the system of the rule of law is vital in order to support accountability efforts. The policy on complementarity and cooperation, launched by the Office of the Prosecutor, is one meaningful example of deepening the engagement with national authorities and other stakeholders in situation countries. By creating synergies of cooperation, both the national criminal systems and the Court will benefit. Those active in the area of international criminal justice frequently face similar obstacles and problems. Therefore, it is essential to build adequate partnerships in order to enhance the effectiveness of the whole system to which the United Nations system also contributes. In this regard, we acknowledge the essential cooperation of the numerous parts of the United Nations system based on the Relationship Agreement between the United Nations and the International Criminal Court. With respect to the Security Council, we see greater potential for enhancing its relationship with the Court, for instance by effectively following up on the Court’s activities resulting from the exercise of the referral prerogative of the Council. We could not conclude without mentioning victims. The Trust Fund for Victims is an essential component of the Rome Statute system, repairing the harm of victims and survivors resulting from the crimes within the ICC’s jurisdiction. We are convinced that supporting its activities provides further means of assisting the Court in fulfilling its mandate.
Mr. Tammsaar EST Estonia on behalf of its member States #107362
I have the honour to speak on behalf of the three Baltic States: Latvia, Lithuania and my own country, Estonia. The Baltic States align themselves with the statement made by the European Union on behalf of its member States. First of all, we would like to congratulate the six new judges, the President of the International Criminal Court (ICC) and Vice-Presidents of the ICC on their elections. We wish them every success in their important work. The Baltic States stress the invaluable role of the ICC in combating impunity for the most serious crimes that concern the international community as a whole and in maintaining peace and security. We note that the activities of the ICC concern different regions around the world, and its report (see A/79/198) presents a comprehensive overview of its efforts during the reporting period. We fully endorse the ICC’s efforts to ensure independent and effective investigations into international crimes, including those committed by Russian forces and authorities. We commend the continued efforts of the ICC regarding the investigation of the situation in Ukraine and for issuing six arrest warrants, including against Vladimir Putin. We urge the ICC to persist in bringing the perpetrators of war crimes and crimes against humanity committed in Ukraine to justice. The Baltic States support Ukraine in establishing a special tribunal for the crime of aggression against Ukraine, and it remains high on the agenda for our Governments. We believe that the tribunal should enjoy broad cross-regional support to guarantee its legitimacy. Moreover, to maintain a multilateral world order based on international law and the principles of the Charter of the United Nations, it is important that the tribunal can ensure the accountability of Russian political and military leadership. The success of the ICC in fulfilling its mandate is heavily dependent on the cooperation of its States parties. As indicated in the report, there are currently 20 arrest warrants that should be executed. All States parties must fully support and engage with the ICC and comply with the obligation to cooperate and thus to execute the arrest warrants. We regret that there have been cases of non-compliance with such obligation, which have seriously undermined the ICC’s ability to fulfil its mandate. Moreover, we should avoid unnecessary contacts with persons who are the subject of arrest warrants or summonses issued by the ICC. The Trust Fund for Victims plays a crucial role in delivering justice to victims, their families and their communities in implementing the ICC’s reparation orders. We have consistently contributed financially to the Fund, and we encourage all States and stakeholders to do the same so that it can fully implement its mandate. It is important that the Rome Statute become a truly universal instrument to increase its effectiveness in the global fight against impunity. We call upon all States that have not yet done so to ratify the Rome Statute and its amendments, including the amendments on the crime of aggression. Similarly, we support the ongoing process of amending the Rome Statute, with a view to giving the Court the same jurisdiction for the crime of aggression as for the other three categories of international crimes. The Baltic States warmly welcome Armenia as the 124th State party to the Rome Statute and look forward to Ukraine soon becoming the 125th State party, after depositing its instrument of ratification. The ICC should be able to fulfil its mandate independently and impartially without any outside threat, interference or pressure. We deplore all activities and attempts to hinder the ICC’s work, be they cyberattacks, the imposition of sanctions or threats of their implementation, or the issuing of arrest warrants against the judges, prosecutors or personnel of the ICC, as they infringe on the independence and impartiality of the Court. The States parties to the Rome Statute should stay united in their unwavering support for the ICC. Once again, the Baltic States call on the Security Council to use their prerogative of referring situations of mass atrocities to the ICC and to refrain from using a veto in those situations. We recall that the Charter of the United Nations provides the Security Council a particular responsibility to maintain peace and security. Finally, we welcome the referral by Lithuania to the ICC, requesting the Office of the Prosecutor to investigate alleged crimes against humanity committed in the Republic of Belarus. The time is ripe to take a decisive step to prosecute the perpetrators of international crimes. We need to make sure that justice will be ensured and international law will prevail.
Mr. Mohamed Laghdaf MRT Mauritania on behalf of Group of Arab States [Arabic] #107363
I am delivering the following statement on behalf of the Group of Arab States. We are meeting today at an extraordinary historical juncture. Arab peoples in the Occupied Palestinian Territory, Lebanon and Syria endure wanton Israeli aggression that destroys all that comes in its way. A glance at the humanitarian plight in Gaza shows that the occupation forces have systematically targeted defenceless civilians at scale, including women, children and older people. They have destroyed civilian facilities with unprecedented barbarity and with complete disregard for the sanctity of places of worship and hospitals. These international crimes require accountability under international law. The crimes perpetrated by the Israeli killing machinery can be qualified only as acts that amount to genocide. Israeli occupation leaders and soldiers have admitted to this. They have boasted about starving, killing and displacing Palestinians and destroying their hospitals and places of worship. They have even called for the shelling of Gaza with nuclear weapons. While the world’s eyes are focused on the bloodshed in Gaza, Israel, as the occupying Power, has pursued its crimes against Palestinians and occupied Jerusalem and across the West Bank, in violation of international law, mainly international humanitarian law and international human rights law. In Lebanon, the Israeli aggression has engulfed the south and Beirut, targeting civilians in complete disregard of international humanitarian law and international human rights law. Israel has shelled civilian neighbourhoods and infrastructure and threatened to burn down all that comes in its way. In the meantime, the Israeli occupation of the occupied Arab Golan continues in a flagrant decades-long violation of the Charter of the United Nations and of international law. Israeli attacks continue against densely populated areas and civilian infrastructure in other parts of Syria, including central Damascus. This claimed the lives of several innocent civilians. We urge the International Criminal Court (ICC) to take the required measures, including issuing arrest warrants against Israeli occupation leaders, as the Office of the Prosecutor has concluded that there are reasonable grounds to believe that they committed crimes under the Court’s jurisdiction. The Arab Group calls on the ICC to complete its criminal investigation into war crimes, crimes against humanity, acts of genocide and other international crimes that shock the conscience of humanity. Israel continues to perpetrate these crimes against defenceless Palestinians, including the crimes of settlement; annexation; the aggression on Gaza; the killing of civilians, journalists and paramedics; the forced displacement of Palestinians; torture and the apartheid regime. We call on the ICC to dedicate the required humanitarian and material resources for this investigation, which must be prioritized. We extend our appreciation to the countries that have referred the situation in Palestine to the ICC. We urge countries that uphold redress for victims and reject impunity to refer to the ICC more of such cases in Palestine. As the Israeli occupation perpetrates massacres and wipes out a whole population in total impunity, the Arab Group calls on the international community to hold the Israeli occupation officials accountable for their heinous aggression and barbaric massacres against the Palestinian people, without employing double standards.
