A/79/PV.27 General Assembly

Monday, Oct. 28, 2024 — Session 79, Meeting 27 — New York — UN Document ↗

In the absence of the President, Mr. Lippwe (Federated States of Micronesia), Vice-President, took the Chair.
The meeting was called to order at 3 p.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) Draft resolution (A/79/L.8)

The United States remains steadfast in its commitment to ensuring international justice and promoting accountability for violations of international humanitarian law and violations and abuses of human rights. The work of the International Criminal Court (ICC) is vital to this mission, and we welcome the ICC’s continued efforts in pursuing justice for the victims of atrocities. We commend the progress that the ICC has made over the past year, as reflected in its 2023–2024 report (see A/79/198). We note in that regard the important conviction of Mr. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes against humanity and war crimes committed in Timbuktu, Mali, when it was under the control of Ansar Eddine and Al-Qaida between April 2012 and January 2013. His conviction marks a significant step towards holding accountable those most responsible for atrocities committed against the civilian population in Timbuktu and in the region. It also marks a watershed moment for international criminal law, representing the first prosecution and convictions for the crime against humanity of persecution on religious grounds. We also welcome the Court’s progress in its investigation of crimes against humanity and war crimes in Ukraine, including in connection with the targeting and destruction of Ukraine’s electric infrastructure. These actions underscore the critical role the ICC can play in holding individuals accountable. In this context, the United States reiterates its support for the ICC’s efforts to deliver justice in situations where atrocities have been committed with impunity, including in Ukraine, Darfur and the Central African Republic. We recognize efforts by Member States to strengthen their cooperation with the Court where appropriate, especially through providing necessary resources for the protection and support of victims and witnesses. Justice, accountability and the rule of law are the cornerstones of lasting peace. We also recognize that challenges remain. Last year’s cyberincident at the Court and Russia’s retaliatory arrest warrants for ICC officials are deeply concerning. The United States opposes any threats, harassment or attacks directed against the Court and its officials. While the United States is not a party to the Rome Statute and may not always agree with the ICC, in the interests of international justice, we do agree that views should be conveyed to the Court in an appropriate manner, including when disagreements arise. In that regard, we have made clear that we oppose the imposition of sanctions against the ICC, its staff, its judges or those who assist its work. We reiterate that the ICC must be mindful of its role as a court of last resort, ensuring that the principle of complementarity, which respects the primacy of national jurisdictions to investigate and prosecute international crimes, remains at the heart of its operations. It is equally important that the Court and its officials act neutrally and impartially and not subject different States to different standards, particularly at a time when divisions and conflict around the world have reached such significant levels. The United States stands with the international community in supporting these principles and advancing international efforts to hold accountable those responsible for atrocities.
The United Kingdom thanks the International Criminal Court (ICC) for the presentation of this year’s annual report (see A/79/198) to the United Nations. We also congratulate the Court’s six new judges upon their election to the bench and Judge Tomoko Akane on her elevation to the presidency of the Court. The United Kingdom welcomes the progress that the Court has made this year in delivering its mandate. We note that this progress has come in spite of efforts to undermine the independence and impartiality of the Court and its staff. We call upon States Parties to uphold the independence of the Court in the face of these challenges. We must also work to ensure that there is no repeat of the cyberattack against the Court, which took place in September 2023. The United Kingdom therefore welcomes the work that the Court has undertaken to improve its cybersecurity and the security of its staff. Despite facing many challenges, we commend the Court for its achievements this year. These include the conclusion of the trial of Mr. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, which resulted in convictions for war crimes and crimes against humanity, as well as progress made across multiple investigations. In order to achieve future success, ongoing reform of the Court remains important. The United Kingdom welcomes the progress the Court has made in implementing a programme of reform following the conclusion of the Independent Expert Review. The Review mechanism will soon conclude its important work overseeing that reform process. However, this does not mean that reform efforts should now cease. Continuing such efforts will give the Court the best prospects for successfully delivering upon its mandate in future. The Court needs support and cooperation from its States Parties. Without this, the Court will be unable to overcome the challenges it faces or tackle impunity. The United Kingdom is pleased to support the Court through witness protection and sentence enforcement and will work to ensure that the Court has the resources it needs to operate effectively. We encourage other States Parties to consider how they can best support the Court, in particular, through the enforcement of sentences and the provision of practical support to the Court’s work in assisting victims and witnesses. The interests of victims should continue to be considered at all stages of ICC proceedings. We welcome the work of the Trust Fund for Victims and its implementing partners to support victims, including through the provision of medical treatment and psychological rehabilitation. We also note the reparations order in the case of Mr. Ongwen and recognize the challenges that lie ahead in identifying eligible victims. The United Kingdom supports steps that broaden the Court’s membership and increase the universality of the Rome Statute. We therefore welcome Armenia’s accession to the Rome Statute, as well as Ukraine’s deposit of its instrument of ratification on Friday. Let me conclude by reiterating the United Kingdom’s strong support for the International Criminal Court and for the fulfilment of its important mandate.
Mr. Maes LUX Luxembourg on behalf of European Union [French] #107382
Luxembourg fully aligns itself with the statement made on behalf of the European Union. I would just like to add a few considerations in my national capacity. We would like to thank the President of the International Criminal Court (ICC), Judge Tomoko Akane, for being here and for presenting this year’s annual report on the activities of the Court (see A/79/198). Luxembourg welcomes the Council’s increasing workload. The growing number of situations under investigation shows that the Court is working. This is why it is important for the ICC to have resources commensurate with its workload, thus allowing it to fully carry out its mandate. Since the adoption of the Rome Statute, Luxembourg has been a fervent champion of the Court and of its crucial role in combating impunity. The ICC is a key instrument of the international community to promote an international order based on the rule of law. While serious crimes that affect the entire international community continue to be committed, it is more important than ever to work to promote and defend the principles enshrined in the Rome Statute, which are the bedrock of international criminal justice. Luxembourg remains firmly opposed to any attempt to discredit the Court and to hamper its work. Luxembourg condemns all threats, attacks or political interference, including sanctions or measures with similar effect against the Court, its staff or those who cooperate with it. The ICC, as well as its officials and staff, must carry out their mandate and their professional duties as an international judicial institution and international civil servants, without intimidation. Luxembourg supports the Court in its effort to bolster its resilience, in particular against cyberattacks. The Court is fundamental in terms of guaranteeing accountability for the perpetrators of the most serious crimes and ensuring justice for the victims, who must be at the heart of our efforts. Luxembourg encourages States to continue to support the Trust Fund for Victims. We also call on all States to cooperate fully with the ICC, including by executing out all arrest warrants issued by the Court. To carry out the mission conferred upon it, the Court depends on States’ cooperation to ensure that the perpetrators of the most serious crimes are held accountable. Luxembourg also underscores the relevance of guidelines for relationships between United Nations officials and those against whom an arrest warrant has been issued or who have been asked to appear before the ICC. Promoting criminal justice is crucial for ensuring and maintaining international peace and security. We cannot underscore enough that peace and justice go hand in hand and are mutually reinforcing. This link between justice and peace is even more apparent when we consider the resurgence of conflicts brought before the Court, which powerfully underscores the need for, and relevance of, having a permanent, independent International Criminal Court. The ICC complements national judicial systems and does not seek to replace them. States are called upon, first and foremost, to ensure effective and equitable justice, with the Court intervening only as a last resort. The general policy document on complementarity and cooperation, presented by the Prosecutor this year shows the Court’s commitment to collective work, bringing together international judicial institutions and national authorities to combat impunity. Luxembourg welcomes the action of civil society, which has played an important role in establishing the Court and is continuing to champion the impartial, independent mandate of the ICC. The universality of the Rome Statute continues to be essential. Each accession increases the collective strength of the international system based on the rule of law, with the interest of present and future generations in mind. Luxembourg welcomes Armenia’s ratification of the Rome Statute in November 2023, as well as the ratification of same, including the Kampala amendments on the crime of aggression, by Ukraine on 25 October. This will bring the number of States Parties to the Rome Statute to 125. Luxembourg urges the States that have not yet done so to ratify the Rome Statute and all of its amendments. We support the review of the Kampala amendments in order to align the jurisdiction of the Court for the crime of aggression with that of the other crimes defined in the Statute. In conclusion, I would like to thank the Kingdom of the Netherlands for having presented draft resolution A/79/L.8, on the report of the International Criminal Court. Luxembourg is a co-penholder of the draft resolution, and we call upon all Member States to support it.
Switzerland would like to thank the President of the International Criminal Court (ICC) for her report (see A/79/198), which highlights the remarkable work carried out by ICC in all regions of the world, despite the fact that it has never been so heavily in demand or worked under such difficult conditions. Switzerland reiterates its unconditional support for the International Criminal Court as an independent judicial institution and for the important work it undertakes in all situations under its jurisdiction. Switzerland strongly condemns any attack or threat against the Court and against its staff. Current events remind us that we need a strong ICC more than ever. As an essential component of the multilateral architecture, it plays a crucial role in defending and promoting the rule of law. It is a core institution in the fight against impunity and the pursuit of justice, which are key elements of lasting peace, security and reconciliation. For the Court to fulfil this vital mandate, it needs our support. In this regard, I would like to raise three points. First, States have a fundamental role to play. As the report presented today demonstrates, the cooperation of States is critical for the ICC to carry out its activities, as it lacks its own enforcement mechanism. We therefore call on all States to fulfil their cooperation obligations under the Rome Statute, particularly by complying with requests for mutual assistance and arrest warrants issued by the Court. We also encourage close cooperation between the Court in the United Nations. The ICC relies on the full cooperation of the entire international community to fulfil its mandate and ensure justice for the victims of the most serious crimes. Secondly, the Court must be able to count on universal support. It should be stressed that the ICC is not intended to replace national courts. In accordance with the principle of complementarity, which lies at the very heart of the Rome Statute, the Court intervenes only when States are unwilling or unable to conduct their own investigations. The ICC therefore works in close cooperation with national jurisdictions, assisting them, when necessary, to bolster their capacities. We therefore call on all States that have not yet done so to ratify the Rome Statute and its amendments without imposing any limitations on the Court’s jurisdiction. Thirdly, the Court requires a robust Statute, which can always be strengthened, particularly with regard to the crime of aggression. Indeed, acts constituting the crime of aggression continue to be committed, and it is our responsibility to establish an appropriate legal framework to bring the perpetrators to justice. To achieve this objective, it appears necessary to harmonize the rules regarding the ICC’s jurisdiction so that the crime of aggression can be prosecuted under the same conditions as the other crimes under the Rome Statute. The review, scheduled for 2025, is a unique opportunity to strengthen the Court’s jurisdiction in this area in order to deliver justice to the victims and prevent further acts of aggression. Combating impunity for atrocities, delivering justice to victims and contributing to sustainable peace are all shared goals of the Assembly, and the Court is essential to achieving them. That is why it deserves the support of the international community as a whole. The Court is a beacon of hope, and we can all be a part of making this hope a reality.
At the outset I would like to express my sincere appreciation to President Tomoko Akane for the comprehensive presentation of the report (see A/79/198). My delegation also commends the joint efforts of the presidency, the Chambers, the Office of the Prosecutor and the Registry to help to deter the most serious crimes of concern to the international community and to end impunity for the perpetrators of such crimes. There is no doubt that the International Criminal Court (ICC) has played a significant role in building a more just and peaceful world over the past two decades and is contributing to the successful implementation of the Sustainable Development Goal 16: “Peace, justice and strong institutions”. There have been many challenges stemming from withdrawals from the Rome Statute, including selectivity of situations or cases, as well as recent political attacks and security threats. However, the Court has been overcoming such challenges with the support and cooperation of States Parties. I would like to take this opportunity to express our profound gratitude to the States Parties for their valuable support for Mr. Keebong Paek, the Republic of Korea’s candidate, during the judicial election held this past year. As I am sure the Council is aware, Korea has consistently backed the ICC since its inception, and with Mr. Paek’s election, three Korean judges have now been appointed to the Court, including Judge Chung and Judge Song, who served as a founding judge and President. In addition, another Korean, Judge Kwon, served as President of the Assembly of States Parties. We are confident that Judge Paek will also make a significant contribution — not only to achieving international criminal justice, but also in helping to address some of the Court’s continuing issues, such as achieving equitable geographical distribution and creating a more diverse and representative working environment. The Group of Asia-Pacific States is one of the most underrepresented regions at the ICC, including in the composition of its professional staff. From the outset, Korea has actively contributed to efforts to promote universality by serving as a focal point for achieving universality and full implementation of the Rome Statute by reaching out to non-States Parties and encouraging their ratification of the Rome Statute. We warmly welcome Armenia’s accession to the ICC in February and hope that Ukraine will soon follow suit by becoming a full member of the ICC. These developments, signalling the growing commitment to international justice are highly encouraging and provide a positive message to other potential States Parties. Universality is not just expanding the territorial scope and the number of people under the jurisdiction of the ICC. It is also crucial for enhancing the Court’s legitimacy because increased ratification signifies broader international support, leading to more rigorous monitoring and oversight by a greater number of States. We take note of the recent policy on complementarity and cooperation announced by the ICC Office of the Prosecutor and appreciate the Court’s efforts to reassess its staffing budget from the perspective of efficiency and effectiveness. Moving forward, we believe that it is crucial for the Court to continue enhancing resource utilization in line with the recommendations of the Independent Expert Review. By doing so, the Court can further demonstrate its value and contribute to the expansion of its universality. The ICC is facing a number of challenges, such as questions about its impartiality, legitimacy, unprecedented threats and intimidation, cyberattacks and a heavy caseload. However, Korea firmly believes that the Court can overcome these challenges with the cooperation, assistance and support of the States Parties. Korea has always been one of the most committed advocates of the ICC. We remain ready and willing to play a constructive role in the international community’s collective efforts to overcome challenges, end impunity, implement restorative justice for victims and ensure the rule of law.
