في حدث دبلوماسي مهم في المنطفة امير قطر يفتتح موتمر للمحكمة الجنائية الدولية ورئيس المحكمة يوضح

Judge Sang-Hyun Song Opening remarks


President of the International Criminal Court




Regional Conference on the International Criminal Court













Ritz Carlton Hotel in Doha, Qatar

24 May 2011



Your Excellency Sheikh Hamad bin Khalifa Al Thani, The Emir of the State of
Qatar,



Your Excellency Dr. Ali Bin Mohsen Bin Fetais Al-Marri, The Attorney General of
the State of Qatar



Excellencies, Distinguished delegates, Ladies and Gentlemen,



It is my great pleasure to address this first Regional Conference on the
International Criminal Court. On behalf of ICC, I wish to greet all the
representatives of States from this region and beyond.



I give special gratitude to the State of Qatar and the League of Arab States for
hosting this timely event, which demonstrates a strong commitment to the shared
values of peace and justice.



This conference gives us an ideal opportunity to discuss the furtherance of joint
efforts against international crimes that concern all of humanity. I also hope that
this historic event will pave the way for making the Rome Statute system of
international justice even more global than it is today.





Excellencies,



Most of your states, and in fact many of your personally, took active part in the
founding conference of the ICC in Rome, 1998. Sovereign states from around the
world came together to ensure that the most serious international crimes known to
humankind - genocide, crimes against humanity, war crimes and the crime of
aggression - do not go unnoticed or unpunished.



There is no doubt in my mind that these heinous crimes, which tear apart our
social fabric, represent a leading global challenge in the coming decades.



The ICC offers the world something new because it is independent from the
United Nations and other political bodies. The Court is a permanent judicial
institution that applies the law to all parties without discrimination.






Today, the ICC is a fully functioning court, with three cases on trial, involving
gruesome allegations such as murder, rape, sexual slavery and the use of child
soldiers. Five accused are currently in custody and nine other persons have
voluntarily appeared before the Pre-Trial Chamber. 2011 is our busiest year yet.



Six situations are under investigation or prosecution. The Democratic Republic of
the Congo, Uganda and the Central African Republic referred their situations to
the ICC themselves. The situations in Darfur, Sudan, and Libya were referred to
the ICC by the UN Security Council.



One investigation – concerning post-election violence in Kenya – was opened by
the Prosecutor on his own initiative and approved by the Pre-Trial Chamber.
Finally, as of last week, we have a seventh situation before the Court since the
Prosecutor announced his intention to request authorisation to investigate the
situation in Côte d'Ivoire since 28 November 2010.



The ICC Prosecutor is also conducting preliminary examination of a number of
situations on several continents, including Afghanistan, Georgia, Guinea,
Colombia, Honduras, Korean peninsula, Nigeria and Palestine.



As a Judge of the International Criminal Court, I would like to stress that
impartiality and fairness are the cornerstone of all proceedings at the ICC.



In particular, the Rome Statute provides strong guarantees against any kind of
frivolous or biased proceedings:



. First of all, no external body can initiate prosecution at the ICC. States Parties
and the Security Council can refer situations to the ICC, but arrest warrants or
summonses to appear can only be issued after an investigation and an
assessment by the Prosecutor, and, even more importantly, only after a careful
review of the supporting evidence by an independent bench of judges.






. Throughout the proceedings, the Judges guarantee the full respect of the rights
of the accused and the rights of the victims. The five-judge Appeals Chamber,
on which I sit, is the ultimate instance that can rectify any mistakes made at
earlier stages of the procedure.













Excellencies,



We meet at the crossroads of three continents – Asia, Africa and Europe. What
better place to emphasise what the ICC is trying to achieve – universal support in
all continents of the world.



This is happening already with the rising numbers of States joining the Rome
Statute each year. Last Friday, Grenada deposited its instrument of ratification at
the United Nations, becoming the 115th State Party on 1 August 2011. Earlier this
year I travelled to Southeast Asia to encourage more states to consider joining the
ICC, and to my delight I learned that the Philippines, Malaysia, and the Maldives
may do so in the near future.