Ms. Lungu ROU Romania on behalf of European Union and its member States and wishes to add the following remarks in its national capacity #107364
Romania aligns itself with the statement delivered on behalf of the European Union and its member States and wishes to add the following remarks in its national capacity. Romania confirms its unwavering support for the International Criminal Court (ICC), as part of our long-standing priority to promote the rule of law at the international level. The mission of the ICC — to bring justice in all situations under its consideration and to provide reparation to victims of mass atrocities — remains crucial for international peace and justice. The report of the ICC on its activities in 2023 and 2024 (see A/79/198) speaks for itself in terms of the workload of the Court. Its investigations, covering almost all regions of the world, reflect the necessity of the International Criminal Court as an independent mechanism, meant to consolidate the culture of accountability at the global level and promote meaningful respect for human rights and human dignity. In discharging its mandate, the Court faces numerous challenges of a political, financial and operational nature. The Court also faces increased public attention and sometimes criticism, attesting both to the relevance and success of its work and to the difficult political environment in which it operates. Conflicts around the world seem to have escalated with alarming ferocity in recent years. In such a complex context, the Court needs our support and renewed commitment more than ever. In recent years, the Court and its officials have been subject to increasing threats and attacks, ranging from political pressure to measures triggering security concerns. It is chilling to hear the remarks of the ICC President on how these coercive measures could impact the proper administration of justice. Romania will continue to stand with the Court and defend it from any attempt to undermine its independence and judicial activity. We would like to express our gratitude to the officials working under these circumstances. Cooperation is paramount for the work of the Court. States parties must do everything in their power to ensure such cooperation, including by executing arrest warrants. There is no legal excuse for non-cooperation. In addition, aiming towards the universality of the Rome Statute is another significant contribution to fighting impunity for the most egregious international crimes. We welcome the most recent ratification of the Rome Statute by Ukraine, making it the 125th State party and the twentieth in our region, Eastern Europe. The step taken by Ukraine carries a particular symbolism, considering that Ukraine and the Ukrainian people are victims of crimes under the jurisdiction of the Court. It shows once more the vital importance of the ICC in delivering justice for victims of international crimes and in contributing to the effort of peace. We encourage all States who have not done so to become parties to the Rome Statute, and we hope that the momentum created by the recent ratifications by Armenia and Ukraine will help to carry this positive trend forward. The Review Conference of the Rome Statute of the ICC, held in Kampala, decided to review the amendments on the crime of aggression seven years after the beginning of the Court’s exercise of jurisdiction. As the term comes closer, Romania reiterates its openness to working with other States parties on ways to consolidate the jurisdiction of the Court over crimes of aggression and align it to its jurisdiction over crimes of genocide, crimes against humanity and war crimes. As a last point, I would like to refer to the resolution relating to the report of the International Criminal Court that the General Assembly will adopt after the present debate. We wish to commend the Netherlands once again for conducting open, transparent and inclusive negotiations with all United Nations Member States. This text remains an important expression of our unity in support of the Court and our belief that the Court should be able to carry out its mandate without any interference or intimidation. Romania has co-sponsored draft resolution A/79/L.8 and will vote in favour of it. We hope that a large number of Member States will follow suit, including all States parties. In conclusion, by paraphrasing the opening speech of the late Benjamin Ferencz at Nuremberg, we argue that the case we should all be making in support of the International Criminal Court, its independence and its impartiality is a plea of humanity to law. We must not forget the noble mandate of the Court, which, through its Statute, was directed to affirm by international criminal action the individual’s right to live in peace and dignity, regardless of race or creed.
At a time when international law is severely under constraint, with blatant violations of international humanitarian law, in particular, in ongoing conflicts of international concern, Sierra Leone welcomes the debate on the basis of the 2004 Relationship Agreement between the United Nations and the International Criminal Court (ICC) and the report of the Court, the only permanent international criminal court within our current evolving system of international criminal justice and at the forefront of ensuring accountability and justice for countless victims. Sierra Leone aligns this statement with the statement delivered by the representative of Uganda, on behalf of the African States parties. I take this opportunity to extend a warm welcome to the President of the Court, Judge Tomoko Akane, and to thank her for the introduction of the report contained in document A/79/198. As I commend President Akane and the presidency of the Court for their exemplary leadership, I would like to thank all the Court’s principals across various organs and its officials for their tireless efforts in upholding justice and accountability for the most serious crimes under international law. Their unwavering commitment continues to promote global justice and the fight against impunity. Sierra Leone reiterates its steadfast support for the Court and its crucial role in promoting justice, accountability and the rule of law. We therefore condemn cyberattacks and other attacks, as well as sanctions and the threat of sanctions intended to undermine the Court’s independence, integrity and impartiality and, ultimately, obstruct justice. We decry threats of retaliation against the Court and its officials, as well as acts including espionage and adverse media campaigns directed at the principals of the Court and its officials. We call on all States to respect the Court’s mandate and refrain from any interference that would impede its work. The report under review, covering the period from 1 August 2023 to 31 July 2024, highlights a year of “unprecedented demand for its work in the form of investigations, pretrial proceedings, trials and appeals, as well as reparation programmes for victims”, whereby the Court made “significant contributions to the global fight against impunity for the most serious crimes of concern to the international community as a whole”. Sierra Leone remains deeply encouraged by the judicial and prosecutorial progress made during the year under review. We note with satisfaction the significant developments on reparations in several situations under the Court’s jurisdiction, including in Mali, the State of Palestine, Ukraine and Uganda. In each of these cases, the Court has demonstrated its resolute commitment to holding perpetrators of the gravest crimes accountable, in line with its mandate under the Rome Statute. Sierra Leone notably welcomes the conviction of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes against humanity and war crimes committed in Timbuktu, northern Mali; the issuance of the reparations order in the case of Dominic Ongwen, who previously had been found guilty for crimes against humanity and war crimes committed in northern Uganda; and the historic milestone in the finalized implementation of reparations in the Katanga case by the Trust Fund for Victims. We take note of the three other ongoing trials — of Ali Muhammad Ali Abd-Al-Rahman, with regard to the situation in Darfur; of Alfred Yekatom and Patrice-Edouard Ngaïssonna; and of Mahamat Said Abdel Kani, with regard to the situation in the Central African Republic. We also take note of the confidential and other activities before the Court’s Pre-Trial Chambers, notably, the ICC Prosecutor’s application for warrants of arrest before Pre-Trial Chamber I in the situation in the State of Palestine. Cooperation remains the cornerstone of the effectiveness of the Court and the Rome Statute system. Sierra Leone strongly urges all States parties and non-States parties to extend their full cooperation to the Court, particularly in facilitating investigations and enforcing arrest warrants. As we have consistently emphasized, accountability for the crime of genocide, war crimes and crimes against humanity can be achieved only through robust international cooperation and if States parties comply with their treaty obligations. To achieve effective cooperation in the Rome Statute system, complementarity must remain a key guiding principle, and Sierra Leone encourages all States — States parties and non-States parties alike — to cooperate fully with the Court. Sierra Leone strongly advocates a victim-centred approach in the pursuit of justice and accountability. We believe that victims must be at the heart of the Court’s work. Their voices and needs should guide not only reparations but also broader efforts to bring perpetrators to justice. Sierra Leone fully supports the Trust Fund for Victims and welcomes the historic reparations orders of the Court, which provide essential