Let me take this opportunity to thank President Akane for her briefing on the important work of the International Criminal Court over the past year. It is clear that the Court continues to make a vital contribution to our collective effort to seek accountability for serious international crimes, and Australia remains a steadfast supporter. Serious international crimes pose a threat not just to individual countries but also to the international community as a whole. Australia considers the Court to be an essential component of the international peace and security architecture. Effective cooperation between the Court and the United Nations is fundamental to our collective pursuit of peace and security. Australia encourages all States and civil society to support the Court in carrying out its important mandate. This is particularly so in the face of clear attempts to interfere with its operation and staff, not least through increasingly blatant cyberattacks. Australia is committed to upholding and defending the principles and values enshrined in the Rome Statute. This means standing ready to protect the Court, its officials and those cooperating with it from any political interference and pressure. Australia believes that the fight against impunity starts at home. The Court’s crucial role in holding perpetrators of serious international crimes to account is complementary to national criminal jurisdictions. States bear the primary responsibility to investigate and, where appropriate, prosecute those responsible for such crimes. Australia reiterates its commitment to putting words into actions through national efforts. We welcome the Office of the Prosecutor’s increasing engagement on complementarity and the newly formed policy on complementarity and cooperation, released in April, is an important contribution. In addition, Australia and Uganda will continue our work as co-focal points on complementarity so as to facilitate our ongoing collective dialogue. This work also supports the Court’s survivor-centred approach to accountability for gender-based crimes by bringing the justice process closer to communities. In closing, Australia shares the Office of the Prosecutor’s view of the Court as a hub rather than the apex of global efforts supporting international criminal justice. Australia values the Court’s crucial role in combating impunity in today’s challenging times. We urge all Member States to provide the ongoing support the Court requires to deliver its mandate, and Australia reaffirms our commitment to doing our part. Finally, I wish to take the opportunity to welcome Ukraine’s ratification of the Rome Statute with the deposit of its instrument of ratification on 25 October.
We would like to thank the President of the International Criminal Court (ICC) for the presentation of her report (see A/79/198). Venezuela is committed to the respect, promotion and protection of all human rights and fundamental freedoms. Hence, we express our rejection of crimes against humanity, war crimes, genocide and ethnic cleansing — all crimes under the Rome Statute. States have the primary duty to guarantee the fundamental rights of their populations, ensuring that justice is delivered for the most heinous crimes, starting with the primacy of national jurisdictions and bearing in mind the complementary nature of international bodies, such as the International Criminal Court. The Bolivarian Republic of Venezuela is committed to the fight against impunity for the most serious international crimes, as this is crucial to maintain international peace and security and to strengthen the rule of law at the international level. In the light of this commitment, we demand that the International Criminal Court adopt, once and for all, concrete measures to put an end to the genocide in the Gaza Strip. The Israeli regime believes that it is above the law and the mechanisms in charge of prosecuting those responsible for crimes and insists on moving forward with its plan to exterminate the heroic Palestinian people. Today, the Rome Statute is being put to the test, and it is up to the International Criminal Court to contain the ongoing aggression and preserve its credibility within the international community. Our country is convinced that the International Criminal Court is a court of last resort that establishes a system of justice for serious international crimes rooted in national courts. The national authorities therefore have the primary responsibility to investigate and prosecute crimes defined in the Rome Statute, and the International Criminal Court becomes involved only when States are not willing or not able to take action within their own jurisdiction to carry out the corresponding national proceedings. The unwillingness on the part of the United States authorities to establish criminal responsibility for those who commit crimes of humanity against the Venezuelan people through the cruel implementation of unilateral coercive measures, forced our country, in February 2020, to make a referral to the Office of the Prosecutor of the ICC to obtain justice for crimes, pursuant to article 7 of the Rome Statute, that have been systematically committed. We regret that, despite the fact that five years have gone by since that referral, very little or nothing has been done in the so-called Venezuela II situation. The Venezuelan people, who are suffering from the effects of these criminal practices, deserve justice. It is time for the International Criminal Court to take concrete steps to demonstrate that it is not incapacitated by interests that run counter to the Rome Statute. Initiating the relevant investigations in this case is the first step towards stopping this policy, which is of the utmost cruelty against our people. The Court’s Prosecutor himself, during his most recent visit to Venezuela, could observe the effects of these criminal actions on our people. We reject any action aimed at manipulating the Rome Statute and the work of the International Criminal Court to impose the political interests of the dominant Powers. Such manoeuvres only undermine the credibility and the integrity of the Court, as well as the primacy of justice and human rights. The so-called Venezuela I situation is a clear example of the use of justice for political purposes, known as “lawfare”. This case was brought before the Court, with accusations that have no basis in reality, as part of a strategy to carry out a coup against our country’s legitimate Government. The Court and its Prosecutor are aware of the Venezuelan State’s commitment to its international obligations, including in terms of human rights. Although we have occasionally had disagreements with the Office of the Prosecutor regarding some of his decisions, this has never prevented us from maintaining smooth communication and cooperation. A concrete example of this is the fact that today the Office of the Prosecutor of the International Criminal Court has a representative in Venezuela who provides technical assistance to the Venezuelan Public Ministry to further strengthen its capabilities. We are committed to adopting innovative measures to ensure the effective administration of justice in our national territory in full compliance with our national and international obligations in this area. In conclusion, we call for the preservation of the independence, objectivity, non- selectivity, impartiality and transparency in the work of the International Criminal Court. We call upon everyone to work together to put an end to the politicization of justice and to support all efforts in favour of uncovering the truth and determining the criminal responsibility of the perpetrators of crimes of international significance.
Mr. Ndoye SEN Senegal on behalf of my country [French] #107387
On behalf of my country, Senegal, I would like to warmly congratulate Ms. Tomoko Akane, President of the International Criminal Court (ICC), on her election as head of the Court and thank her for her rich, detailed presentation on the activities of the Court (see A/79/198). My delegation would also like to pay tribute to all those men and women within the Court and elsewhere who work hard on a daily basis to bring the most heinous crimes to justice. This applies in particular to Mr. Karim Khan, Prosecutor of the ICC and his colleagues, several of whom are my compatriots, who are pursuing with determination, commitment and professionalism the fight against impunity for perpetrators of mass crimes on every continent. Furthermore, Senegal notes with satisfaction of the reports of the Secretary- General A/79/197 and A/79/199 on the implementation of article 3 of the Negotiated Relationship Agreement between the United Nations and the International Criminal Court, which attest to a steady improvement in cooperation between the two institutions and positive progress in the implementation of the Agreement at both the institutional and judicial levels. My delegation aligns itself with the statement made by the representative of Uganda on behalf of the Group of African States Parties to the Rome Statute (see A/79/PV.26). I would like to make a few comments in my national capacity. An examination of the report of the International Criminal Court shows the place of the institution in the universal fight against impunity and the promotion of respect for the rule of law at the international level. The Court’s activities described in the report attest to its remarkable contribution to bringing justice to numerous victims around the world, thereby enabling traumatized populations to feel that humankind as a whole has heard their cries. We also note in the report that the ICC has demonstrated resilience and dynamism, with clear progress in its activities. My delegation welcomes the fact that during the period of 1 July 2023 to 30 June 2024 the various chambers in the Court handed down 532 written decisions and held 158 hearings, with more than 16,000 victims participating in the proceedings. Bringing justice to victims of the most heinous crimes must remain the main concerns of the international community. Our daily work should be based only on the protection of the hundreds of thousands of men, women and children who are suffering daily at the hands of those individuals who are guided purely by ulterior motives. That is the only guarantee that will prevent the hopes raised by the creation of the ICC from being dashed forever. It is only by working together that we will achieve these fundamental objectives. My delegation welcomes the crucial role played by the Trust Fund for Victims, which continues to provide support and relief to thousands of victims in accordance with its mandate to advance the implementation of reparation orders. The ICC embodies the commitment of the international community to combating impunity for the perpetrators of the most serious crimes. Despite its relative youth and the adversity that it faces, it has now become an integral part of the landscape of international institutions and the cornerstone of the fight against impunity around the world. We must recall that the dream of those who established the Rome Statute was to bring an end to impunity and to work together to combat the most serious crimes affecting the international community, which are an affront to our humanity. This dream is perfectly consistent with the political vision of my country’s leaders, which is based on the fight against impunity, the promotion of the rule of law and the establishment of democracy. Senegal was the first country to ratify the Rome Statute, thereby demonstrating its determination to defend the principles and values enshrined therein. It is deplorable to note that today the Court and its staff are the target of threats and attacks. The cyberattack detected on 15 September 2023, which is likely to compromise the Court’s systems and data, is clear evidence of the desire of criminal groups to paralyse the functioning of the international judicial institution. Senegal condemns in the strongest possible terms the intimidation and attacks against the Court and reiterates its commitment to defending the principles and values enshrined in the Rome Statute and preserving the integrity of the judicial institution against any political interference or pressure targeting its officials and personnel cooperating with it. My delegation would like to take this opportunity to reiterate that the Court cannot achieve its aspirations of bringing an end to impunity and contributing to the prevention of mass crimes without firm, unwavering support from the international community. It will not be able to properly carry out its mandate if it does not have collective, proactive protection of its independence by all stakeholders. To this end, we must demonstrate our willingness and determination by combining our efforts to bolster cooperation and breathe new life into relations through frank and constructive dialogue among all States Parties. My delegation is firmly convinced that close cooperation among United Nations Member States in general and the States Parties to the Rome Statute in particular is a sine qua non for the proper implementation of the Court’s mandate. In this regard, we must also continue our tireless efforts to seek the universal ratification of the Rome Statute and the incorporation of its norms into domestic law in States in order to deter and, if necessary, punish the perpetrators of international crimes. My delegation calls upon the Court to strengthen complementarity by supporting national judicial systems so that they are able to try the most serious crimes. In this regard, it is crucial to develop and strengthen the investigative and prosecutorial capacities of Member States and to support cooperation in the fight against mass crimes. That is why my country decided to become a member of the select group of the mutual legal assistance and extradition initiative, alongside Argentina, Belgium, Mongolia, the Netherlands and Slovenia, which led to the adoption and signing, in February, of 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. In conclusion, my delegation calls on the Security Council make more frequent use of its power of referral to the Court in order to prevent and punish crimes under the jurisdiction of the International Criminal Court.
Malta thanks President Tomoko Akane for presenting the report of the International Criminal Court (ICC) (see A/79/198), highlighting the Court’s fundamental importance as an essential feature for the collective pursuit of international criminal justice. We also thank the Netherlands for facilitating the process. Malta aligns itself with the statement delivered by the representative of the European Union (see A/79/PV.26) and would like to make the following remarks in its national capacity. The creation of a permanent treaty-based International Criminal Court in 1998 had as its core purpose the goal of ending impunity for the perpetrators of the most serious crimes of concern to the international community. With justice for victims at its core, this mission continues to govern the activity of this independent and impartial judicial institution. We therefore reiterate our unwavering support and solidarity with the Court in fulfilling its utmost important mandate, condemn any attacks or threats on the Court, its prosecutors, judges and personnel, and underline that all States Parties to the Rome Statute must comply with their international legal obligations and uphold the work of the ICC. In our endeavour towards achieving the universality of the Rome Statute, we welcome Armenia’s achievement in becoming a State party of the Rome Statute, and we congratulate Ukraine for recently depositing its instruments of ratification of the Rome Statute on 25 October. Such developments will continue to strengthen the Court while enabling future accountability efforts to prevail. We would also like to reflect on the relationship between the ICC and the Security Council. We recall the political declaration on the suspension of veto powers in cases of mass atrocity, launched by France and Mexico, which Malta has signed, along with another 103 Member States. A veto should not prevent the Security Council from taking action when crimes of genocide, crimes against humanity, war crimes or the crime of aggression are committed. This also includes referrals by the Security Council. Lastly, the International Criminal Court has demonstrated considerable progress in its investigations and judicial proceedings in various situations and cases. We maintain our firm conviction that the ICC is an indispensable institution in the architecture of international criminal law. We stand ready to participate in holistic efforts that would enable the Court to continue to effectively ensure justice for the most serious crimes.