But as the Rome Statute system increasingly becomes the world’s instrument of
choice in the suppression of atrocity crimes, Arab States remain critically
underrepresented in the ICC. Just three countries – Jordan, Djibouti and Comoros
– are party to the Rome Statute.



This is why I was truly delighted to hear of Egypt and Tunisia’s interest in joining
the ICC. If I understand correctly, Tunisia has already adopted a decision on
accession to the Rome Statute, and the last remaining step is to deposit it at the
United Nations.



At a time of political upheaval and uncertainty for several countries of this region,
what better time to embrace the ICC, an institution that represents justice, security
and peace and increases the legal protection of each member nation?



Now that the definition of the crime of aggression has been included in the Rome
Statute, your countries could become leaders in the ICC family by ratifying the
amendments on aggression at the same time with the rest of the Statute.



Most of you come from states that are not party to the Rome Statute and you may
be wondering, “why should my country join the ICC”? Many reasons!

. First, as non state parties, you are outsiders looking into the Rome Statute
system with no corresponding influence over the Court as enjoyed by States
Parties. By joining the ICC your government will fully come inside the Court
and be given the right to refer situations to the Prosecutor, among many other
benefits:





. You will be able to contribute to the ICC’s structure and operations as member
states, through the Assembly of States Parties which effectively governs the
Court. With equal voting rights, States Parties nominate and elect candidates
for Judges, the Prosecutor, among other officials – the next election will be held
in New York in December. Ratification will also increase the possibilities of
recruitment of professionals from your country.


. You will send out a clear signal of your country’s commitment to the rule of
law, peace and the struggle against impunity. The ICC may be a relatively new
court, but the Rome Statute system makes the vision of peace and stability
possible through the joint efforts of States Parties to rectify wrongs, deter
violence, and thereby build a peaceful and just future.


. By joining the Court, you will increase the protection of your nationals and
your territory against the gravest international crimes. If someone commits or
intends to commit Rome Statute offences on your territory, your country will
not be alone in resisting and prosecuting such violence.


. You can help the ICC become a truly global court. When all territories become
equal under the law of the ICC, referrals by the UN Security Council will
largely become unnecessary.


. Finally, by ratifying the Rome Statute you will join a growing international
movement of 115 States to ensure that the worst crimes known to humanity are
not tolerated.






Excellencies,



. I want to also stress to you today that the ICC poses no threat to state
sovereignty – on the contrary, the Court was created by nation states, is
governed by states and the only way the Rome Statute can be amended is by
the decision of states.


. Ratification of the Rome Statute has no retroactive effect and the ICC has
jurisdiction over each country only from the moment they become a State Party.


o Even when a State makes an explicit declaration accepting jurisdiction
for past events, the ICC can never look into any crimes that occurred
before 1 July 2002.











. The very first article of the Rome Statute emphasizes that the work of the Court
“shall be complementary to national criminal jurisdictions”.


o National jurisdictions are primarily responsible to try suspects of mass
atrocities, and the ICC plays a secondary role, as a safety net, to prevent
impunity when necessary.


o As long as national jurisdictions properly investigate and prosecute any
ICC crimes, the Court cannot and will not interfere.




. When the Rome Statute was being drafted, States were very concerned about
retaining their sovereignty so they made sure there are many safeguards in
place.


o For instance, the ICC has no police force or arrest powers – this is one of
many significant areas where the Court relies 100 percent on the
cooperation of States to carry out key functions.








Excellencies,



The ICC has truly become a “game changer” in international relations. Responses
to violence are no longer considered only from a political or a military perspective
– instead, alleged atrocities of an international scale are now seen as a matter of the
rule of law.



But the world needs your help to make this system stronger. Principles of justice
and law are an essential part of the proud history and culture of your great nations,
and the ICC will not be complete without your participation.



The stakes are high – essentially we are talking about the wellbeing of humanity.
We have to do all in our power to spare future generations from the atrocities and
suffering that we and forefathers have witnessed and endured.



In these uncertain times, let us come together to defeat that threat and make this
world a safer place to live in now and for generations to come.



Thank you.