relief to victims of atrocity crimes. The recent reparations order in the Dominic Ongwen case highlights the importance of addressing victims’ needs. We commend the efforts of the Trust Fund for Victims to deliver medical care, psychological support and socioeconomic assistance to more than 24,000 conflict-affected individuals, as reported. Sierra Leone remains committed to supporting the vital work of the Trust Fund for Victims. Accordingly, the Government of Sierra Leone is pleased to inform the Council of the nomination of Mr. Ibrahim Sorie Yillah for re-election as a member of the Board of Directors of the Trust Fund for the seat allocated to African States, scheduled to be held in The Hague from 2 to 7 December 2024. Mr. Yillah, who is successfully serving as the Vice-Chair of the Board in this historic period, which, among other things, has seen the strengthening of the Trust Fund for Victims, to deliver on its important mandate. He has the requisite competence, qualifications and experience to ensure its continuing valuable contribution to advancing the principles, objectives and purposes of the Trust Fund. We look forward to the support of all States parties in this important re-election bid. In closing, it is important to underscore the relationship between the Court and the United Nations, which is one of mutual reinforcement. Sierra Leone recognizes the critical role that United Nations support plays in advancing the Court’s mission, especially in conflict zones. The logistical and operational assistance provided by the United Nations has been instrumental in the Court’s ability to investigate and prosecute the world’s most egregious crimes. Embodied in the 2004 Relationship Agreement between the United Nations and the International Criminal Court, this partnership remains crucial in the global fight against impunity. As we look to the future, Sierra Leone urges the international community to redouble its support for the Court. The Court’s work is essential to securing justice for victims, upholding the principles of international law and maintaining global peace and security. We must continue to support an impartial and independent ICC in its pursuit of justice, accountability and the rule of law. Sierra Leone reaffirms its commitment to the principles enshrined in the Rome Statute and to the broader international effort to end impunity for the most serious international crimes. We welcome the formal deposit of the instrument of ratification of the Rome Statute by Ukraine. As we welcome the universalization of the Rome Statute, Sierra Leone will remain a strong advocate for the ICC. We have therefore co-sponsored draft resolution A/79/L.8 and call on Member States to provide overwhelming support for this important draft resolution.
Germany fully aligns itself with the statement made by the European Union and would like to make the following remarks in its national capacity. Germany is a staunch supporter of the International Criminal Court (ICC). The Rome Statute and the ICC are core elements in the fight against impunity, to which Germany has subscribed. By joining the Rome Statute, we have all made a commitment: victims shall receive justice, perpetrators shall be held accountable and, when core crimes under international law are committed, the international community will not look the other way. Today, the International Criminal Court — and, with it, the very idea of international criminal justice — is being threatened by sanctions and cyberattacks. These threats require a firm response. One opportunity to do so, in our view, is the forthcoming review of the crime of aggression, which will also provide an occasion for public debate on the need for an international criminal court and an opportunity for renewed backing by States. Allow me to make a few remarks on the forthcoming review of the crime of aggression, which is mandated to take place in 2025. It is the Russian aggression against Ukraine that prompted us to evaluate anew how far we have come with regard to criminalizing aggression and the conditions for the exercise of the ICC’s jurisdiction over this crime. For us, the aggression against Ukraine clearly showed that a gap in the Rome Statute needs to be closed — that is, the accountability gap that we face when a crime of aggression is committed by an actor from a non-State party against a State party. In order to do so and in order to strengthen both international criminal law and the International Criminal Court, we are currently discussing possible ideas and options with the Group of Friends for the Review of the Rome Statute, which now comprises 32 States. Germany invites all States to join this effort. This is a question that concerns the entire international community. We strongly believe that it is of great importance to address this review process in a comprehensive and inclusive manner. The current geopolitical situation requires bold steps to counter threats and breaches of international criminal law. We have seen in Kampala that it is possible to find sound compromise. We hope and are confident that this will also be possible in the forthcoming review process.
Mr. Sawicz POL Poland on behalf of its member States and would like to take this opportunity to raise a few considerations in its national capacity #107367
Poland fully aligns itself with the statement delivered by the representative of the European Union on behalf of its member States and would like to take this opportunity to raise a few considerations in its national capacity. First, we wish to express our sincere gratitude to President Tomoko Akane for presenting the annual report of the International Criminal Court (ICC) for 2023 to 2024 (see A/79/198), which showcases the ICC’s unwavering commitment to justice around the world and its immense work over the past year. We congratulate the President, the Vice-Presidents, the new Judges of the Court and the new President of the Assembly of States Parties on assuming their duties. In the period under review, the world has become even more troubled by conflicts, and the human toll of these conflicts has risen dramatically. To the victims, we owe justice. For this very reason — to hold the perpetrators accountable and to ensure justice for their victims — States adopted the Rome Statute in the first place. To realize this idea, Poland, like other States parties, supports the Court financially and politically while providing operational assistance. We are well aware that without the active involvement of States, the Court could not function. In this context, States parties must stand in solidarity against all attacks and actions aimed at disrupting the judicial activity of the Court. The recent past has furnished plenty of examples of such actions. Unfortunately, more loom on the horizon. Let us do everything in our power to prevent them from coming to pass. Ensuring the security of prosecutors, judges and tribunal staff while enabling them to work in conditions free from threats, pressure and security concerns, remains a major challenge that consumes the Court’s energies and resources. Even so, it is gratifying to note that much has already been accomplished in this area. Effective fulfilment of the Court’s mission is hampered by the slow process of universalization, which is exacerbated by political paralysis in the Security Council, which has long failed to refer any situation to the ICC. It is therefore always encouraging to see the ranks of the Statute’s parties expand to include a new country. Last year we welcomed Armenia, and early next year we hope to welcome Ukraine as well. Ukraine’s accession to the Statute is a long-awaited step in view of the Court’s involvement in the situation of that country. In this context, I would like to inform you that Poland has begun the process of ratifying the amendment to article 124 of the Rome Statute. Russia’s aggression against Ukraine was a reminder of the accountability gap in the Rome Statute, where ICC jurisdiction over the crime of aggression is severely limited. Poland believes that this gap should be closed by equating the jurisdictional regime for the crime of aggression with the regime for the other three crimes: genocide, crimes against humanity and war crimes. This could be achieved simply by removing the current restrictions on the crime of aggression. A good opportunity to amend the currently applicable provisions in this area will be provided by the upcoming review of the Kampala amendments, which awaits States parties in 2025. It would behoove us not to waste this opportunity. At a time when the ICC must deploy its limited resources to cope with a growing volume of investigations and trials, the parties to the Rome Statute have often failed to comply with the Court’s decisions. Unfortunately, we had an example of that yet again recently. Poland would like to stress that it is up to us, the States parties, to set an example for the international community and give proof that the system is needed and effective. In addition to external challenges, the Court has been grappling with internal challenges. While much remains to be done, the Court has shown, in cooperation with States parties, that it is taking effective measures to improve its work. To name a few recent examples, much progress has been made on prioritizing tasks, better allocating resources and bolstering its work ethic. To conclude on a positive note, let me express the conviction that through the joint efforts of States parties, Court personnel, non-governmental organizations and all those who hold dear the idea of international criminal justice, the ICC will overcome the current difficulties and succeed in carrying out its mission — for do so it must, as the world needs peace and international justice now more than ever.