Georgia aligns itself with the statement delivered by the representative of the European Union (see A/79/PV.26). I would like to congratulate the President of the International Criminal Court (ICC), Judge Tomako Akane, on assuming the presidency, and we thank her for the annual report (see A/79/198) presented today under agenda item 74. One of the founding States Parties to the Rome Statute, Georgia remains resolute in its support for the Court’s mandate and independence, recognizing that the fight against impunity is critical for preventing future atrocities. The ICC is facing unprecedented challenges in today’s world. The recent cyberattacks on the Court and the sanctioning of ICC judges have undermined the Court’s authority and independence. These actions are a direct assault on the rule of law and the principles enshrined in the Rome Statute. We commend the efforts of the ICC to overcome the many obstacles it faces, including external pressures and threats to its independence. However, the Court cannot function in isolation. It is incumbent upon us as States Parties to provide unwavering support, not only in rhetoric but also in action. The Court must continue addressing internal governance challenges, improving its operational efficiency and enhancing its capacity to deliver justice in a timely manner. Victims of atrocity crimes deserve swift and efficient justice. We must all work together to ensure the ICC has the necessary resources and support to fulfil its mission. For the ICC to become genuinely effective, it must achieve universality. We commend Armenia for ratifying the Rome Statute almost a year ago and applaud Ukraine’s progress towards ratification. We call upon all States that have not yet done so to ratify the Rome Statute. Let me recall that, in 2016, the ICC opened its first-ever investigation in Europe’s legal geography, concerning international crimes committed during Russia’s full-scale aggression against Georgia in 2008. Georgia has consistently supported the ICC’s investigation, fully cooperating with the Office of the Prosecutor and providing the necessary assistance to ensure that justice is pursued transparently and fairly. Georgia’s cooperation with the ICC has yielded concrete and tangible results. The Court issued arrest warrants for three individuals for the war crimes committed against ethnic Georgian civilians while also uncovering the role of the Russian Major General Vyacheslav Borisov, who has since passed away. In consideration of these developments, we take note of the information in the report indicating that, in the situation in Georgia, the ICC Office of the Prosecutor continued to monitor the situation as part of its tracking activities and focus its efforts on ensuring trial readiness in relation to the existing warrants. We welcome the fact that, according to the report, more than 530 affected individuals directly benefited from the rehabilitation services launched by the Trust Fund for Victims. As we reflect on the ICC’s work, it is impossible to ignore Russia’s unprovoked, unjustified and premeditated aggression against Ukraine, which has caused suffering and numerous violations of international law. This ongoing aggression once again proved the urgent need for accountability for the violations of international law. With this in mind, let me recall that Georgia was among the States that referred the situation in Ukraine to the ICC Prosecutor. We look forward to the forthcoming progress in this regard. In conclusion, Georgia reaffirms its steadfast support to the ICC as the cornerstone of the global fight against impunity. We call upon all States to affirm their commitment to the Rome Statute system, to cooperate fully with the Court and to protect the integrity and independence of this vital institution. Only by working together can we uphold the principles of justice and accountability that the ICC represents.
Canada appreciates the opportunity to take part in this important annual discussion, as we continue to be a strong supporter of the Court, a key institution in combating impunity for the most serious international crimes and in enabling justice for victims of these crimes. The Court is busy, as we can see from the continued request for investigations, as well as ongoing pretrial proceedings, trials and appeals. We would like to congratulate the President of the Court, Justice Akane, on her new role. As highlighted in the report of the International Criminal Court (see A/79/198), significant developments in the Court’s judicial proceedings included the conviction by Trial Chamber X of Mr. Al Hassan of certain crimes against humanity and war crimes committed between April 2012 and January 2023 in Timbuktu, Mali. We note that since the report was issued, both the defence and the Prosecutor have filed appeals, while the sentencing decision has been scheduled for delivery on 20 November. Following the confirmation last year of Dominic Ongwen’s convictions and sentencing to 25 years of imprisonment for crimes against humanity and war crimes committed in northern Uganda between 2002 and 2005, we welcomed the Chamber’s issuance of the highest reparation order to date, more than €52 billion. We hope this will help bring justice and healing to survivors. While Mr. Ongwen has appealed the reparation order, the Trust Fund for Victims has conducted consultations with thousands of potential beneficiaries to inform the draft implementation plan for reparations, and the Registry has been establishing a framework for victim identification and eligibility screening for reparations. We look forward to future discussion of that framework developed by the Registry. In relation to the Office of the Prosecutor’s investigations, we take note of the conclusions of the investigation phase with respect to the situations in Uganda and Kenya, respectively, and the increased activity in respect to other ongoing investigations. As one of the six countries to have referred the Venezuela I situation to the Court in 2018, Canada has a particular interest in the developments of this investigation. We note that the Appeals Chamber delivered a judgment on 1 March, confirming the decision of the Pre-Trial Chamber to authorize the resumption of the Prosecution’s investigation into the situation. We will continue to pay close attention as this unfolds. Canada also appreciates many of the policy initiatives the Court has undertaken over the past year, including the Office of the Prosecutor’s policy on children and its policy on gender-based crimes. Continuous improvement of the Court on key elements of its mandate is essential to ensure that it optimizes its resources to effectively and efficiently fight impunity. Canada congratulates the new President of the Assembly of States Parties. We remain engaged in the review process under her stewardship to improve the Court’s performance and governance. In this regard, Canada has been pleased to facilitate the ongoing discussions with respect to legal aid. The excellent collaborations we have experienced with States Parties on this issue give us confidence that continued progress can be made in the reform process. I also personally look forward to engaging, over the next few weeks, with colleagues here today on the omnibus draft resolutions that we will be adopting in December. We are concerned to note that the number of outstanding public arrest warrants continues to increase, going from 12 in 2021 to 20 in the most recent report. Effective and comprehensive cooperation regarding the implementation of arrest warrants and investigations under way is essential to enable the Court to fulfil its mandate. We reiterate our call to States to cooperate and to provide necessary assistance to the Court, in line with their obligations pursuant to article 9 of the Rome Statute. We believe that another way of improving the Court’s ability to render justice would be to ensure the universalization of the Rome Statute and its full implementation at the national level. In this regard, we welcome the ongoing efforts of the Court, civil society and States Parties to that end. We particularly commend Ukraine for depositing its instruments of ratification last Friday, thereby bolstering international criminal justice. We continue to encourage those States who have not yet done so to ratify the Rome Statute. Persistent threats and security breaches continue to be directed against the Court, for example, the arrest warrants issued by the Russian Federation against several judges and the Prosecutor, and the major security incident in September 2023. As other colleagues have pointed out today, this is totally unacceptable. We are delighted that the security of the Court, the safety of its staff and its officials are deemed an absolute priority by the Court and that significant sustained efforts are being made to strengthen the Court’s cybersecurity infrastructure. The cybersecurity- related events of the Court endanger the witnesses and victims. States Parties must continue to lend their unfailing support to the Court to this end, in particular by ensuring regular funding for these activities in the Court’s budget. As the preamble of the Statute so aptly states, mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity. May the Court remain a light at the end of a long tunnel and a beacon of hope and justice for each and every person.
(spoke in French)
I would like to start by thanking the President of the International Criminal Court (ICC), Judge Tomoko Akane, for presenting the annual report of the Court (see A/79/198) and for the valuable insights shared with us today (see A/79/PV.26). Albania commends the International Criminal Court for its significant contribution to the global fight against impunity for the most serious crimes of concern to the international community as a whole. During the past year’s armed conflicts, acts of aggression and the horrific crimes being committed have continued to cause suffering, leaving behind thousands of victims. Crimes against humanity, war crimes, genocide and crimes of aggression continue, persistently challenging international peace and security. We must put an end to those crimes. Albania fully aligns itself with the statement made on behalf of the European Union (see A/79/PV.26), while I would like to underline three elements in my national capacity. First, holding those responsible to account and ending impunity are the only way to move forward and support peace and prosperity. Albania has always been a pioneer of international justice, and, in our view, the ICC represents the cornerstone of independent courts and the international community’s commitment to justice without any prejudice. As a party to the Rome Statute, Albania supports meaningful accountability and justice for victims of atrocity crimes under the jurisdiction of the ICC. Accountability and delivering justice are conditions sine qua non in upholding the Charter of the United Nations, not only protecting human rights, but also providing a powerful deterrent against current and future abuses. Secondly, alongside accountability, we fully advocate for a victim-centred approach, which aims to support the victims and their families. The ICC and universal jurisdiction represent the only hope for thousands of victims of atrocity crimes, including crimes of sexual violence against women and children, to obtain justice. We encourage the Office of the Prosecutor to redouble its efforts in prosecuting gender- based crimes and crimes of sexual violence as crimes against humanity and the systematic gross violation of human rights, in particular against women and girls. Albania commends the continued work of the Trust Fund for Victims in providing physical, psychological and material assistance, which are crucial for supporting the survivors and their families. Thirdly, it is our duty as Member States to show commitment to the Court and its independence to enable it to carry out its mandate and deliver justice effectively. That must include providing the necessary cooperation and assistance for the outstanding public arrest warrants issued by the Court and the surrender of the individuals to the Court. Any attempt to undermine the position of impartiality and independence of the Court and the judges goes against the United Nations Charter and our common values. Of late, the independence of the ICC has systematically been under attack, most recently by an illegal cyberattack, aimed at putting pressure on the judges, which is unacceptable. Albania condemns in the strongest terms any attacks against the independence of the Court and the professionalism, credibility and dignity of the judges, prosecutors and its personnel. The Court is a vital part of the international framework for ensuring peace and security and by supporting the independence of the Court and fair and due process, we can build resilience, give people hope and contribute towards the shared goal of peace and security. Albania supports the universality and complementarity of the international court’s role, as established in the Rome Statute, considering it as a last resort in delivering justice when Member States are unwilling or unable to do so. We must continue our common efforts to strengthen the support to the Court as an independent mechanism in maintaining its judicial integrity and fulfilling its mandate. In conclusion, Albania reaffirms its support for the ICC in fighting impunity for atrocities, bringing justice to victims and contributing to sustainable peace.
Ms. De Raes BEL Belgium on behalf of Kingdom of Belgium [French] #107392
On behalf of the Kingdom of Belgium, I would like to thank Judge Tomoko Akane for the presentation of the annual report of the International Criminal Court (see A/79/198) and congratulate her on her appointment as President of the Court. Belgium aligns itself with the statement made earlier on behalf of the European Union and its member States (see A/79/PV.26). The annual presentation of the report to the General Assembly is essential. It underlines the Court’s role as a central pillar of the world order and the fight against impunity for crimes that shock and are of concern to the international community as a whole. Belgium is deeply worried by the threats and attacks that the Court regularly faces, and we call on all States — States Parties and non-States Parties — to support the Court so that it can exercise its vital mandate of dispensing justice independently and impartially. The major cyberattack to which the Court was subjected and the attempted attacks to which it continues to be subjected on a regular basis undermine the Court’s proper functioning and independence, which are crucial for it to be able to pursue its investigations effectively throughout the world. Such attacks are unacceptable. In addition, the Court and its staff, as well as those who cooperate with and assist the Court in various ways, face threats of sanctions from non-States Parties. The impartiality and the independence of the judges are threatened, which could jeopardize the legitimacy of the Court’s judgments. The very functioning of the Court would also be jeopardized if such sanctions were implemented. That is unacceptable. The Rome Statute imposes obligations on the States Parties. We must all play our part and fulfil our obligations; otherwise, the whole system risks failing. Now more than ever, the Court needs proper political and financial support and the full cooperation of the States Parties. In that regard, Belgium calls on States to consider ratifying the new treaty on mutual legal assistance and extradition for the prosecution of perpetrators of the most serious international crimes before national jurisdictions. The treaty will enable States to effectively fulfil their primary responsibility to investigate such crimes and prosecute the perpetrators at the national level. In June this year, together with Chile, Jordan, Senegal and Slovenia, Belgium coordinated a statement in support of the ICC, signed by 94 of the 124 States Parties. That cross-regional support is a response to the concern caused by the attacks on the Court. Furthermore, this year, Belgium had the opportunity to once again demonstrate its support for the Court by making three new voluntary contributions of €5,000,000 to the Prosecutor’s Trust Fund, €500,000 to the Trust Fund for Victims and €700,000 to the Court’s Security Fund. This year, Belgium also ratified the latest amendments to article 8 of the Rome Statute, thereby ratifying all the amendments adopted to date. We call on the States Parties to ratify all those amendments in order to strengthen the framework for the protection of victims of such crimes by extending the jurisdiction of the Court. Belgium affirms its readiness to use all possible means to protect the Court from discredit. Let us join forces, particularly today, because it is more important than ever to stand by the Court.
