Assembly of States Parties to the Rome Statute
Report of the Credentials Committee
The report of the ICCASP/3/L.2
Chairperson of Committee:
The Committee has met in 3 occasions, and has been helped by the Secretariat. By way of update to the report to you it has come to my attention that the credentials of the countries Andorra and Barbados have been received, therefore the total of State Parties in accordance with 25 Rules of procedure is 58, also the number of State Parties that sent their credentials by e-mail is 25, these 25 States shall give in their original credentials to the Committee as soon as possible. I thank the Ambassador. May I take it that the Assembly wishes to accept the report? I see no objection. It is so decided. Distinguished delegates, we turn now to the document ICCASP/3L4, named "Strengthening of the ICC and ASP", as you recall Mr. Laubraugh of Switzerland introduced it yesterday, however the issues of the dates and venue for the next meeting of the Assembly and the next meeting of the Committee of Budget and Finance were still pending.
Thank you Mr President, in respect of dates and venues of the Consultations on Budget and finance and ASP, the consultations took place yesterday afternoon and were intense and lively. The result of the consultations will be reflected in new paragraphs 36 and 37 of draft omnibus resolution ICC-ASP/3L4 replacing existing article 36. The additional cost will amount to 107,000. I would like to thank the delegates who participated in the consultations, particularly those who from incredibly divergent positions helped to arrive to a consensus. I would also like to forward my gratitude to the Registry and Secretariat who assisted these consultations.
The Bureau met earlier this afternoon and endorsed the text resulting from the consultations, I will read out the consultation that is in ICC-ASP/3/L4 which consists in replacing paragraph 36 of the text with the following 2 new paragraphs: Paragraph 36 will read "decides that The Committee on Budget and Finance will hold its sessions in the Hague from the 4th - 6th April 2005, and for a further 5 day session to be determined by the Committee".
Paragraph 37 will read "decides also whilst recalling article 112 (6) of the Rome Statute, that it will hold its ordinary session for 6 days, of which at least one full day is reserved for the Special Working group on the Crime of Aggression in November 2005 in the Hague, with the exception that the election of Judges and the elections of the Committee on Budget and Finance to be held in New York during a separate 2 day meeting, with both exact dates to be determined by the Bureau of the Assembly".
We shall now proceed to take action on ICC-ASP/3L4 as orally amended. May I take it that is the wish of the Assembly to adopt this document as orally amended by consensus? I see no objection: It is so decided.
Consideration of Reports
Working group on Draft working budget for 2005:
We will now take up the report of the Woking group on the draft programme budget of 2005 contained in document ICC-ASP/3WGPB/1
Chair of WG - Spain:
I submit the report for the Budget of 2005 contained in document ICC-ASP/3WGPB/1. Five meetings were held between 6th and 10th September, together with informal consultations on the 7th - 9th September and in their last session on the 10th September the working group approved the report by consensus. This working group report contains four sections summarizing the deliberations in the group, as well as 2 Annexes, one of which contains its respective draft resolution.
Section 1 entitled "Introduction" in paragraphs 1 to 3 includes information on the meetings in the Working Group, documentations it had before it as well as general statements that were made on this matter.
Section 2, entitled "External Audit" has just one paragraph, paragraph 4 which has recommendations on the joint work that the Court and the Auditor are expected to carry out.
The next section, entitled "Considerations of the Programmed budget of 2005" is in paragraphs 5 to 36, part A of this section, paragraphs 6 - 9, contains the recommendations of a general nature that the group came to after considering the CBF proposals, I would highlight paragraph 7: the meeting schedule and budget preparation timeline, and 8 which recommends the creation of a contingency fund.
Part B contains the specific recommendations of this committee group on each of the specific programmes:
Paragraph 10: The Judiciary
Paragraph 11 - 16: Office of Prosecutor
Paragraph 17 - 24: The Registry
Paragraph 25 - 26: The Secretariat
Paragraph 27 - 29: Investment in the Courts Premises.
Part C, still in the same document, contains paragraph 30, which has the recommendation of the Working Group on the establishment of a New York liaison office, upon which a consensus was not achieved within the Working Group.
Part D, paragraphs 31 - 33, contains the recommendations of the Working Group on the Secretariat of the Trust Fund for Victims. A consensus conclusion was achieved, although a number of delegations expressed formal reservations on certain budgetary aspects.