I would like to thank Judge Tomoko Akane for presenting the annual report (see A/79/198) of the International Criminal Court (ICC) to the General Assembly. I would like to congratulate her for her appointment as President of the Court and wish her every success in discharging her duties. I would also like to express my country’s support for the work of the Registry and the Office of the Prosecutor. As the only standing criminal tribunal with universal jurisdiction, the International Criminal Court plays a critical role in combating the impunity of those who commit the most serious international crimes, as well as in ensuring reparation for victims through the Trust Fund for the Victims. However, due to its statutory limitations, the Court cannot address all the situations equally. Ecuador therefore underscores the importance of cooperation with States, without which the Court cannot carry out its duties. We welcome Ukraine’s recent ratification of the Rome Statute, which constitutes another step towards universalization. I also want to highlight that 2025 will provide an opportunity, in compliance with the mandate to review the Kampala amendments to the Rome Statute on the crime of aggression, to broaden the jurisdictional scope of the Court. This step will be crucial to deterring the illegal use of force, as established in the Charter of the United Nations, as well as to prosecuting those responsible for crimes of aggression. My delegation takes note of the progress made in the investigations in Darfur, the State of Palestine and Ukraine, as well as in the status of the preliminary examinations in Nigeria, Venezuela and the Democratic Republic of the Congo. Ecuador encourages the Prosecutor to continue to move these processes forward. The relationship between the Court and the Security Council is critical for the maintenance of international peace and security. Their complementarity of their mandates is evident in the Council’s power to refer cases to the Court, as well as to enforce sanctions regimes. Similarly, cooperation between the United Nations and the Court is — and will continue to be — crucial. Ecuador grants particular importance to the principle of complementarity, according to which States parties have the primary responsibility to prosecute those responsible for international crimes. That is why I am pleased to note the entry into force in May of the Organic Law on Cooperation between the State of Ecuador and the International Criminal Court. This Law establishes a clear legal framework for cooperation between Ecuador and the Court, in accordance with the provisions of the Rome Statute and its complementary regulations. The Law also includes provisions on exchanging information and obtaining evidence, as well as on arrests, the delivery of suspects and enforcement of the Court’s rulings. Likewise, it establishes responsibilities in specific State bodies, as well as assistance and cooperation procedures to facilitate the investigation and prosecution of crimes against humanity, genocide, war crimes and crimes of aggression. In response to challenges to the Court that are driven by short-term interests and could undermine its functioning, Ecuador reaffirms its support for the Court’s mandate and reiterates its condemnation of any attempt to affect the Court’s independence. The threats and attacks against the Court’s officials and judges, as well as the cyberattack that took place against its computer systems during the period covered by the report, are all unacceptable. In closing, Ecuador reiterates its conviction that the International Criminal Court plays a key role in preventing impunity and helping to impose sanctions on those responsible for international crimes.
South Africa aligns itself with the statement delivered by the representative of Uganda on behalf of the African States parties to the International Criminal Court (ICC). South Africa thanks the Secretary-General and the President of the Court for the informative report on the work of the International Criminal Court in 2023 and 2024 (see A/79/198). The ICC remains a beacon of hope for victims of atrocities and a cornerstone in our collective effort to end impunity for the most heinous crimes under international law. We congratulate Armenia and Ukraine on their recent accession to the Rome Statute. This brings the Rome Statute a step closer to universal ratification. We welcome the Court’s resilience in dealing with its growing workload amid unprecedented challenges to its operations. The increase in cases from different parts of the world reflects the heightened need for international justice. Moreover, we are pleased that the Court is continuing to adopt the use of technologies to strengthen and streamline its work. South Africa emphasizes the importance of the ICC remaining impartial and independent. The Court must operate free from political interference and external pressure in order to dispense justice in an equitable and impartial manner. These actions undermine the rule of law and the credibility of international justice, and we stand with States parties in defence of the ICC’s independence. As we have done before, we strongly condemn all forms of attacks against the Court or its officials, whether cyberattacks or direct threats, and urge all States parties to safeguard the ICC in pursuit of fulfilling its mandate. South Africa is gravely concerned about the delayed justice in the situation in Palestine. Victims of atrocity crimes in the occupied Palestinian territory have for far too long been waiting for accountability and an end to their continued suffering, which stains the conscience of humanity. The unusual procedural step permitting rule 103 observations in respect of the issuance of warrants of arrest in the situation in Palestine at the article 58 stage risks further delaying accountability and justice. We reiterate our call for the Court to employ a balanced approach to cases and to accelerate its work, especially with regard to the situation in the State of Palestine, in the face of Israel’s enduring genocidal campaign against the Palestinian people. We call for the urgent allocation of more resources to the situation in Palestine, with a view to ensuring that effective justice is dispensed without further delay. In conclusion, South Africa welcomes the continuous efforts of the Trust Fund for Victims to provide reparations and support to victims. The ICC’s success cannot only be measured by prosecutions, but also by how it restores the dignity of survivors and communities affected by heinous crimes. We call on States parties to strengthen support for the Court. The Court must remain an institution capable of delivering justice to victims while holding accountable those responsible for core crimes within the ambit of the Rome Statute.