Brazil is a founding member of the International Criminal Court and has consistently supported its mandate to investigate and prosecute the most serious crimes under international law. When the Court was established 26 years ago, we envisioned it as a beacon of hope for victims seeking justice — an independent and impartial criminal court that would treat all victims equally. Sadly, today some victims seem to be more equal than others. For more than 15 years, the State of Palestine has sought justice in the International Criminal Court. Since 2009, when it first recognized the Court’s jurisdiction, the resilient Palestinian people have tried not to lose faith in the system of justice that we created in Rome. The determination to put an end to impunity and thus contribute to the prevention of the most serious crimes under international law, as inscribed in the preamble to the Statute, is yet to be demonstrated. The Court has miserably failed more than 42,000 people killed in Gaza during the past year alone. How many more will have to die before the perpetrators of that slaughter are stopped? The Court has also failed to hold accountable those in Hamas responsible for the heinous terrorist attacks against hundreds of innocent Israeli civilians on 7 October, the captivity of hostages and the death of many of them. Although the investigation of the situation in Palestine goes back to 2021, not a single arrest warrant has been issued despite the mounting evidence of crimes. We are waiting. The consequences of double standards and the instrumentalization of justice are ominous. One must not champion criminal justice and simultaneously seek to undermine the Court’s mandate. It is deeply disturbing to see that some, while advocating and acting to facilitate justice for victims of crimes committed in certain situations, do not show the same attitude in the case of Palestine and, worse, obstruct international justice. International criminal justice must never be selective, or it will not be justice. Threats and attacks aimed at undermining the Court’s mandate and independence are unacceptable. Its officials have endured acts of intimidation against themselves and their families. Placing unilateral sanctions on the Court is a clear attack on the international rule of law. Brazil reiterates its support for the mandate of the Court and asserts that the Court’s officials and staff should carry out their duties free from any intimidation by anyone, anywhere. Brazil reaffirms its unwavering commitment to international justice, peace and human rights. The Rome Statute is an international treaty that governs legal relations between its States Parties. It also sets out the framework for the Court’s jurisdiction and outlines its mandate. To safeguard its legitimacy and ensure its effectiveness, the Court must stay true to its mandate. Currently, the institutional structure of the Court does not reflect the necessary equitable geographical representation. If the Court aims to be representative and inclusive, it is urgent to reform its governance. In particular, we must urgently increase the representation of Latin America, Africa and the Asia-Pacific region in the Bureau of the Assembly of States Parties. At this critical juncture, it is essential to ensure that the Court’s activities are balanced, independent and impartial. The credibility of the Court depends on that. Thousands of victims seeking justice in countries in which the Court operates claim such justice. Thousands of innocent people whose lives may be spared in the future also need that. States and the Court itself must not fail them.
I now give the floor to the observer of the Observer State of Palestine.
Allow me to start by quoting two senior United Nations officials. While listening to them describing the situation in Gaza, especially northern Gaza, I want members to imagine that they were speaking about their families — their parents, grandparents, brothers, sisters and children. A couple of days ago, the United Nations High Commissioner for Human Rights stated: “[O]ne of the darkest moments of the Gaza conflict is unfolding in the north of the Strip. ... [T]he Israeli military is subjecting an entire population to bombing, siege and starvation, as well as being forced to choose between mass displacement and being trapped in an active conflict zone. “The bombing in north Gaza is non-stop. The Israeli military has ordered hundreds of thousands to move, with no guarantees of return. But there is no safe way to leave: the bombs continue to fall; the Israeli military is separating families and detaining many people; and people fleeing have been reportedly shot at.” It does not end here. The quote continues: “Next to no aid has reached the area in weeks, with unlawful restrictions remaining, and many are now facing starvation. The Israeli military is striking hospitals, and staff and patients have been killed and injured or forced to evacuate simultaneously. Shelters, once schools, are struck daily. Communication with the outside world remains extremely limited. Journalists continue to be killed. “Unimaginably, the situation in north Gaza is getting worse by the day. The Israeli Government’s policies and practices risk emptying the area of all Palestinians.” He is speaking of 400,000 Palestinians in northern Gaza. “We are facing what could amount to atrocity crimes, including potentially extending to crimes against humanity.” “[Already] more than 150,000 people are reportedly dead, wounded or missing in Gaza.” “Either the world ashamedly fails those who so desperately need help, or we stand united and put a stop to this.” The second quote is from the Acting Under-Secretary-General for Humanitarian Affairs: “What Israeli forces are doing in besieged north Gaza cannot be allowed to continue. “Hospitals have been hit, and health workers have been detained. Shelters have been emptied and burned down. First responders have been prevented from rescuing people from under the rubble. Families have been separated, and men and boys are being taken away by the truckload.” She ends with the sentence: “The entire population of north Gaza is at risk of dying.” Those are people, children and families, and their ordeal has lasted for decades. The agony described above has been going on for more than a year. They are still waiting, and help is still not on the way, blocked by Israel without any consequences. What more does Israel need to do to be held accountable? There is no red line that it did not cross, no rule that it did not break and no atrocity that it did not commit. What do the principles that we enshrined in the Charter of the United Nations, the Geneva Conventions, the Universal Declaration of Human Rights and the Rome Statute mean if they cannot save a single life in Palestine? Why did we establish an International Criminal Court if not for situations such as this and if not to stop horrors such as the ones that the Palestinian people have been experiencing? Or maybe the truth is that those rules apply only to some, not others, that Israeli perpetrators are always shielded for their breaches of the law, and that Palestinian victims are always denied the protection of the law. It seems that there are some who need to enquire what the religion of the victim and of the perpetrator is and what their respective race, skin colour and national origin are to know what level of outrage they should display, if any, and if they can call for accountability or not. There is no international law-based order with such bias and double standards, or let us call them what they are — racist standards. Do members know how it feels to stand here while one’s people are being slaughtered and starved to death and to explain why one’s people are worthy of being saved, how one’s civilians are not less civilians, that they are entitled to protection and that one’s children are children and should be treated as children and be saved, while thousands of them are being killed, maimed, amputated, orphaned, starved, detained and abused. Do members know how it feels to sit here in the same Hall as those who have called their people human animals, who have justified starving them and who have justified indiscriminate mass killing and wanton destruction. There are no homes, hospitals, schools or shelters standing in northern Gaza or all Gaza. Everything is being destroyed to ensure that people cannot stay. Do members know how it feels to sit here with those who have justified targeting doctors, humanitarians, rescue teams and journalists, and who have said that the victims are guilty, that the witnesses are guilty and that the perpetrators are innocent, even when they filmed their own crimes. But Israel is at war not only with our people, openly trying to destroy us as a country and a nation and to erase us from history and geography; Israel is also at war with the United Nations, at the heart of the international law-based order, killing and maiming United Nations staff at levels never seen in the history of the Organization, detaining them, torturing them, bombing United Nations shelters, declaring the Secretary-General persona non grata and, while we sit here, passing legislation to destroy a United Nations agency — the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — in an attempt to further deny the rights of Palestine refugees and to deprive the Palestinian population, which relies on UNRWA, of the essentials that it needs to survive. It is now attacking United Nations peacekeepers. Do members know what Israel says to explain why it attacks the United Nations Interim Force in Lebanon (UNIFIL)? It says: “We told it to leave. It did not. It therefore became an acceptable military target.” That is the same reasoning that it uses regarding the 2 million Palestinians in Gaza, with 400,000 stranded in northern Gaza. They are not leaving, and they can therefore be killed. If it does that with UNIFIL, what chance do we stand? It did not do that once or twice; for the past week, it has attacked United Nations peacekeepers every day. How can we explain that Israel still sits among us here at the United Nations, while it uses its presence to attack the United Nations, its Charter and its personnel, to incite against this institution and justify crimes against the United Nations and its personnel? And then we are accused of singling out Israel. Give me any other State that would dare to behave in that way without feeling any consequences and still feel entitled to remain in this Hall? Give me one other State that can behave in that way. Israel wants to sit in the seat of the prosecution and to see the United Nations, the International Court of Justice, the International Criminal Court (ICC), with its Prosecutor and its judges, the Security Council and the General Assembly in the seat of the accused for preposterous accusations of antisemitism and support to terrorism. Enough is enough. The Israeli Prime Minister and war criminal Netanyahu said that Israel is at the forefront of the war of the Judeo-Christian civilization against barbarism. Members can appreciate the not-so-subtle reference that somehow Islam is barbarism. But Israel does not get to claim that its actions are in any way related to Judaism. It cannot speak in the name of millions of Jews, many of whom reject its crimes against the Palestinian people. It does not get to bomb our churches and kill, starve and displace Palestinian Christians and then say that it is speaking in the name of Christianity. It does not get to instrumentalize religion or the memory of the Holocaust to justify atrocities, and countries that allow it to get away with it or that repeat that absurd narrative should be ashamed of themselves. There must be no more complacency and no more complicity. It is 10 years since we joined the International Criminal Court, and the Court is yet to issue a single arrest warrant. We hope that, in the coming days, that situation will come to an end and that the path to end impunity will finally be open. Some have resorted to every argument and every tactic to shield Israel and to delay and deny justice for Palestinian victims. We are in an era in which war criminals are shielded and prosecutors and judges are punished. We all need to stand united against threats and sanctions that aim to interfere in the work of the Court for upholding its sacred mandate. We reject the claim that seeking accountability through the ICC is somehow unhelpful, as it could jeopardize peace efforts, as if war crimes are compatible with the pursuit of peace but accountability is not. That runs counter to the principles and values enshrined in the Rome Statute. Every pretext, every excuse and every tool has been used until the war crimes that Palestinians endured turned into the genocide that they are enduring now. Israeli impunity is still prevailing. It must come to an end. There is a people whose only crime is that they are the sons and daughters of this land and that they refuse to leave it. Their crime is that they are Palestinian. They are guilty because of who they are, and their crime is punishable by death — a whole nation condemned to choose between collective capital punishment and mass forcible displacement, between genocide and ethnic cleansing. It is the responsibility of every State represented here to stand against war crimes, crimes against humanity, genocide and aggression, regardless of the identity of the perpetrators and the identity of the victims. Never again means never again by anyone, against anyone, anywhere and everywhere. It means refusing to shield the perpetrators and refusing to abandon the victims. Let us uphold the law for the benefit of all — our people and the peoples of Member States — for a future of shared freedom, peace and security for all children, for all States and for humankind. Those who dare to use the pledge “never again” to justify atrocities instead of combating them and to shield perpetrators instead of holding them accountable betray the victims of the past and those of the present and jeopardize our common future. Do not let them.
China thanks President Akane for her report (see A/79/198) on the work of the International Criminal Court (ICC) and congratulates the six new judges who took office this year. China notes that, over the past year, the Court has engaged in cooperation with relevant countries and international organizations, pursued investigations, trials and victim support, among other things, made progress in formulating and updating its internal policies and advancing the education and dissemination of international criminal law and maintained communication with the parties concerned regarding cases referred by the Security Council. Today’s world is not peaceful. The international situation is complex and volatile, and the ICC is dealing with an increasing number of situations and cases. Some cases involve disputes, such as exercising jurisdiction over non-States Parties and unilateral sanctions, while other cases are closely related to regional hotspot issues. The international community pays close attention to how the ICC can exercise its jurisdiction with impartiality, in accordance with its mandate, and properly handle the cases concerned. China wishes to reiterate that the ICC should adhere to the mandate of the Rome Statute, strictly abide by the principles of complementarity and international cooperation, address the situations concerned independently, objectively and impartially, investigate, prosecute and try cases in accordance with international law and interpret and apply the Rome Statute and general international law comprehensively and in good faith, based on uniform standards. In its work, the Court should balance justice with peace and stability, take into account the well-being of the regions and peoples concerned, play a constructive role in properly settling issues and avoid becoming a tool for political rivalry. In accordance with universally recognized international law, incumbent Heads of State should enjoy personal inviolability and absolute immunity from criminal jurisdiction and, after their term of office ends, should continue to enjoy immunity with respect to acts performed in an official capacity during such term of office. Article 27 of the Rome Statute provides that the Court shall exercise its jurisdiction without being limited by the immunity of State officials. That provision should apply only to States Parties and should not be binding on non-States Parties, as that would go against the principle that treaties are not binding on third parties. The Court should also refrain from making requests for cooperation that could lead to the violation by the requested State of its obligations with regard to the immunity enjoyed by third parties. China notes that a number of countries have recently submitted proposals on the crime of ecocide to the Secretary-General and to the Assembly of States Parties to the Rome Statute. The Earth is the shared home of humankind, and it is the common responsibility of all countries to protect the ecological environment. As to how to define the crime of ecocide and whether it should be handled by national courts or international judicial bodies, we have yet to see the practice in the States concerned, and there are still many theoretical issues that need to be studied. China has always attached great importance to the significant role played by international criminal justice institutions in ensuring fair punishment for the most serious international crimes and bringing about equitable justice. We hope that the International Criminal Court, through its objective and impartial judicial activities, will uphold justice, promote peace and security and effectively gain the trust and support of the international community.