Lastly Part E, paragraphs 34 - 36, issues of a relatively minor nature including a proposal to change the travel entitlements for members of the CBF that are entitled to travel in business class for flights of over 9 hours.
Lastly Paragraph 37, the Working Group proposes to the Assembly approves part 1 and 2 of this report.
Comments on draft resolution: 4 parts:
1. Financial authorisation for 2005, 5 main programmes coming to a total of 66,784,200 Euros. It also proposes the adoption of the corresponding staff for the each of the major programmes.
2. Establishment of a Contingency Fund to the tune of 10,000,000 Euros
3. 5,565,400 Euros as the level of the working capital of 2005 this is approximately a 1/12 of apportioned resources.
4. Scale of Assessment for the apportionment of expenses of the ICC, 2005, and it is suggested that this is adopted taking into account the scale of assessments of UN applicable to this year with the relevant adjustments.
5. Means of financing appropriation for year 2005
In the annex to resolution 1 there are specifications of the changes to the financial regulation, which appear to be necessary as a result of the establishment of the Contingency Fund.
With regard to draft resolution Roman 2, there is a reflection of the decision proposed embodying a change in the travel entitlement to the committee Budget and Finance in that they are entitled to travel in business class for journeys lasting more then 9 hours.
I would like to stress the level of Cooperation that I have received from all members of the WG and the Secretariat, the Registry and other corps.
President: I thank the Chairman for his report and his outstanding work. We will now take action on the report of the WG on the programmed budget, may I take it that the Assembly wishes to approve the recommendations of the Working Group by consensus, in particular paragraphs 6 to 36? I see no objection, it is so decide.
We will now pass to approve the draft resolution 1 contained in Annex 1 of the report of the Working Group; you will note that the draft resolution is divided in several sections:
Part A: Programmed Budget for 2005;
Part B: Contingency Fund;
Part C: Working Capital Fund for 2005
Part D: Scale of Assessments for the Apportionment of expenses of the ICC;
Part E: Financing Appropriations for the year 2005.
Then the draft resolutions to the draft amendments to the draft regulations to establish a Contingency Fund.
May I take it that it is the wish of the Assembly to accept draft resolution 1 of Annex 1 contained in document ICC-ASP/3WGPB/1 by consensus, I see no objection, it is so decided.
We will now take action on Draft Resolution 2, on Annex 2 to the report of the Working Group. May I take it that the assembly wishes to adopt the resolution Draft Resolution 2, on Annex 2 contained in document ICC-ASP/3/WGPB/1 by consensus, I see no objection, it is so decided
We will now take action on the Proposed Program Budget contained in document ICC-ASP/3/2 as read in conjunction with the recommendations of the Working Group read out in its report, may I take it that it is the wish of the Assembly to adopt by consensus the proposed programmed budget? I see no objection, it is so decided.
Any comments by any delegation?
Firstly I will thank you for your practical suggestions in order to avoid prolonging the discussions further, when you decided to propose to two delegations and decided with their approval to accept the reports without hearing the translations. We would like this solution to be decided exceptionally, we would like to avoid this last minute solution again, by better planning.
For my delegation I would like to congratulate you on the organisation in general of the discussions of this Assembly. With regards to the budgetary point, my delegation is delighted that this budget has been adopted, by means of scrutiny of the budget States Parties have had to take a decision of a fundamental import on the ICC. The States Parties have had to address a certain amount of principles which they have had to recall and have had to address the very substance of the way the court has to fulfil its mission, entirely independently. I would secondly, like to welcome and praise the efficiency with which the court will be able to act, this will involve the appropriate use of the allocations given to it and we have been able to note major consistency between its 3 major bodies. My delegation is in favour of restricting things that will make the apportionments, which were considered redundant in relation to the 3 major bodies of the court. We would also like the suffering of victims to be taken in account, and as words are not enough and this trust fund must not remain an empty promise, my delegation is happy that we have a functioning budget for this fund. I have the pleasure to inform you of France's intentions to pay 150,000 for the Trust Fund for victims.
I thank the distinguished representative of France for her statement and for her very welcomed words regarding the Victims Trust Fund and the generous contribution of her government.
We have thus concluded our consideration of Agenda Item 8 and adoption of the Budget for the third financial year and Agenda Item 9 in consideration of other reports.
We shall now take up the report of the Working Group on the Procedure for the Election of Judges contained in document ICC-ASP/3/WGEJ/1. I give the floor to Miss Rosat Katringa, the chairperson of the Working Group on the Procedure for the Election of Judges. Uganda has the floor.