Mr. Kirk IRL Ireland on behalf of European Union and its member States #107370
Ireland aligns itself with the statement made earlier on behalf of the European Union and its member States. Ireland thanks President Akane on the occasion of her first report (see A/79/198) to the General Assembly on the important work of the International Criminal Court (ICC). We congratulate her on assuming her presidency this year, alongside the six new judges who have begun their terms. We wish them every success throughout their tenure. It is clear that they begin their work during a pivotal moment for the ICC. Regretfully, we are receiving this report at a time when conflict in the Middle East, Europe and elsewhere seems to be inexorable and the pleas of victims are drowned out by the sound of incessant violence. The world has never been more in need of the ICC’s mandate to end impunity for the most serious crimes known to humanity. The activity outlined in today’s report is a testament to this reality. Ireland notes that the considerable workload of the last number of years has continued throughout this reporting period. During this time, the Court delivered its eleventh conviction and made progress in three other trials. This is in addition to the considerable investigative activities undertaken and significant policy papers adopted. This activity is both a sign of a maturing Court and of the increased demand for global justice. Ireland believes that an independent and impartial International Criminal Court is essential to preserving the rule of law and pursuing accountability for victims, no matter where they are located or who the perpetrators are. We urge States to support the Court without fear or favour and to avoid placing political interests above the universal principle of justice. A crucial element of support is cooperation with the ICC. As a court of last resort, the ICC depends on States to assist it in its investigations and to implement many of its decisions. This is especially true when it comes to the execution of arrest warrants. We call on all States parties to adhere to their obligations under the Rome Statute to cooperate with the Court. Such cooperation is essential in order for the Rome Statute framework to function. Support for the ICC is also required if we are to protect the Court against increasing attacks by those who disagree with the exercise of its mandate. Sadly, the Court now faces potential threats that pose an existential risk to all of its operations and could halt every single one of its investigations. Such coercion is contrary to the rule of law and betrays the hopes of victims. Ireland strongly condemns any threat or attack against the Court, its officials and those who cooperate with it. Ireland welcomes the many instances of cooperation between the ICC and the United Nations highlighted in the present report, especially continued operational assistance in the field. Both institutions have important and complementary roles to play in the pursuit of peace and justice globally. We believe that there is still much scope for improvement in this pivotal relationship, especially between the ICC and the Security Council. Ireland encourages the Council to take a more consistent approach to ICC referrals and to the provision of support to existing referrals. We support reform of the Council veto, along the lines of the French/Mexican initiative and the code of conduct of the Accountability, Coherence and Transparency Group, so that the veto can no longer be utilized with respect to situations of atrocity crimes. Real justice cannot be achieved without the meaningful participation of those most affected by the crimes being prosecuted. Victims have always been at the heart of the Rome Statute framework. The Trust Fund for Victims is, for many affected communities, the most potent and visible presence of the Court in their lives. Its high level of activity with regard to reparations sends a positive signal to victims. We congratulate the Trust Fund on achieving a new milestone by completing its first reparations programme in the Katanga case. These programmes are essential to promoting healing among those who have suffered the most appalling atrocities, thus contributing to lasting peace and stability in the affected regions. As a long-standing contributor to the Trust Fund for Victims, Ireland encourages all States to consider supporting its work, especially as the need to fund reparation awards increases in the coming years. Ireland believes that realizing the full promise of the Rome Statute lies in the achievement of its universal status. Despite ongoing challenges, this promise is still compelling. We see this in the recent growth in the Court’s membership, as we welcome Armenia as the 124th State party and commend Ukraine for recently depositing its instrument of ratification. We hope that their efforts inspire more States to join the world’s first permanent court to prosecute international crimes so that, together, we can end impunity.
The Plurinational State of Bolivia would like to thank the President of the International Criminal Court (ICC) for introducing her report (see A/79/198), which contains a detailed summary of the Court’s work in the current period. Bolivia acknowledges the important work done by the International Criminal Court in defence of victims and in the quest for truth and justice for those who have suffered the most serious atrocities. In this context, my country joins the call to strengthen cooperation with the United Nations and its Member States, with a view to ensuring that the Court can comply with its mandate, as set out in the Rome Statute. Justice is a right of all individuals and peoples by virtue of being human. As a result, the actions and decisions of the Court must be free from any possibility of politicization or geopolitical calculations. The States parties are duty-bound to protect the integrity of the Court and must always be vigilant to ensure that the main mandate of delivering justice is fully discharged. Bolivia, constitutionally a pacifist State, reaffirms its commitment to justice and international law and, in this framework, its commitment to cooperating with the International Criminal Court in furtherance of its mandate to try those responsible for the most serious crimes affecting humankind, such as genocide, war crimes, crimes against humanity and crimes of aggression. In this context, we support all initiatives aimed at strengthening the Court and increasing representation in its structure, with a fairer geographical distribution that reflects the diversity of our world, in order to strengthen its legitimacy, including a greater presence of traditionally underrepresented regions, such as Latin America and the Caribbean. Given the context in which humankind currently finds itself, I cannot conclude without referring to the genocide taking place at this very moment against the Palestinian people in Gaza. According to the most recent reports, more than 42,718 have been killed, 70 per cent of whom were women and children, and more than 233 were members of the United Nations Relief and Works Agency for Palestine Refugees in the Near East. Israel’s serious crime committed must stop, and we urge the International Criminal Court to speed up investigations to identify, try and punish those responsible for these crimes. The findings will be conclusive for delivering justice for the victims of these crimes and will contribute to international peace and stability. Lastly, we value the Trust Fund for Victims as we believe it to be a very important fund that will help to provide reparations for the serious crimes that are being committed against humankind. We invite Member States to make contributions to it. In conclusion, the Plurinational State of Bolivia will continue to work to strengthen international criminal justice. In this context, we call upon all States that are not yet party to the Rome Statute to accede to it quickly, and we call on States parties to continue to strengthen the Court by ratifying its main instruments and cooperating with the Court when necessary.