I thank the President of the International Criminal Court (ICC) for presenting the report on the Court’s activities between 1 August 2023 and 31 July of this year, contained in document A/79/198. The record of the Court’s judicial work contained in the report demonstrates the Court’s important role in the global fight against impunity for the most serious crimes of concern to the international community. During the reporting period, one accused person was convicted, and three other trials continued in the courtrooms; a judicially ordered reparations programme was completed for the first time; the Court issued the largest-ever reparations order for the benefit of victims; and four new arrest warrants were issued. In addition, more than 16,000 victims participated in cases before the Court. Peru underlines the importance of reparations in the context of the Court’s work and of voluntary contributions to the Trust Fund for Victims. Thanks to the programmes carried out under the Trust Fund, approximately 24,000 persons were able to benefit, which represents an increase of approximately 53 per cent as compared to 2022. Reparations are a key pillar in upholding dignity and restoring the rights of those who have suffered the horrors of international crimes. We also take note of the Court’s judicial proceedings on the situations concerning the Democratic Republic of the Congo, Uganda, the Central African Republic, Darfur, Kenya, Libya, Côte d’Ivoire, Mali, Georgia, Burundi, Afghanistan, Bangladesh/Myanmar, the State of Palestine, the Philippines, the Bolivarian Republic of Venezuela and Ukraine. The situation in Ukraine remains a major concern for the international community. It is therefore essential that the Court continue to be supported in its efforts to ensure peace and security in the region. On the situation in Mali, the first instance conviction of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for war crimes and crimes against humanity committed in Timbuktu is noteworthy. That trial illustrates the importance of the Court’s role in protecting human rights in conflict- affected areas. With regard to the situation in Uganda, Peru highlights the significance of the judgment in the case of Dominic Ongwen, in which a historic reparation of €52.4 million was set, representing the largest reparation to victims ordered in any case before the Court to date. It sets a significant precedent in justice for victims of war crimes and crimes against humanity. That is of the utmost importance given that the Court seeks not only to punish the perpetrators, but also to rebuild the lives of the victims. Peru welcomes the new policies on children and on gender-based crimes adopted by the Office of the Prosecutor in 2023. We also welcome the implementation this year of its policy on complementarity and cooperation in order to deepen its partnerships with States, civil society and regional and international organizations. In the current situation, marked by significant challenges, such as difficult operational contexts, resource constraints and global humanitarian crises, such measures to strengthen the Court and the international criminal justice system are urgently needed. It is essential that States commit to including war crimes, crimes against humanity and the principles of the Rome Statute in their legal systems by establishing or improving national cooperation mechanisms with the Court and by training legal professionals in the investigation and prosecution of international crimes, in particular as part of mandates to support judicial and correctional institutions in post- conflict situations. Peru notes with concern that the Court continues to face challenges and increasing external threats, in addition to pre-existing attacks, such as the arrest warrants issued against several judges and the Prosecutor of the Court for the performance of their independent mandates. Peru strongly condemns such actions and reiterates the need to protect the independence and integrity of the Court so that it can continue to play its crucial role without undue interference. Cyberattacks and serious threats against the Court or its staff are unacceptable. In that regard, we call on all Member States to strengthen their support to the Court in material, financial and political terms. In a context marked by conflicts and humanitarian emergencies, as the first and only permanent international criminal court in the world, the Court needs the firm support of the international community and the resolute cooperation of States Parties so that it can fulfil its mandate to ensure justice for the victims of war crimes and crimes against humanity. In conclusion, as a State party to the Rome Statute, Peru reaffirms its commitment to international law, the promotion and protection of human rights and international humanitarian law, which it believes to be the basic prerequisites for achieving peaceful and inclusive societies and for delivering prompt and timely justice that respects due process and is independent and, in particular, able to combat impunity. Peru supports all initiatives aimed at ensuring that perpetrators of serious violations of human rights and international humanitarian law are held accountable for their actions, since we must safeguard a rules-based international order, in which access to justice and accountability are fundamental pillars and contribute to the maintenance of international peace and security.
At the outset, my delegation would like to thank Judge Tomoko Akane for presenting the report (see A/79/198) on the activities of the International Criminal Court (ICC) (see A/79/PV.26) and express our appreciation for the joint efforts of the Court’s organs to continue to administer justice in accordance with the Rome Statute in a context of great challenges. In the complex global situation of armed conflicts and confrontations between States and non-State armed groups, the ICC has become a core element in diplomacy to fight impunity and strengthen the rule of law by ensuring that the most serious crimes do not go unpunished, thereby promoting respect for international law. In that regard, it is the responsibility of States Parties to the Rome Statute to ensure that the Court remains strong and robust. Given its nature as an international court, the ICC cannot function without the active and effective cooperation of States Parties in the investigation and trial phases. In that context, we highlight that Argentina was the first State party to sign all cooperation agreements with the ICC, which once again demonstrates the commitment of the Argentine Republic to international justice and international law. In the same vein, we would like to note that in February, Argentina signed 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, initiated by my country, the Argentine Republic, Belgium, Slovenia, Mongolia, the Netherlands and Senegal. The new Convention will significantly help to strengthen the principle of complementarity. As we work to improve the performance of the Court, we cannot forget that States have the primary responsibility to investigate and prosecute the most serious crimes of international concern, in accordance with the principle of complementarity, which is the backbone of the Statute. We call on all States that have not yet done so to include the crimes and principles of the Statute in their national laws, thereby ensuring effective complementarity.
The Cuban delegation reiterates its commitment to the fight against impunity for crimes of concern to the international community. At the same time, we note with concern the current international situation, marked by the withdrawal of some members from the Rome Statute, which undermines the principles of international law. We believe that it is now more necessary than ever to have an independent judicial institution that delivers justice. However, based on the provisions of articles 13 (b) and 16 of the Rome Statute, the reality is that the institution is far from being independent, given the immense powers that those articles grant the Security Council in relation to the work of the International Criminal Court. That situation reflects the gradual undermining of the essence of that body’s jurisdiction, violating the principle of the independence of judicial bodies and transparency and impartiality in the administration of justice. The prerogative of the Security Council to refer situations to the Court confirms the negative trend of a selective policy towards developing countries in the name of a supposed fight against impunity. Cuba therefore reiterates its position in support of establishing an international criminal jurisdiction that is impartial, non-selective, effective, fair, complementary to national justice systems, truly independent and therefore free of subordination to political interests that could distort its essence. The International Criminal Court cannot disregard international treaties or the principles of international law. The Court must respect the principle of law regarding the consent of the State to be bound by a treaty, which is enshrined in article 11 of Part II of the Vienna Convention on the Law of Treaties, of 23 May 1969. Once again, Cuba expresses its serious concern over the precedent created by the decisions of the Court to initiate judicial proceedings against nationals of non-States Parties to the Rome Statute, which have not even accepted its jurisdiction, in accordance with article 12 of the Statute. The International Criminal Court must report its activities to the General Assembly on the basis of the provisions of its Relationship Agreement with the United Nations. Cuba is willing to continue to actively participate in the negotiation processes related to the international court, especially the resolution “Report of the International Criminal Court”, which is adopted by the General Assembly every year and which should reflect the positions of both States Parties and non-States Parties to the Court. In conclusion, Cuba reaffirms its will to fight against impunity and maintains its commitment to international criminal justice, adherence to the principles of transparency, independence and impartiality and respect for international law.
My delegation takes note of the various documents issued under this agenda item and congratulates all those involved. We endorse the statement made by the representative of Uganda on behalf of the African States members of the International Criminal Court (ICC) (see A/79/PV.26) and would like to make the following remarks in our national capacity. Last year marked the twenty-fifth anniversary of the Rome Statute of the ICC. However, we are still bitterly disappointed that the efforts of the Court and the ongoing commitment of the international community in the fight against impunity for the most serious crimes have not succeeded in putting an end to the worst human rights violations. On the contrary, our meeting is taking place against the backdrop of a global upsurge in conflicts, in which innocent people are victims of massacres, atrocities and violations of their most basic rights. In the central Sahel region of Burkina Faso, the atrocities committed by an armed terrorist group are a perfect illustration of that. For nearly 10 years, terrorists have been systematically violating the fundamental rights of our people, in particular the right to life, the right to health, the right to food, the right to education, the right to a healthy environment and the right of access to public services. Those extremely serious crimes have devastating humanitarian and social consequences. To deal with such crimes, my country is convinced that the primary responsibility for investigating and prosecuting them lies with national jurisdictions. That is why Burkina Faso, which acceded to the Rome Statute on 6 April 2004, has taken the necessary legal and administrative steps to incorporate the Rome Statute in its positive law. The law that sets out the jurisdiction and procedure for the implementation of the Rome Statute by Burkina Faso’s courts, in addition to providing a framework for the prosecution and punishment of international crimes, governs judicial cooperation and punishes attacks on the administration of justice by the ICC. In addition, through its Penal Code and its Code of Criminal Procedure, my country has granted its courts the power to hear cases involving crimes that fall within the Court’s substantive jurisdiction. We cannot fulfil the promise of an effective fight against impunity for serious crimes without a strong international criminal justice system that respects the fundamental principles of international law, in particular the sovereign equality of States, non-interference in internal affairs and the immunity of Heads of State in office. To that end, my country once again calls on the Court to carry out a thorough review, aimed at strengthening impartiality and non-selectivity in the consideration and handling of serious human rights violations, regardless of the country or continent in which they occur. It is only by ridding itself of the shrouds of suspicion that the ICC will gain credibility and achieve universality and full implementation of the Rome Statute. My country believes that the principle of complementarity is one of the fundamental principles of international criminal justice. It is therefore essential, on the one hand, to strengthen the capacity of national jurisdictions in terms of investigation and prosecution and, on the other hand, to enhance cooperation between the ICC and States. My country welcomes the measures taken in support of victims and the efforts made under the Trust Fund for Victims. During the reporting period, more than 17,000 victims were able to benefit from individual and collective reparations, including medical treatment, psychological rehabilitation and socioeconomic support. My country welcomes the initiatives to further mobilize additional resources and encourages States to continue to make contributions to the Trust Fund for Victims. The dynamic cooperation that the Court has undertaken in recent years with States, the United Nations and regional organizations should be maintained and strengthened. Such cooperation enables the Court to be effective in its investigations and prosecutions, as well as to enhance its credibility. In conclusion, Burkina Faso reiterates its commitment to an international criminal justice system that is inclusive, effective and transparent and that respects the fundamental principles of international law.
