Joint statement on behalf of the Members of the Security Council and the Incoming Members, that are States Parties to the Rome Statute of the International Criminal Court
2023/7/18
I would like to make the following statement today on behalf of the Members of the Security Council, as well as incoming Members, that are States Parties to the Rome Statute of the International Criminal Court (ICC): Albania, Brazil, France, Gabon, Ghana, Guyana, Japan, Malta, the Republic of Korea, Sierra Leone, Slovenia, Switzerland, the United Kingdom, and my own country Ecuador.
The adoption of the Rome Statute 25 years ago is a cornerstone in the fight against impunity by the international community regarding genocide, war crimes, crimes against humanity and aggression. The work of the International Criminal Court continues to be as relevant and necessary as ever given that, despite our collective efforts, these crimes continue to be committed.
In its relatively short lifespan, the ICC has been joined by 123 States Parties from all regions of the world, which represents a large majority of the international community. This reinforces its aspiration to universality and we take this opportunity to invite all of those States who have not yet done so to become parties to the Rome Statute of the ICC.
We also reaffirm our unwavering support for the Court as an independent, impartial, and judicial institution of last resort which complements national courts, which have the primary competence to investigate and prosecute Rome Statute crimes in line with the principle of complementarity, without replacing them.
We are convinced that the ICC is an essential means of promoting respect for international humanitarian law and international human rights law, thus contributing to freedom, security, justice and the rule of law, as well as to the prevention of armed conflicts, the preservation of peace, the strengthening of international security and the advancement of post-conflict peacebuilding and reconciliation with a view to achieving sustainable peace, in accordance with the purposes and principles of the Charter of the United Nations.
In this sense, the relationship between the ICC and the Security Council, in the terms referred to in the Rome Statute, is essential. We wish to recall that Security Council PRST/2013/2 noted that the fight against impunity and accountability for the most serious crimes of international concern has been strengthened through the work on and prosecution of these crimes in the International Criminal Court, in accordance with the Rome Statute.
We also recall the capacity of the Council to refer situations to the ICC, which has been used twice, with respect to the Darfur situation in 2005 and Libya in 2011. As the organ charged with primary responsibility for maintaining international peace and security, the Council should consider this power of referral as another tool for accountability in situations where international crimes are being or have been committed. It is therefore of the utmost importance for the Security Council to effectively follow-up on such referrals.
The Council can also play a key role in cases of non-cooperation by States with the Court. We therefore call for the strengthening of the mutual engagement between States Parties and the Council on this matter.
We also encourage the Court to further engage with the relevant Sanctions Committees with a view to improving their cooperation and achieving better coordination on matters pertaining to areas of mutual concern. We also welcome a number of examples of successful cooperation between UN peacekeeping operations and the ICC, some of which have led to the arrest of individuals sought by the Court, and encourage enhanced cooperation in this regard.
In conclusion, national reconciliation and reconstruction of the social fabric goes hand in hand with establishing the truth and justice: justice and peace are complementary and mutually reinforce each other. We therefore welcome the efforts and achievements of the Court in these 25 years in bringing those most responsible for the crimes under the Rome Statute to justice and thus to contribute to the prevention of such crimes.
By giving our full support to the Court and promoting the universality of the Rome Statute, we defend the progress we have made together towards an international order based on international law, of which international justice is an indispensable pillar.
Thank you.
The adoption of the Rome Statute 25 years ago is a cornerstone in the fight against impunity by the international community regarding genocide, war crimes, crimes against humanity and aggression. The work of the International Criminal Court continues to be as relevant and necessary as ever given that, despite our collective efforts, these crimes continue to be committed.
In its relatively short lifespan, the ICC has been joined by 123 States Parties from all regions of the world, which represents a large majority of the international community. This reinforces its aspiration to universality and we take this opportunity to invite all of those States who have not yet done so to become parties to the Rome Statute of the ICC.
We also reaffirm our unwavering support for the Court as an independent, impartial, and judicial institution of last resort which complements national courts, which have the primary competence to investigate and prosecute Rome Statute crimes in line with the principle of complementarity, without replacing them.
We are convinced that the ICC is an essential means of promoting respect for international humanitarian law and international human rights law, thus contributing to freedom, security, justice and the rule of law, as well as to the prevention of armed conflicts, the preservation of peace, the strengthening of international security and the advancement of post-conflict peacebuilding and reconciliation with a view to achieving sustainable peace, in accordance with the purposes and principles of the Charter of the United Nations.
In this sense, the relationship between the ICC and the Security Council, in the terms referred to in the Rome Statute, is essential. We wish to recall that Security Council PRST/2013/2 noted that the fight against impunity and accountability for the most serious crimes of international concern has been strengthened through the work on and prosecution of these crimes in the International Criminal Court, in accordance with the Rome Statute.
We also recall the capacity of the Council to refer situations to the ICC, which has been used twice, with respect to the Darfur situation in 2005 and Libya in 2011. As the organ charged with primary responsibility for maintaining international peace and security, the Council should consider this power of referral as another tool for accountability in situations where international crimes are being or have been committed. It is therefore of the utmost importance for the Security Council to effectively follow-up on such referrals.
The Council can also play a key role in cases of non-cooperation by States with the Court. We therefore call for the strengthening of the mutual engagement between States Parties and the Council on this matter.
We also encourage the Court to further engage with the relevant Sanctions Committees with a view to improving their cooperation and achieving better coordination on matters pertaining to areas of mutual concern. We also welcome a number of examples of successful cooperation between UN peacekeeping operations and the ICC, some of which have led to the arrest of individuals sought by the Court, and encourage enhanced cooperation in this regard.
In conclusion, national reconciliation and reconstruction of the social fabric goes hand in hand with establishing the truth and justice: justice and peace are complementary and mutually reinforce each other. We therefore welcome the efforts and achievements of the Court in these 25 years in bringing those most responsible for the crimes under the Rome Statute to justice and thus to contribute to the prevention of such crimes.
By giving our full support to the Court and promoting the universality of the Rome Statute, we defend the progress we have made together towards an international order based on international law, of which international justice is an indispensable pillar.
Thank you.