As a State party to the Rome Statute, Mexico renews its commitment to the International Criminal Court (ICC) and reiterates the Court’s importance for accountability, international criminal justice and the fight against impunity. The Court’s report for this period (see A/79/198) reflects substantive progress in the work of the ICC despite the security and operational challenges that it faces. In particular, Mexico acknowledges the conviction of one defendant, work in three judicial proceedings, as well as progress with regard to reparations. These efforts help to ensure justice for the most serious crimes affecting the international community and show the value of the ICC. We note the conviction of Mr. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, in the context of the situation in Mali. Progress in that judicial process is important, because it includes convictions for both war crimes and crimes against humanity. Mexico takes note of the Court’s conclusion that some sexual crimes were committed in the situation under investigation. We will remain alert to possible follow-ups in this very important aspect. As for reparations, it is crucial to maintain a victim-centred approach. One of the main goals of the Court is precisely to offer justice to people who have suffered atrocity crimes, thus avoiding impunity. That is why we underscore the finalization of the implementation of reparations in the Katanga case in the Democratic Republic of the Congo. We also take note of the largest reparation order issued thus far, corresponding to the case of Dominic Ongwen in Uganda, with a financial liability of more than €52 million. These achievements underscore the importance of the Court’s role not only in accountability, but also in restorative justice. The international community must support the Court’s work and its potential to investigate, prosecute and punish international crimes. Every ICC success is a win for the rule of law at the global level. With this in mind, Mexico, together with Chile, referred the situation of the State of Palestine to the Court and presented an amicus curiae supporting the exercise of the ICC’s jurisdiction over crimes committed in that territory. These actions underscore our conviction that the Court should play a crucial role in situations where international justice is essential for peace and stability. Mexico welcomes the recent accession of new States to the Rome Statute, in particular Armenia and Ukraine. These are important strides towards the universality of the international criminal justice system and also contribute to strengthening the Court’s mandate. Furthermore, we welcome the adoption of renewed policies, specifically the Policy on Complementarity and Cooperation of the Office of the Prosecutor, which strengthens its cooperation with national authorities to improve accountability at the local level. In conclusion, we reiterate our condemnation of all attacks on the Court and their staff. The Court and its officials must carry out their duties free from intimidation. It is unacceptable for an assessment on political preferences to prevail over the delivery of justice. Mexico once again reaffirms its unwavering support for the ICC as a fundamental pillar of the international criminal justice system and as an independent and impartial institution. We will continue to work actively to strengthen the Court, promoting the principles of complementarity and cooperation among States and ensuring that the victims of the most serious crimes receive justice.
Mr. Fournel FRA France on behalf of European Union and its member States [French] #107373
France aligns itself with the statement made on behalf of the European Union and its member States. My delegation would like to thank Judge Tomoko Akane for presenting this year’s annual report (see A/79/198) of the International Criminal Court (ICC) and to congratulate her on her appointment. France also joins the congratulations extended to the six new judges who took office this year. The ICC is the only permanent international criminal court with a universal remit. Its role is to try those accused of the most serious international crimes. Faithful to its long-standing commitment to combating impunity, France will continue to support the crucial work of the ICC to ensure that all perpetrators of crimes are held accountable. This is a priority of France’s diplomacy. The achievements of the Court are numerous, but so are the difficulties that it faces. First, the Court plays a key role in combating impunity at the global level. Through its activities, it demonstrates the determination of the international community to ensure that the most heinous crimes do not go unpunished and that victims obtain justice and reparations. Its universal remit makes it a central pillar of our international legal order. This is why France will continue to work to enable the Court to carry out its mission independently and impartially, and to support the universalization of the Rome Statute. To that end, France congratulates Armenia for joining the States parties to the Statute this year, as well as Ukraine, whose ratification instruments were deposited on Friday. Secondly, the ICC is committed to ensuring that victims obtain fair reparations so that justice reaches the affected communities and contributes to peacebuilding. To this end, France welcomes the work of the Trust Fund for Victims, which implements the reparations orders issued by the Court and provides victims and their families with physical, psychological and material support. That is why France has been providing financial support to the Trust Fund for several years now. Thirdly, the ICC is making ongoing efforts to continually improve the effectiveness of its working methods. France encourages the Court to foster synergies between its various bodies. I would now like to turn to the difficulties mentioned in the report, to which we — as States and, particularly, States parties to the Rome Statute — have a responsibility to respond. There are three such difficulties. First, the cooperation, assistance and the support of States, whether or not they are parties to the Rome Statute, are preconditions for the smooth running of the proceedings before the Court and for their completion. As a co-facilitator for cooperation within the Assembly of States Parties, along with Senegal, France is working to ensure that the ICC enjoys as much cooperation as possible between States and the United Nations in order to carry out its work, in accordance with chapter IX of the ICC Statute. France has continued to lend its full support to all investigations and activities conducted by the Court. It is up to States to facilitate the cooperation of their national authorities with the Court and to create conditions for effective cooperation between their national criminal jurisdictions and the Court, in accordance with the principles of complementarity and independence. Secondly, the Court needs to have the financial means necessary for it to carry out its mandate. Our expectations and those of the victims of what the Court can do are far-reaching. France urges all the States parties to the Rome Statute to pay their mandatory contributions to the Court’s regular budget in the stipulated time frame, fully and without any conditions. In 2024, in addition to its mandatory contribution, France made voluntary contributions to the Court, including €140,000 to the Trust Fund for Victims, in particular for the victims of gender-based and sexual violence; €40,000 to the Trust Fund for the Development of Interns and Visiting Professionals; and €30,000 to the Cooperation Fund. The sums are in addition to the €500,000 of additional voluntary contributions that we allocated at the end of 2023 to build the ICC’s capacity in the area of cybersecurity, following the cyberattack that affected the Court, which was a serious threat to its work. Thirdly, France condemns all threats or attacks against the Court and its staff, regardless of the nature. We cannot allow the functioning of the Court and the independence of its judges and the Office of the Prosecutor, pursuant to articles 40 and 42 of the Rome Statute, to be threatened in any way. To that end, France condemns the criminal prosecution undertaken in Russia against all personnel and officials of the Court. Given these challenges, France calls upon the members of the Assembly to provide unanimous support to the ICC by adopting the draft resolution before us (A/79/L.8), which France is honoured to co-sponsor.