Chile welcomes the comprehensive report (see A/79/198) presented by the President of the International Criminal Court, Ms. Tomoko Akane, for the period from 2023 to 2024 (see A/79/PV.26). We note with appreciation the activities carried out by its various organs, including its judicial and prosecutorial proceedings, and the work of the Registry. My delegation would like to begin by reaffirming its full support for the International Criminal Court and the activities of its organs under the Rome Statute. We recognize that, for it to effectively perform its functions, the continued support of States Parties to the Statute, as well as the safeguarding of its autonomy and independence, is essential. The Court not only plays a vital role in investigating and punishing the most serious international crimes under its jurisdiction, but its existence also acts as a powerful deterrent. In that context, we highlight the commendable work of the Trust Fund for Victims of the International Criminal Court, which has been instrumental in advancing justice and reparations for victims of serious crimes. During the reporting period, the Fund successfully completed the reparations in the case of The Prosecutor v. Germain Katanga and began to prepare the recently ordered reparations in the case of The Prosecutor v. Dominic Ongwen. Chile welcomes the fact that, in 2023, the Fund directly benefited 24,000 people thanks to a 40 per cent increase in voluntary contributions, reflecting a renewed commitment by States to supporting victims. We also note that the Fund has implemented collective reparations in Timbuktu in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi. We thank all the countries that contributed to the Fund and call on others to strengthen it so that it can continue to fulfil its mandate to provide the necessary reparations to those most in need and, consequently, ensure that victims finally receive justice. Chile also highlights the actions of the Court that, during the reporting period, convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of war crimes and crimes against humanity committed in Timbuktu, in Mali, and issued four new arrest warrants in the situation in Ukraine. The Court also resumed the investigation into the situation in the Bolivarian Republic of Venezuela and gave States, academics and civil society in general the opportunity to participate in an amicus curiae process on the situation in the State of Palestine. Chile, together with Mexico, submitted their legal opinions in support of the Court’s jurisdiction, while stressing the importance of the principle of complementarity. However, we express our concern over the lack of significant progress in the situation in Afghanistan, where the deterioration in women’s rights is alarming. From the restriction of their fundamental freedoms to the exclusion of their participation in public life, that situation compounds the perpetration of crimes against humanity and is becoming increasingly critical. It is essential that effective measures be taken to address the crimes against humanity that Afghan women suffer on a daily basis. Chile would like to stress that it is important that the Court, its officials and staff carry out their professional duties as international civil servants free from intimidation; otherwise, it will not be possible for them to fulfil their mandate. Chile therefore reaffirms its unwavering support for the Court as an independent and impartial judicial institution and reiterates its commitment to upholding and defending the principles and values enshrined in the Rome Statute. In the twenty-first century, we cannot tolerate any threat, attack or political interference targeting the Court, its staff or those who cooperate with it. Given the increase in armed conflicts presenting challenges to accountability, Chile believes that the work of the International Criminal Court, as a permanent, independent and impartial court, is crucial to assisting the international community in delivering justice for victims in all situations. In conclusion, Chile reiterates its commitment to the universality of the Rome Statute and its full faith in the importance of the International Criminal Court in combating impunity and in preventing actions that shock the conscience of humankind. Chile welcomes Ukraine for its recent depositing of the instrument of ratification of the Rome Statute, which would mean that the country can fully participate in the International Criminal Court. We invite other States that have not done so to do the same.
At the outset, I wish to thank the Secretary-General for his reports (A/79/197 and A/79/199). I would also like to extend my gratitude to the President of the International Criminal Court (ICC) for her statement and the comprehensive report of the ICC (see A/79/198). During the reporting period, we take note of the significant development on the conviction by Trial Chamber X in the case of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes against humanity and war crimes committed in Timbuktu, Mali. This case demonstrates the Court’s crucial capacity to deliver justice for serious international crimes. In the light of this development, I would like to emphasize the pressing need for similar judicial attention to the situation in Myanmar, where comparable grave crimes continue to be perpetrated with impunity. The Rome Statute and the ICC stand as cornerstones of contemporary international justice, marking humanity’s commitment to ending impunity for the gravest crimes. We take note of the reported progress in investigations at the ICC that should establish a foundation for applications for arrest warrants to the situation in Bangladesh/Myanmar. While welcoming these developments, we emphasize the pressing need to expedite this process. At the same time, the Court must remain vigilant and continue documenting current crimes being committed and must consider taking necessary actions within its mandate to address these ongoing violations. In this regard, I wish to recall that, on 17 July 2021, Myanmar submitted a declaration, in accordance with article 12, paragraph 3, of the Rome Statute, to the Registrar of the ICC, acknowledging the Court’s jurisdiction over crimes committed in our territory since 1 July 2002. Through this declaration, the people of Myanmar have high hopes that the Court will open a preliminary examination or expand the scope of its current investigation. The people of Myanmar are in urgent need of meaningful international accountability for the ongoing serious international crimes committed by the military junta. Here, I wish to echo the renewed calls by the United Nations High Commissioner for Human Rights on the Security Council to refer the full scope of the current situation in Myanmar to the ICC. The National Unity Government’s declaration capacity in accordance with article 12, paragraph 3, of the Rome Statute merits serious legal consideration under the current circumstances. Through effective coordination, resistance forces maintain an administrative presence in approximately 85 towns and cities across Myanmar, demonstrating substantive territorial control which could support cooperation obligations with the Court. This evolving situation, alongside the robust documentation mechanisms, provides a basis for examining its institutional capacity. The military junta continues to perpetrate extensive violations that constitute crimes under the Rome Statute. During the reporting period, documented civilian casualties exceeded 5,886 through various means, including massacres, extrajudicial killings, indiscriminate attacks against civilian populations and other serious violations of international law. More than 21,000 individuals, including national leaders and democratically elected representatives, remain in arbitrary detention. More than 100,000 homes were burned down or destroyed. According to the Independent Investigative Mechanism for Myanmar and other credible international documentation, there is substantial evidence of systematic atrocities against civilians and prisoners of war, including torture and wilful killing, as well as deliberate attacks against protected objects, such as medical facilities, cultural properties and educational institutions. Recently in Budalin Township, the military forces perpetrated egregious atrocities, methodically executing 24 civilians, including children, women and elderly, followed by deliberate mutilation and display of the remains of some of them, with their heads and bodies hanging on fences of civilian houses. Those acts, transcending mere violations of international law, constitute both war crimes and crimes against humanity and fundamentally assault human dignity and civilized values. The ICC and the Rome Statute system were established precisely to address such grave crimes, upholding foundational principles of international criminal justice. Therefore, in the light of those atrocities and the continued suffering of civilians across Myanmar, we call upon the Court to take necessary actions against the military junta in accordance with its mandate. Time is of the essence, as each day of inaction enables the military junta to commit further atrocities against the population. The international community must recognize that any action to shield the perpetrators not only undermines global justice but also bears moral responsibility for the continued suffering of Myanmar’s people.
Trinidad and Tobago values the opportunity to contribute to this debate on agenda item 74, entitled “Report of the International Criminal Court”. We have taken note of the reports and the note of the Secretary- General, contained in documents A/79/197, A/79/199 and A/79/198, respectively. We welcome the presence and participation of Judge Tomoko Akane, President of the International Criminal Court (ICC) and thank her for her comprehensive and informative presentation. His Excellency Arthur Napoleon Robinson, the late former President and Prime Minister of Trinidad and Tobago, devoted much of his early career as a staunch advocate for global justice and worked tirelessly along with others to bring the Court into existence. His unwavering belief in the utility of the Court was exemplified when he stated, “my conviction is that in spite of whatever opposition exists or may arise in the future, the Court will be hailed as one of humanity’s greatest achievements”. Today we harbour no doubt that if the Court were not in existence, one would have had to be created. Trinidad and Tobago therefore remains fulsome in its support of the Court’s mandate, to put an end to impunity for perpetrators of the most heinous crimes and to provide a glimmer of hope to all victims of such crimes seeking justice within the jurisdiction of the Court. Accordingly, Trinidad and Tobago maintains its posture of encouraging all States that have not yet done so to ratify and fully implement the Rome Statute of the International Criminal Court. In this regard, we congratulate the Republic of Armenia and the Republic of Ukraine, the two most recent members of the Court. Our robust support for the universalization of the Court is grounded in the conviction that the ICC plays an important role in promoting peace and justice, in alignment with Sustainable Development Goal 16, as well as assisting States to strengthen their institutions. We believe that these interactions are vital and can positively impact the socioeconomic fortunes of communities, States and, by extension, regions. Furthermore, Trinidad and Tobago reiterates that through increased cooperation with States, the Court would be better placed to effectively discharge its mandate. To that end, Trinidad and Tobago encourages States to cooperate with the Court, as necessary, at all stages of investigations and proceedings, including in the issuing of arrest warrants and the transfer of suspects to be tried by the Court. We underscore that those refusing to cooperate with the Court are, in effect, actively contributing to a culture of impunity, which weakens the rule of law and amounts to an affront to victims and survivors of grave crimes. Trinidad and Tobago emphasizes that no individual or State should fear the ICC, as it is a court of last resort, which does not in any way threaten national sovereignty. The jurisdiction of the Court can be invoked only when States are either unable or unwilling to prosecute those alleged to have committed grave crimes, and, consistent with international law, the presumption of innocence has universal appeal. Therefore, all individuals brought before the Court are presumed innocent until proven guilty. We have noted that owing to increasing external threats against the institution, the security of the Court and its officials was one of the highest priorities of the Court’s leadership during the reporting period. In this connection, it is important for Trinidad and Tobago to accentuate that any attempt to impede, intimidate or improperly influence the Court or its officials not only contravenes the Rome Statute, but also deserves our strongest condemnation. For Trinidad and Tobago, the promotion of gender equality and equity is a priority in our national development strategy. We therefore applaud the ICC for being a trailblazing exemplar in the promotion of women’s rights and gender perspectives. We have therefore taken note, with satisfaction, of the Court’s objective of integrating an intersectional approach to gender equality across all levels of its work, acknowledging the importance of a fair and inclusive workplace. We continue to highlight the critical role played by the Trust Fund for Victims in assisting victims and survivors to return to a dignified livelihood in their communities. We continue to encourage States and other entities with the wherewithal to do so, to contribute to the Trust Fund. We also congratulate the Office of the Prosecutor on its new Policy on Complementarity and Cooperation, which provides a platform for the ICC to deepen its partnerships with other stakeholders, such as civil society and regional and international organizations. In closing, we extend our congratulations to all the judges who were elected during the twenty-second session of the Assembly of States Parties, in December 2023. I am also pleased to confirm that Trinidad and Tobago has co-sponsored the draft resolution on the Report of the International Criminal Court (A/79/L.8) and shall continue to advocate robustly for the universalization of the Rome Statute.
Mr. Pittakis CYP Cyprus on behalf of my country #107404
It is my honour to address the General Assembly on this item on behalf of my country, Cyprus. Cyprus aligns itself with the statement delivered on behalf of the European Union and its member States (see A/79/PV.26) and wishes to add some remarks in its national capacity. We wish to congratulate Judge Tomoko Akane on her election as President of the International Criminal Court (ICC) and the new judges on commencing their term in the Court. We also wish to express our gratitude to President Akane for her introduction of the report (see A/79/198). Last year, we celebrated the twenty-fifth anniversary of the Rome Statute. Today, the International Criminal Court remains the only permanent, treaty-based, international criminal tribunal. Cyprus has always been a strong supporter of the ICC. Together with other States Parties, we have been striving along to consolidate it as an independent and impartial judicial institution of the highest quality. Cyprus also continues to work for the universal ratification and full implementation of the Rome Statute and calls on all Member States to become parties to the Rome Statute. In this regard, we welcome Armenia to the Court, and also the recent ratification by Ukraine of the Rome Statute. The International Criminal Court has jurisdiction over the crime of genocide, war crimes, crimes against humanity and the crime of aggression. These crimes represent grave violations of international law, notably the Charter of the United Nations, human rights and international humanitarian law. The Court has a pivotal role in tackling impunity, ensuring accountability and preventing recurrence of these most serious crimes of international concern. It is expected to provide justice for these heinous crimes, in accordance with the principle of complementarity. In respect of the Amendments to the Rome Statute of the International Criminal Court on the crime of aggression, Cyprus notes that, as a victim of foreign aggression itself, it was one of the first countries to ratify the amendment, which has been embedded in the jurisdictional regime of the Rome Statute since July 2018. Cyprus urges all States Parties to the Rome Statute to do the same in order to enhance the fight against impunity when it comes to the crime of aggression. In this regard, Cyprus welcomes the initiative aimed at expanding and strengthening the International Criminal Court’s jurisdiction on the crime of aggression. It is our view that it would be in the interest of international criminal justice if the Court acquired jurisdiction over the crime of aggression, in accordance with the jurisdictional bases applicable to the other crimes envisaged in the Rome Statute, so that the jurisdiction over all four crimes of the Rome Statute will be harmonized. Cyprus also wishes to highlight the independence of the Court in accordance with articles 40 and 42 of the Rome Statute. The Court, its officials and staff should carry out their duties as international civil servants without intimidation, political interference and pressure. All attacks and threats against the Court are unacceptable. Cyprus reiterates its commitment to upholding and defending the values and principles enshrined in the Rome Statute and preserving the Court’s integrity. We also call on all States to ensure full cooperation with the Court for it to carry out its important mandate. Finally, we must stand up for the Trust Fund for Victims, an essential pillar of the ICC system. Its work has been truly remarkable in providing reparations, assistance and physical and psychological rehabilitation for the victims of the most heinous crimes. Cyprus, having suffered its share of war crimes and having supported victims of such crimes for years, knows and understands the importance of an organized and experienced mechanism offering the necessary support for the victims to carry on their lives. Our continuous financial support to the Trust Fund should be considered a given. At the same time, we urge all States Parties to continue or even enhance their efforts in supporting the Trust Fund.