Report of WG for Procedure for Elections of Judges
Thank you Mr. President. Mr. President, I have the honour to introduce the report of the Working Group on the Procedure for the Election of Judges contained in document ICC-ASP/3/WGEJ/1. The working group, which had three meetings, as well as informal consultations, considered the proposal on the procedure for the nation and election of the judges for the International Criminal Court, contained in the Annex to document ICC-ASP/3/WGEO/L1. and call 1. We concentrated our work on three issues, which had remained unresolved in that document. I am happy to report that the working group was able to reach consensus on this issues. I would like to take this opportunity to thank once again all delegations for their cooperation and for their flexibility have demonstrated. I would also like to thank the Secretariat for facilitating our work in a most able and professional manner.
Mr. President, the working group is therefore in a position to recommend to the Assembly for adoption the text of the draft resolution contained in Paragraph 4 of its report. By adopting this resolution the Assembly would approve a procedure of the nomination and election of the judges that would replace resolution ICC-ASP/1/Res.3 and pad A,B,C of resolution ICC-ASP/1/Res.2. The draft resolution is divided in two pads. Part A deals with the nomination of candidate, rather candidates for judges. Part B with the election of judges. Part C it's judicial vacancies, single judicial vacancies. The draft resolution also includes two appendixes. Appendix 1, which contains illustrative tables of minimum requirements and Appendix 2, which is a sample ballet paper for the election of judges of the Court.
Mr. President, I conclude my presentation by expressing the hope that the Assembly will adopt the draft resolution, amended by the working group. Thank you Mr. President.
I thank Miss R.K, for the statement, report and for her efforts. We shall now proceed to take action on the report of the Working Group. May I take it that the Assembly wishes to approve the report of the working group by consensus? I see no objections. It is so decided. We will now take action on the draft resolution contained in Paragraph 4 of the report of the working group. Is there any delegation that wishes to explain it's position before we take action on the draft resolution? I see none. May I take that it is the wish of the Assembly to adopt the draft resolution contained in Paragraph 4 contained of document ICC-ASP/3/WGEJ/1. by consensus? I see no objections. It is so decided. Is there any delegation that wishes to explain it's position after the adoption of the draft resolution? I see none. We have thus concluded our consideration on this Item.
We shall now take up the report of the Working Group on the Trust Fund for Victims contained in document ICC-ASP/3/WGTVF/1. I give the floor to Miss Gail Ramortan, the chairperson of the working group on the Trust Fund for Victims. Trinidad and Tobago has the floor.
Trinidad and Tobago:
Thank you Mr. President. I have the honour to introduce the report of the Working Group on the Trust Fund for Victims contained in document ICC-ASP/3/WGTFV/1. The working group held two formal meetings and one informal meeting. It had be forded the report of the board to the Assembly of State Parties on the activities and projects of the Board of Directors of the Trust Fund contained in document ICC-ASP/14/REF.1 and the annexes thereto. Including Annex B, proposal for the establishment of a secretariat of a Trust Fund for Victims for the draft resolution contained in document ICC-ASP/3/WGTVF/1. was agreed to by the working group. I wish to indicate at this point that the title of the resolution should be ensuite and again re-titled: establishment of the secretariat of the Trust Fund for Victims. Following it's deliberations the working group agreed to recommend to the Assembly the establishment of a secretariat for the Trust Fund for Victims, which will be funded by the regular budget. The independent secretariat will report directly to the Board of Directors and for administrators the staff will be attached to the Registry. The working group was unable to complete the draft regulations Trust Fund for Victims. The working group therefore agreed to the provisional application of Parts 1 and 2 of the draft regulations and recommended further study of the draft regulations drawing an appropriate mechanism to be established by the Bureau.
Mr. President, the working group conducted its deliberations in a positive and constructive spirit. But flexibility demonstrated by all delegation, which enabled us to arrive at this result. I am grateful to delegations for bringing this cooperative spirit to our work. I also wish to express my thanks to the Secretariat, that is the ICC Secretariat, and to the Registry for providing clarification to the working group on key issues.
Mr. President, I have the honour to submit this draft resolution to the Assembly of State Parties for adoption. Thank you.