Costa Rica congratulates Judge Tomoko Akane on her election as President of the Court and would like to thank her for presenting the report of the International Criminal Court to the General Assembly (see A/79/198). Allow me to make the following five observations. First, the current conflicts and crises, in which serious international crimes may have been committed or may be occurring, underscore the critical role of the Court. It is an unfortunate reality that the Court is needed more than we imagined 26 years ago. As a member of the Assembly of States Parties, we reaffirm our support for the consistent application of the Court’s mandate in all situations and cases within its jurisdiction, ensuring justice and the right of victims to access justice as a universal principle. We also stress the need for sustainable resources for all situations and cases and the need to comply with the obligation to cooperate with the Court. To ensure that we live up to the current challenges and legitimate expectations of victims and affected communities, we must put our words into action by providing the Court with the political, operational and financial support that it needs. While ensuring that the Court manages its resources well, we must also provide the Court with the financial ability to fulfil its mandate. International justice is not only necessary but also an urgent investment. We must support the work of the Court in each and every case brought before it. All victims deserve equal access to justice. Secondly, we appreciate the work undertaken by the Court in fulfilling its mandate, and we highlight its efforts to confront the continued attacks and threats to which it is being subjected. Costa Rica reiterates its strongest condemnation of any attempt of intimidation, threats or attacks against the International Criminal Court. It is our common responsibility to protect the judicial and prosecutorial independence of the Court and to reject together, with determination, threats directed at the Court and those that cooperate with it, including from civil society. The Court has demonstrated an extraordinary capacity for resilience, but it is clear that we must continue to strengthen its ability to adapt and to overcome adversity. Thirdly, cooperation with the Court makes justice possible. The greatest proof of this is that the first case completed in its entirety was possible thanks to cooperation. In this regard, the recent case of non-cooperation with the Court is of utmost concern to Costa Rica. We urge all States to comply with our obligations under the Rome Statute. Fourthly, Costa Rica welcomes the recent accession of Ukraine as a State party to the Statute. There are already 125 States that have said yes to the project of common humanity to fight against impunity for the most serious crimes of international concern and to seek justice for the victims. This decision reinforces the principles that we all share and brings us one step closer to a global system of justice that protects and defends the most vulnerable. Ukraine’s accession encourages us to continue promoting the universalization of the Rome Statute. Fifthly, we request that the Secretary-General continue and strengthen the cooperation with the ICC. The logistical and operational support of the Registry and all its units is crucial for the work on the ground, and this cooperation should not only be maintained but also be increased wherever possible. The International Criminal Court stands as a testament to our shared humanity, a collective promise that no atrocity will be met with silence and no crime will go unpunished. Together, we must ensure that the Court has the strength, resources and cooperation it needs to carry out its vital work. Supporting the International Criminal Court strengthens our commitment to a world in which justice prevails, human dignity is upheld and the rights of victims are honoured without compromise.
Ms. Jiménez de la Hoz ESP Spain on behalf of European Union [Spanish] #107375
It is an honour to speak before the Assembly on this agenda item. Spain aligns itself with the statement made on behalf of the European Union. In our national capacity, I will make a few additional comments. First, I would like to congratulate the President of the Court, Tomoko Akane, on her presentation of the report of the International Criminal Court (ICC) (see A/79/198), and on her election as President of the Court. I would also like to congratulate Judge Rosario Aitala and Judge Reine Alapini-Gansou on their election as First Vice-President and Second Vice-President, respectively. Spain reiterates its firm and unwavering support for the work of the International Criminal Court to combat impunity and provide reparation to victims. The Court is facing an increasing workload owing to the current proliferation of conflicts, frequently accompanied by the most serious crimes and atrocities, the prevention and punishment of which are the very reason for the Court’s existence. Accountability is crucial for the fight against impunity for these crimes and atrocities. It is the best antidote to perceptions of double standards, which undermine trust in the multilateral system and in institutions such as the International Criminal Court and the International Court of Justice, which have the function of safeguarding international law, as well as the integrity of the system. Furthermore, reparations are a key tool in addressing the harm stemming from violations of international law. They send a strong message that the international community will not tolerate such violations, and that it places victims at the centre. We welcome the fact that, in the current period, the Court has issued the largest reparation order for the benefit of victims since its establishment. The support that Spain provides to the Court is not only declarative but extends to all other aspects, because my country understands that the Court requires comprehensive and effective support to tackle the challenges that it faces. That is why Spain, as a State party to the Rome Statute since 2000, has made regular financial contributions. In 2023, our voluntary contributions reached the historic figure of €6 million, of which €2.75 million was for the Office of the Prosecutor and €2.25 million for the Trust Fund for Victims. We have also contributed to strengthening the Court’s human resources through the provision of four Junior Professional Officer posts this year. Spain is aware that, for the work of the Court to be effective, we need the cooperation of States parties. That is why we are completing the internal procedures for the ratification of the Agreement on the Enforcement of Sentences of the International Criminal Court. We are also studying other cooperation agreements with the ICC for the relocation of witnesses, persons on parole and released persons, and we are reviewing internal procedures so that requests for judicial assistance that the ICC directs to the Spanish courts are processed as quickly as possible, within the framework of the applicable legislation. We call upon all States parties to respect their commitments to the Rome Statute and to cooperate with the Court. Arrest warrants issued by the Court are mandatory. Ignoring them not only constitutes a breach of obligations but also undermines confidence in the international criminal justice system and moves us away from its objectives of preventing crimes and providing accountability. Spain also invites the States that are not parties to the Rome Statute to join it. In this regard, we welcome Armenia as the 124th State party and the recent accession of Ukraine to the Statute. The Court and its officials are facing increasing attacks that undermine their work. Spain expresses its rejection of those attacks and threats and stands ready to request the activation of the European Union blocking statute to tackle possible sanctions against the Court’s officials. Spain is fully committed to the full exercise of the jurisdiction of the International Criminal Court. We take part in the Group of Friends for the Review of the Rome Statute, and we support the review of the Kampala amendments, so that the criteria on the exercise of jurisdiction over the crime of aggression are closer to the conditions applicable to the other crimes defined in the Rome Statute. We encourage all States parties to ratify the Kampala amendments and to participate in the review exercise. Spain has defended the Court’s jurisdiction with respect to the situation in Palestine, in line with our defence of the Rome Statute and its ultimate objective to fight impunity for the most serious international crimes. As with other States parties, we support the idea that the Court should devote more attention and resources to investigate crimes under its jurisdiction that affect women and girls in particular. I conclude by reaffirming Spain’s firm commitment to the Court and our willingness to continue to work within the Assembly of States Parties, the groups of friends and all necessary forums, including the General Assembly, to defend its independence and crucial work in the fight against impunity and in the defence of a rules-based order in all cases.
First, let me express my sincere appreciation and respect for all the efforts of the International Criminal Court (ICC), led by President Akane, and the judges, prosecutors and staff members in their tireless fight against impunity. Japan strongly supports the ICC’s contributions to promoting the rule of law and securing human dignity. At a time of multiplying challenges to international peace and security around the world, the role of the ICC has become more important than ever. Perpetrators of serious crimes must be held accountable, and justice under the rule of law must be done. The independence of the ICC as a juridical institution must be fully respected, and its integrity must be protected from any political interference and pressure against the Court, its officials and those cooperating with it. More than 90 members of the Assembly of States Parties, including Japan, issued a joint statement, in June, in support of the ICC as an independent and impartial judicial institution. At the same time, Japan counts on the ICC to continue to make sure its proceedings are fair and impartial, in accordance with the Rome Statute and other relevant rules. This is the basis of the credibility of the Court and the promotion of universalization of the Rome Statute. Expanding the number of signatories of the Statute is one of the most effective ways of combating impunity. In this regard, Japan welcomes the most recent decision of Ukraine to ratify the Statute and invites more countries to join the ICC. In the Pact for the Future (resolution 79/1), we reaffirmed the imperative of upholding and promoting the rule of law at the international level, in accordance with the principles of the Charter of the United Nations. Now is the time to put this commitment into practice in cooperation with the ICC and other international judicial institutions. In conclusion, Japan reiterates its unwavering commitment to the Court. We are proud to have consistently supported the ICC as its largest financial contributor, while being a co-focal point for the Court, together with Switzerland, at the Security Council. Building on its past contributions, Japan will continue to provide strong support to the ICC.