The Maldives expresses its appreciation to the International Criminal Court (ICC) and its officials for their unwavering commitment to upholding justice and relentlessly working to combat impunity for heinous crimes. The ICC’s work reminds us that those responsible for grave injustices cannot evade the reach of justice. The receipt of victims’ applications for reparations highlights the urgent need for recognition and redress. Yet, recognition alone is not sufficient; justice requires tangible actions. We welcome the decision of Pre-Trial Chamber I to accept written observations from amici curiae and support the filing of applications for arrest warrants against those responsible for egregious crimes. Those steps signal the international community’s commitment to justice and the rule of law. The ICC’s work in other regions shows its role not just in prosecuting, but also in providing reparations to victims, reflecting the Court’s restorative mandate. We commend the ICC’s new policy on gender-based violence and crimes, acknowledging the disproportionate suffering of women and children in conflict. Addressing sexual violence and crimes against the most vulnerable is a necessary evolution in the Court’s prosecutorial strategy. The Maldives condemns any attacks, cyber or otherwise, targeting the ICC. Such actions are affronts to international peace and the rule of law. We call on all States to safeguard the Court’s independence. The ICC is vital for justice to endure. The ICC must remain an independent and impartial forum for addressing the gravest violations of international law. The Maldives stands by the principle that justice protects the powerless against the powerful, ensuring that no one is above the law. The Maldives is deeply concerned about the deteriorating situation in the occupied Palestinian territory, particularly in Gaza and the West Bank, including East Jerusalem. The ongoing crisis has far-reaching implications, destabilizing the region and spilling over into broader global security. The ICC’s investigation into alleged crimes against the Palestinian people is not just a legal obligation, it is a moral imperative. The question to the ICC is this: What is preventing the Court from issuing arrest warrants against Israeli leaders accused of war crimes? Justice delayed is justice denied. The shielding of the powerful from accountability fundamentally undermines international justice. For years, Palestinian pleas have echoed unanswered in halls of power, a stark failure, not only evident politically, but also morally. As a State party to the Rome Statute, the Maldives emphasizes the importance of upholding international law and the values of justice and accountability. We stand firmly with the Palestinian people in their pursuit of self-determination and statehood. We reiterate our call for a lasting, just solution, with an independent State of Palestine, with East Jerusalem as its capital, in line with the pre-1967 borders. We urge the global community to support the ICC’s mission and advocate for universal acceptance of the Rome Statute.
Before I commence, I would like to express my gratitude to the President of the International Criminal Court (ICC) for her presentation of the Court’s report (see A/79/198). The Islamic Republic of Iran attaches great importance to fighting impunity and the effective prosecution of criminals through appropriate frameworks and follows developments and trends in the work of the Court. The ICC has been entrusted with the critical responsibility of ensuring that perpetrators of the most egregious crimes under international law do not operate with impunity. The objective sought in conferring such a mandate upon the Court emanates from the very idea that certain serious crimes, considered delicta juris gentium, deeply shock the conscience of humanity and thus require arrangements that, while being complementary to national jurisdiction, provide a framework to effectively prosecute such crimes. Such an important responsibility has instilled strong expectations in the international community as a whole that the Court should reject politicization, double standards and selectivity, and that the Court, acting in accordance with its Statute and international law, in particular the fundamental principles of international law, as enshrined in the Charter of the United Nations, should bring criminals to justice. This expectation, which is deeply rooted in the very aspiration sought in the establishment of the Court, as reflected in the preamble of its Statute, could never be more relevant than in the present time, when the horrific commission of crimes against humanity, war crimes and genocide against the Palestinian people outrage the collective conscience of mankind. The situation in Palestine is dire owing to the persistent, brutal attacks of the Israeli regime which encompass a broad range of serious crimes, whose physical and mental elements, that is, actus reus and mens rea, are manifest. These widespread and systematic attacks have killed more than 45,000 Palestinians, including women and children, inflicted gross bodily harm on more than 90,000 people, leaving many in critical health conditions or disabled for life. The said regime continues to inflict severe conditions of life upon Palestinians, while also forcibly displacing millions. It deliberately conducts attacks against the United Nations humanitarian centres, places of worship, hospitals and other medical centres, and imposes starvation against Palestinians as a method of warfare. As echoed time and again in various forums at the international level, including within the United Nations, especially at the present meeting under this agenda item, the situation of the Palestinian people and the egregious crimes committed and being committed against them is a matter of grave concern to the international community as a whole. Such concerns must be translated into urgent action. The active aid and assistance of certain countries in the commission of atrocious crimes against Palestinians, including through the transfer of arms, is not the only reason for the continuation of the catastrophic situation in Palestine. Rather, the situation also results from the inaction and emission of the international community. We continue to condemn in the strongest possible terms the horrific crimes committed by the Israeli regime against the Palestinian people and highlight that the very notions of justice and ending impunity would be at stake if the international community failed to stop the commission of horrendous crimes against Palestinian people. The United Nations and all relevant judicial bodies and tribunals should be responsive, as all States remain under an obligation to prevent and counter genocide that is being committed against Palestinians. It goes without saying that double standards and selectivity, whether employed by States or induced against the Court, are no less compromising than the current regrettable failure to stop these heinous crimes. Claims are few on the importance of ending impunity and bringing perpetrators of international crimes to justice, while their Governments actively aid and abet the Israeli regime and the perpetration of egregious crimes against the Palestinian people or otherwise acquiesce to such crimes, in a clear deplorable instance of double standards and selectivity. Such dishonest approaches adversely impact Palestinians who are the victims of such crimes. It is also concerning to observe attempts aimed at reversing the place of victims and culprits. The struggle of the Palestinian people in realizing their right to self- determination and ending the occupation of their motherland should not be compromised under misleading nomenclature. We reiterate that the independence and impartiality of the Court, its judges and staff and the exercise of their functions free from undue influences or external threats are essential for the sound administration of justice and cultivating confidence and trust in the institution. In conclusion, regarding the draft resolution (A/79/L.8), we thank the facilitator of the process and highlight that views of non-parties need to be appropriately taken into account, and matters that in principle run afoul of international law or risk venturing into uncharted territories of international law need to be avoided. This is important to ensure clarity of the content of resolutions and to promote the active engagement of all delegations.
Ukraine aligns itself with the statement delivered on behalf of the European Union (see A/79/PV.26) and would like to make remarks in our national capacity. Ukraine welcomes the report presented by the President of the International Criminal Court (ICC) (A/79/198). Undoubtedly, the International Criminal Court has a leading role in ending impunity for international crimes, holding perpetrators accountable and ensuring justice to victims and survivors. We highly appreciate the role of the ICC regarding the situation in Ukraine. Today, war crimes and crimes against humanity committed during Russia’s aggressive war against Ukraine are being investigated by Ukraine and a number of other States, as well as by the ICC. Ukraine has already worked effectively with the ICC to ensure comprehensive accountability for all Russian atrocities committed in the course of its aggression. We welcome the most recent four arrest warrants against Sergei Shoigu, Minister of Defence of the Russian Federation, Valery Gerasimov, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence, Sergei Kobylash, Lieutenant General in the Russian Armed Forces and commander of the long-range aviation of the Aerospace Forces, and Viktor Sokolov, Admiral of the Russian Navy and Commander of the Black Sea Fleet. All four individuals are allegedly responsible for the war crime of directing attacks at civilian objects, the war crime of causing excessive incidental harm to civilians or damage to civilian objects and the crime against humanity of inhumane acts, allegedly committed from at least 10 October 2022 until 9 March 2023. During the more than two and a half years of Russian invasion, we have faced a broad spectrum of Russian brutality. One such example is the systematic torture and inhumane treatment of Ukrainian prisoners of war and civilians. More than 100 Ukrainian soldiers have been executed by the Russians upon capture. This figure has increased over the past year. Recently, there have been more cases of execution. As reported on 18 October 2024, representatives of Russian armed forces captured two Ukrainian servicemen in the Pokrovsky district, after which they were shot. It is important to prevent impunity for this terrible crime under the Rome Statute. These crimes are not isolated incidents, but a deliberate policy on Russia’s part. We hope for a proper investigation and reaction of the ICC in this regard. This year, Ukraine became the 125th member of the International Criminal Court. Ratification of the Rome Statute is not only a necessary condition for Ukraine’s integration into the European Union; it is also a clear signal that Ukraine shares the principles of an international order based on laws and rules and fully prepared to act in line with those principles. Regarding the report of the Secretary-General on information relevant to the implementation of article 3 of the Relationship Agreement between the United Nations and the International Criminal Court (A/79/199), we would like to state that the format of the report is not comprehensive enough. We would like to see more information on meetings conducted with persons subject to ICC arrest warrants, in particular, the Russian Federation’s Presidential Commissioner for Children’s Rights, Maria Lvova-Belova, and the President of the Russian Federation. Trivializing the context of the United Nations high-level officials’ meetings with persons subject to ICC arrest warrants or merely formal notifications to Member States about these meetings undermines trust in both the letter and the spirit of the Relationship Agreement between the United Nations and ICC. Let me remind members that “if the person holds a position of authority in a State, every effort should be made to meet and liaise with individuals other than the person subject to a warrant of arrest in order to conduct business” — this is a direct quote from the United Nations guidance on contacts with persons who are subject to arrest warrants or summonses issued by the ICC (see A/67/828). We welcome the ICC Pre-Trial Chamber’s early decision, on 24 October, on Mongolia’s failure to comply with the Court’s request to cooperate in the arrest and surrender of Vladimir Putin and its referral to the Assembly of State Parties. No immunity is a presumption for committing crimes of global concern. The Chamber reaffirmed once again that arrest warrants cannot be ignored by the Member States and personal immunity, including that of a Head of State, is not opposable before the ICC, and no waiver is required. State 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. Together with all the States Parties to the Rome Statute and the Secretary-General, we must take all possible countermeasures to protect international law and prevent further precedent. Following the ICC’s jurisdiction on Ukraine’s part, everything is being done to ensure that the team of the prosecutors of the Court has all the necessary opportunities to conduct a full and comprehensive impartial investigation, in compliance with the principles of complementarity. The ongoing brutal Russian full-scale invasion and war actions all over the territory of Ukraine continue to challenge the entire system of international law and order. We hope that other heinous crimes by the Russian regime will not remain unnoticed by the Court. Ukraine urges for all possible means to support the Court in its efforts to ensure justice.
At the outset, my delegation would like to align itself with the statement delivered on behalf of the Arab Group (see A/79/PV.26), and we also put on record what follows in our national capacity. Jordan stresses the importance of the active role played by the International Criminal Court (ICC). It was established as an independent international judicial institution. The Court is a cornerstone of international criminal justice for trials and punishment for committing crimes of genocide, crimes against humanity and war crimes, which are grave violations of international law, international humanitarian law and human rights. Jordan has consistently supported the work of the Court very actively, in order to promote its frameworks and structures. We participate in efforts aimed at reforming the Court, thus allowing it to work efficiently and effectively and allowing it to implement standards of justice, geographic balance, gender balance and balanced representation of principal legal systems, in addition to implementing standards of good governance. More than 20 years after the creation of the Rome Statute, we will spare no effort to continue to abide by its principles and to achieve its universality. Jordan supports the Court’s mandate to face impunity, as the principles of impartiality, independence and integrity are enshrined in the Rome Statute. On 14 June, Jordan, in addition to Belgium, Slovenia, Senegal and Chile, issued a joint declaration in support of the ICC and in support of the protection of its independence and its function in the international judicial order. This garnered the support of 94 States Parties to the Rome Statute. This declaration is an important step towards promoting international solidarity and cooperation in the field of criminal justice and protecting the independence of international institutions, thus contributing to ensuring that international crimes do not go unpunished. All eyes are currently on the ICC for it to fulfil its mandate, implement the Rome Statute and protect the principles of independence and impartiality, upon which the Court was based and established. Peace cannot be achieved and conflicts cannot be resolved without punishing the perpetrators of crimes, holding the States behind them legally liable and obtaining justice for the victims of those crimes. There are strong indicators that the crimes committed by Israel and its violations against the Palestinian people in the Gaza Strip and all occupied territories of Palestine amount to crimes of genocide, war crimes, crimes against humanity and ethnic cleansing. There are international criminals who feel today that they are immune and shielded against accountability. Therefore, they are still committing the grave violations with no legal or moral deterrents. They target civilian Palestinians and force them to be displaced. They target hospitals and civil, religious and cultural objects in order to make the Gaza Strip a place where no life is possible. This is erasing the history and culture of an entire population, which is a systematic ethnic cleansing. In this regard, Jordan calls upon States, organizations and civil society to present the Court Prosecutor with evidence. We would like to note the thousands of recordings and videos currently published on social media. Most of them have been recorded and shared by the soldiers and leaders of the Israeli occupation themselves. They have participated and are still participating in the commission of massacres and grave violations of international humanitarian law in the Gaza Strip. In conclusion, we now stand at a critical juncture in the history of humankind. If the international community cannot uphold its responsibilities regarding what is happening in terms the Palestinian people being exterminated, killed and forcibly displaced and starved, this is going to create a precedent regarding how the international community is going to deal with similar crimes in the future. It is worth noting that enabling the ICC as an effective instrument for the international community to enforce international humanitarian law and counter impunity means demanding to hold Israel accountable for the crimes it is committing against the Palestinian people in the Gaza Strip. Jordan emphasizes also the importance of rapidly having the Prosecutor of the Court issue arrest warrants against the leaders of the Israeli occupation, especially now that the Office of the Prosecutor has concluded that there are reasonable grounds to believe that they have committed crimes that fall within the jurisdiction of the Court.