I want to begin my intervention today by quoting Secretary-General Guterres in his speech at the opening of the seventy-ninth session of the General Assembly: “Let us move our world towards less impunity and more accountability” (A/79/PV.7, p.5). Indeed, it is of the essence to remind ourselves of the importance of accountability, if we are serious about defending and standing up for international law. If States and non-State actors can routinely violate the Charter of the United Nations, the bedrock of our international order, without any consequences, there will be dire consequences for us all. Small States, which rely on respect for international law for their prosperity and to secure their sovereignty, will be particularly affected and pay the heaviest price. The International Criminal Court (ICC), established some 25 years ago, is the only permanent international institution whose mission and purpose are dedicated to the fight against impunity. It has a mandate to hold individuals who are responsible for the commission of the most serious crimes under international law — genocide, crimes against humanity, war crimes and the crime of aggression — criminally accountable for their actions. The Court’s mission is thus closely linked to the purposes and principles of this Organization. In fact, the preamble of the Rome Statute makes an explicit link between the fight against impunity and peace and security, by recognizing that grave crimes threaten peace, security and the well-being of the world. As a result, the United Nations and the ICC concluded the Relationship Agreement between the United Nations and the International Criminal Court shortly after the Court became operational. We still have a long way to go until the membership of the Court reaches universality, but we are encouraged that nearly two thirds of the United Nations membership have already joined the Rome Statute. In that regard, we congratulate Ukraine for its ratification of the Rome Statute just last week, and we welcome it into the ICC family. There is no stronger signal of support for the ICC than States continuing to join the Rome Statute system, and we hope more will join soon. The need for accountability has never been stronger and never resonated more strongly around the globe. Indeed, the Court has active investigations under way in situations that are of high relevance for the daily work of the United Nations, from Ukraine to Gaza, from the Sudan to Myanmar. For many thousands of victims around the world, the Court is often the only beacon of hope that their story will be told, that their suffering is acknowledged and that perpetrators are not emboldened to commit further crimes, incentivized by impunity. Here we call on all ICC States to abide by their cooperation obligations under the Rome Statute and recall the United Nations policy on essential contacts, which regulates contact between United Nations officials and people with arrest warrants from the ICC. Over its lifespan, the ICC has had to cope with much adversity and to fight back political attacks on many occasions from very different quarters. To some extent, this cannot come as a surprise. People who are able to commit the crimes reflected in the Rome Statute wield considerable power and will naturally use this power to undermine or even try to destroy the Court. It is concerning that we are currently witnessing a new level of political attacks, cyberattacks, sanctions and measures of intimidation imposed on elected Court officials, simply for doing the job that they were elected to do and for carrying out their mandates. This should not leave anyone in this Hall indifferent, whether States parties or otherwise, because such measures, if successful, can easily become a playbook for undermining other international organizations. There is a strong relationship between the mandates of the United Nations and the ICC. One aspect of the Court’s work stands out in particular: its jurisdiction over the crime of aggression. The United Nations was created to save succeeding generations from the scourge of war. The Charter of the United Nations is therefore grounded on the premise that the use of force by one State against another is illegal, except for narrowly defined exceptions. The Court’s mandate to hold political and military leaders accountable for the crime of aggression therefore directly complements the founding purpose of the United Nations. We therefore call on all States to ratify the Amendments to the Rome Statute of the International Criminal Court on the crime of aggression and to strengthen the role and the reach of the Court in ensuring that there is no impunity moving forward for the crime of aggression. This is a key contribution to conflict prevention and upholding the laws and norms that we have all agreed to in the Charter of the United Nations.
At the outset, we would like to thank the International Criminal Court (ICC) for its annual report (see (A/79/198), which highlights its tireless efforts to underscore the importance of the principle that no one should escape accountability. My country welcomes the progress achieved in several situations, including the unprecedented assistance provided to victims. The State of Kuwait strongly rejects any violations of international humanitarian law, especially the ongoing violations in the occupied Palestinian territory. Those violations have now extended to Lebanese civilians and civilian objects. Although the Israeli occupation forces have been perpetrating the most heinous crimes against our Palestinian brothers since 1967, the escalation in the Gaza Strip the past year can be rightly qualified only as a crime of genocide. The crimes perpetrated against civilians, including women and children, qualify as acts of genocide and crimes against humanity. We note the report of Ms. Francesca Albanese. the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (see A/79/384).Her report shows beyond doubt that the Israeli occupation forces have committed three acts of genocide, namely: first, causing physical and psychological harm to a group of people; secondly, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction; thirdly, imposing measures intended to prevent births within the group. Thus, the material elements of the crime, as well as the criminal intent and knowledge, are fulfilled. The Special Rapporteur called on the Israeli occupation forces to uphold the Convention on the Prevention and Punishment of the Crime of Genocide and on the international community to hold the Israeli occupation forces accountable. The International Court of Justice, in its proceedings, highlighted the grave atrocities perpetrated by the occupation forces against the Palestinian people. The ICC, unlike the International Court of Justice, where proceedings must be initiated by a State party, can conduct investigations and pretrial prosecutions. The ongoing shelling, forced displacement, starvation and denial of basic humanitarian assistance have inflicted on the people of Gaza in particular, and the Palestinian people in general, conditions that can bring about their destruction. As an active, peace-loving member of the international community, my country strongly condemns those acts. Moreover, the Israeli aggression has escalated to engulf Lebanese civilians. That expansion is a direct consequence of the ongoing impunity. While the ICC continues to face challenges in the pursuit of justice, we underline the importance of the ICC’s role in investigating crimes against humanity. International cooperation is key for the effective fulfilment of its role. We reiterate our unwavering support for international justice. In this context, we call for the following. First, violators of international humanitarian law must be held accountable, in accordance with international law. Secondly, the Trust Fund for Victims, which plays a critical role in helping victims, must be promoted. Throughout the years, it has provided psychological, social and economic support to more than 450,000 victims around the world. Thirdly, the ICC’s independence must be respected. Political or military interference and campaigns to obstruct the work of the ICC must be categorically rejected to promote the principle of the judiciary’s independence and impartiality. That will ensure impartial international justice that can resist attempts to politicize its proceedings. The State of Kuwait remains committed to the principles of the ICC and international justice. We call on the international community to take expeditious action to protect civilians in the State of Palestine and the Lebanese Republic. Accountability is not only a legal obligation but also a moral imperative to ensure sustainable peace and prevent the recurrence of conflicts.
We have heard the last speaker in the debate on this item for this meeting. We shall hear the remaining speakers this afternoon at 3 p.m. in this Hall.
The meeting rose at 1 p.m.