Italy aligns itself with the statement delivered on behalf of the European Union (see A/79/PV.26) and would like to provide some additional remarks in a national capacity. At the outset, I wish to congratulate the new President of the International Criminal Court (ICC) and the new judges on their election. I wish to thank President Akane for presenting a very informative and comprehensive report on the activities carried out by the Court over the past year (A/79/198). Italy has been at the forefront of the development of an effective international criminal justice system, and it considers the Court an indispensable institution and a bulwark against impunity for the perpetrators of the most serious crimes of concern to the international community. As a strong and convinced supporter of the rule of law in international relations, Italy is fully committed to supporting the Court, promoting accountability and upholding the cause of justice, especially in a time in which the basic principles of international law, including those protecting human dignity, are often disregarded. We therefore welcome the significant progress made by the Court in a number of investigations and proceedings, as highlighted in the report. The judicial and investigative activities of the Court in the past year are testament to the relevance of the Court in an age in which the core principles of international law are put into question in too many parts of the world. We welcome Armenia’s recent ratification of the Rome Statute and Ukraine’s deposit of its act of ratification on 25 October. On 1 January 2025, the signature threshold of 125 United Nations Member States, Parties to the Rome Statute, will be reached. States Parties must contribute to consolidate this momentum. That implies a renewed commitment to preserving the integrity of the Rome Statute, promoting its universality, respecting the independence of the Court and ensuring that it is well equipped to carry out its mandate. We continue to express great concern in regard to the threats and the criminal proceedings initiated by one Member State against the Prosecutor and some judges of the Court. Threats and attacks, including cyberattacks and espionage activities, are unacceptable, and Italy will continue to do its utmost to defend the Court’s integrity and independence, regardless of the source of such threats and attacks. We also note with concern the serious challenges that the Court continues to face in relation to its requests for cooperation, including for the execution of its outstanding arrest warrants, and we call on States Parties to comply with their obligations under the Rome Statute. We also stress the obligations under international law upon all United Nations Member States, in particular in cases referred to the Court by the Security Council. We are also following with great attention the ongoing reform process, which offers an important opportunity to enhance the Court’s delivery of justice, while ensuring full compliance with the principles enshrined in the Rome Statute. We are glad to note that during the reporting period, approximately 24,000 victims participated and benefited from reparation programmes of the Court, especially through the Trust Fund. Sixty-nine per cent of those victims were women, a group that is particularly vulnerable especially in situations of armed conflict. Italy welcomes the prominence that reparations to victims have gained in the Court’s work, as we are convinced that the focus on victims is an essential element of international criminal justice. For this reason, Italy has just approved another voluntary contribution to the Trust Fund for Victims for 2024. By holding the perpetrators of international crimes accountable and repairing the harm suffered by victims and communities, not only does the Court deliver justice, but it also contributes to creating the conditions for sustainable peace. There can be no lasting peace without justice. Finally, we look forward to the adoption of this year’s draft resolution (A/79/L.8) and take the opportunity to thank the Netherlands for its facilitation.
We have heard the last speaker in the debate on this item for this meeting. We shall hear the remaining speakers, followed by action on the draft resolution tomorrow, 29 October, at 3 p.m. in the Hall. The consideration of agenda item 73, entitled “Report of the International Court of Justice”, will be resumed immediately thereafter. The exercise of the right of reply has been requested. May I remind members that statements in the exercise of the right of reply are limited to 10 minutes for the first intervention and five minutes for the second intervention and should be made by delegations from their seats. I now give the floor to the representative of Israel.
Mr. Cappon ISR Israel on behalf of League of Arab States #107411
We regret that once again the Palestinian delegate, supported by Mauritania, speaking on behalf of the League of Arab States, Iran and all their orchestrated supporters, chose to exploit this platform and waste the Assembly’s valuable time again and again. Their dissemination of manipulated misinformation compels us to exercise our right of reply and to set the record straight. Israel has been fighting for over a year a war that it did not start or desire. It started with the worst atrocities against Israeli civilians since the Holocaust — the very crimes about which the world has promised “never again”, and which led to the creation of the Court. On Saturday morning of 7 October 2023, a detailed, planned and unprovoked massacre was executed by the Hamas genocidal terrorist organization against innocent Israeli civilians. Thousands of Hamas terrorists infiltrated Israel and began an inhuman pogrom of unparalleled magnitude, all while filming and proudly boasting of their savage actions on social media. We have many hours of evidence, footage of these genocidal terrorists, filmed with their own body cams and GoPros, while they intentionally killed, beheaded, raped and desecrated bodies of innocent Israeli civilians in the most cruel and abhorrent ways. This is why Israel is in a war against Hamas. We cannot and will not allow our people to go through such horrors for the second time in history. Never again is now. Since the Palestinian representative shamefully abused and weaponized the term “never again” against me, against my people, my nation, let me be clear — “never again” is not just two words that accidentally end up in the same phrase. They hold deep meaning of the painful history of the Jewish people, and any delegate who presumes to use these words in any other context than Holocaust remembrance should humble him or herself to their meaning. If I could, I would have told every story of every victim, every family that has been crushed by loss. But I cannot do that in the short time that we have here. Nevertheless, we will continue this just fight on the battlefield and in the legal arena until the truth comes to light and until we achieve justice for these victims. While Israel is not a party to the Rome Statute and has not changed its long- standing position regarding the Court’s lack of jurisdiction, it is important to emphasize that Israel remains committed to international law. The atrocities committed against Israel and its civilian population on 7 October 2023 — crimes that the international community vowed to ensure would never happen again or go unpunished again — are precisely the type of crimes that led to the creation of the International Criminal Court. Yet, the politicization of various international legal mechanisms is, unfortunately, prevalent. Confronting this politicization remains a serious challenge for the integrity and effectiveness of international criminal justice mechanisms. It must be addressed. The jurisdiction of the Court, which stems from the Rome Statute, is not mere formality. It plays a critical role in preventing the abuse of the judicial process and guarantees that the Court does not exceed the carefully defined mandate entrusted to it. The legitimacy of the Court depends in equal measure on the effective discharge of its mandate and adherence to jurisdictional limitations. Any attempt to exceed the Court’s jurisdiction vis-à-vis States that are not party to the Statute would unjustly infringe upon their sovereign rights and erode the authority of the Court in the eyes of the international community. The Rome Statute required an independent and impartial analysis based on the accurate evaluation of both laws and facts, as supported by evidence. The Rome Statute makes the Court’s jurisdiction conditional on the principle of complementarity, guaranteeing State Parties their statutory right to exercise primary jurisdiction. These important procedural checks on the power of the Court and of the organs supporting it are meant to assure that judicial proceedings are not tarnished by political partisan agendas, which is inherently contradictory to the fundamental principles of due process. Undermining those principles would be a death blow to the integrity of the international criminal project as a whole. Any court and supporting organs that are not free from political manipulation or careless actions forfeit their judicial legitimacy. Indeed, the independence of the Court must be guarded and preserved against the adverse exercise of undue pressure and influence. In today’s environment, it is particularly important to ensure that the Court’s legitimacy as a court of last resort complements national courts by adhering to the limitations of its function, mandate and professional impartiality. The claims voiced in the Hall against Israel are therefore particularly hypocritical and troublesome. They reveal that some actors do not seek for the Court to be independent and grounded in solid fact or law. By taking advantage of this podium to single out Israel rather than to address substantial issues of international criminal jurisdiction, some actors make it clear that the sound and unbiased application of the Rome Statute is not their real aim. Rather, they are seeking to weaponize the Court for their political ends, which is exactly what the Court must not allow. These very actors subvert ongoing judicial proceedings. The politicized claim against Israel as an instrument to influence the Court and its organs is made even more evident by the fact that Israel, which is not a State Party to the Rome Statute, acted to engage with the Court’s organs and even made submissions to it. This is another testament to Israel’s commitment to the rule of law. Some actors present here today do not show the same commitment to the rule of law and to the rules of the Court itself, or even to the fundamental principles of judicial due process. Instead, they choose to slander Israel, pressure the Court and its organs and grossly obstruct ongoing judicial proceedings. Ironically, these are the same voices that so decisively cried out in defence of the Court from attempts to undermine its work and independence, blinded by their own political motivations to infringe upon the legitimacy of the Court.
In exercising the right of reply in response to the statement made by the delegation of Ukraine during this debate, the delegation of Mongolia wishes to make the following remarks. First, Mongolia takes note of the finding of the Pre-Trial Chamber in document ICC-01/22, dated 24 October 2024, but regrets the Chamber’s consideration in the light of its assumption on Mongolia’s future cooperation with Court, as stipulated in paragraph 40 of the finding. In fact, Mongolia has collaborated with the International Criminal Court on this matter — both before and after the visit. Secondly, Mongolia will continue to work with the International Criminal Court and the Assembly of States Parties on the Chamber’s referral of the finding to the Assembly. Thirdly, Mongolia reaffirms its strong commitment to the rule of international law, including the Rome Statute of the International Criminal Court.
We would like to exercise our right of reply to the baseless and irrelevant statement made by the representative of the Israeli regime. His statement, of course, is not relevant to this agenda item. What is quite relevant to this agenda item is the atrocious crimes that are persistently committed by the Israeli regime in Palestine and elsewhere in the world. Its crimes against humanity, genocide, apartheid and war crimes are quite relevant topics to discuss under this agenda item. These are the atrocious crimes of the Israeli regime. We witnessed the representative of the Israeli regime threatening the Court in the United Nations by abusing United Nations meetings. This is not the first time the regime has abused such meetings and tried to threaten the rule of law in the United Nations. I am sure that everyone remembers when its representative stood before the General Assembly and shredded the Charter of the United Nations (see A/ES- 10/PV.49) This is what the Israeli representative meant by the rule of law or international law when he referred to it today in his statement. Now, the delegation of the apartheid child-killing regime of Israel could not whitewash the horrendous crimes and barbaric nature of its regime by constantly disseminating disinformation and lies. Nor could it deflect the careful and close attention of the world, the international community and the United Nations from the egregious crimes it is committing against the Palestinian people. All the people of the world know the true nature of the regime, which is synonymous with occupation, terrorism and war. Occupation, violence, discrimination, the demolition of property, forced displacement, as well as the denial or impairment of nearly all categories of Palestinian human rights, including their right to self-determination, are only some of the crimes of the Israeli regime. All of these have also been spelled out by the principal judicial organ of the United Nations, as the Israeli regime’s violations of international law are now coupled with its unbridled genocide, crimes against humanity and war crimes. The nefarious Israeli regime has killed 45,000 people in a couple of months and injured nearly 100,000 people. The Israeli regime intentionally targets hospitals and medical centres, killing children in cold blood, burning them alive. The Israeli regime has forcibly displaced millions, while deliberately inflicting severe conditions of life upon the Palestinians. The Israeli regime wilfully impedes and blocks the access of Palestinian people to humanitarian assistance, even as it attacks humanitarian convoys and United Nations centres and personnel, killing more than 200 United Nations staff. The Israeli regime’s barbarism and savagery are beyond words. It continues to grossly violate the Charter of the United Nations and the fundamental principles of international law, including international humanitarian law and international human rights law. There is no principle, rule or norm that the Israeli regime has not grossly violated. The reason for the emboldened yet futile criminal gesture of the Israeli regime’s delegation and the fact that the regime is butchering children and women in plain sight of the world is the active military, political and economic support of certain countries, which aid and assist the Israeli regime’s crimes. The international community is no less complicit in this, given its acquiescence, omission and inaction. The international community should take decisive action against the Israeli regime. The international community should stop the regime’s horrendous crimes and must hold it fully accountable and ensure that peace, security and the international rule of law are never threatened or disturbed by the Israeli regime. The Security Council must devise and implement robust sanctions against the Israeli regime and against all that aid or abet the Israeli regime in its wanton attacks and occupations.
The Assembly has thus concluded this stage of its consideration of agenda item 74.
The meeting rose at 6.05 p.m.