I thank Miss G.R. for her report and for her efforts. We will now take action on the draft resolution contained in Paragraph 4 of the report of the working group. As already amended by the chairperson of the working group to provide for a title for the draft resolution. Is there any delegation that wishes to explain it's position before we take action on the draft resolution as amended? I see none. May I take that it is the wish of the Assembly to adopt the draft resolution contained in Paragraph 4 contained in document ICC-ASP/3/WGTVF/1. as amended by consensus? I see no objections. It is so decided. Is there any delegation that wishes to explain its position after the adoption of the resolution? I see none. We thus concluded our considerations of this Item.
We shall now take up the report of the Special Working Group on the Crime of Aggression. I give the floor to Ambassador Christian Wenaweser, the chairman of the Special Working Group on the Crime of Aggression. Liechtenstein has the floor.
Thank you Mr. President. Unfortunately Ambassador Wenaweser is not able to present the report personally. He has asked me to read out the following statement. I quote: "Due to the limited time allocated to the Special Working Group, the group held a largely procedural meeting focussing on the one hand on the outcome of the inter-sessional meeting at the Liechtenstein Institute on Self-Determination at Princeton University in June of this year and on the other hand on future inter-sessional meetings. The Special Working Group welcomed the report and decided to forward it to the ASP as a working document. It was also agreed that the group needed more meeting time at future ASP meetings and it was agreed on the necessity to hold further inter-sessional meetings. The Special Working Group therefore requested the chair to consult on the possibility of holding future inter-sessional meetings. It was seen as essential to ensure the widest possible participation from states, including when possible trough interpretation services. Support was expressed for having funds from the regular program budget allocated to this end. I have communicated this request to the working group on the program budget. I was informed that the additional costs for interpretation services are of 48.000 Dollars could not be absorbed from within the regular program budget. I will therefore have to rely on voluntary contributions from states. And I will engage in consultations with interested states. I am confident that that will be possible to organize an inter-sessional meeting during the first half of the next year with the widest possible participation from all states.
Finally, I wish to thank all delegations for their participation in the Special Working Group and for their constructive approach to pursuing this issue in the future." I thank you Mr. President.
I thank the distinguished representative from Liechtenstein for presenting the report of Ambassador Wenaweser, chairman of the Special Working Group on Aggression. May I take it that the Assembly wishes to take note of the working groups report? I see no objection. It is so decided. May I take it that the Assembly agrees with the recommendations of the chairman of the Special Working Group to annex the report of the inter-sessional meeting of the Special Working Group on the Crime of Aggression to the report of the Assembly on its third session? I see no objection. It is so decided.
We have thus concluded our considerations of Agenda Item 15. May I take it that as in the past, the Assembly agrees to annex to its report the statement made on the 6th of September by a representative of the host country? I see no objection. It is so decided.
Distinguished delegates, we shall now turn to the draft resolution entitled Intensifying dialog between the Assembly of State Parties and the Court contained in document ICC-ASP/3/L5. I give the floor to the distinguished representative of the United Kingdom to introduce the text.
Thank you Mr. President. The proposal that we have before us is for a draft resolution to be adopted by this meeting. It's entitled Intensifying dialog between the Assembly of State Parties and the Court. As you know we have held informal consultations on the subject matter and further consultations in the Bureau. We would like to take this opportunity to thank everyone who has participated so actively and constructively in those consultations. Particularly yourself, you were a very useful help in that matter. Those were concerns which enhance dialog between the Assembly of States Parties and the ICC.
It relates to enhance dialog and the modalities within which we interrelate and interact with the Court. It also relates to specific matters, which strong interest has been expressed and shown at this meeting. We hope and its certainly attended as a useful support of the activities of the Bureau for the following year. In addition we are pleased to be able represent this proposal following the welcoming remarks of the President of the Court in relation to the issue of enhanced dialog between the ASP and the ICC. We see dialogue as an important matter of principle, but in addition useful, we hope this proposal serves as a very practical sense further help and facilitate the future meetings of the Assembly of State Parties. Thank you Mr. President.
I thank the distinguished delegate from the United Kingdom for his interaction. The Bureau met earlier this afternoon and welcomed the consensus text. Distinguished delegates, we shall now take action on draft resolution contained in document ICC-ASP/3/L5. Is there any delegation that wishes to explain it's position before we take action on the adoption on the draft resolution? I see none. May I take it that it is the wish of the Assembly to adopt draft resolution ICC-ASP/3/L5.? I see no objection. It is so decided. Is there any delegation that wishes to explain it's position after the adoption of the resolution? I see none.
Distinguished delegates we have thus concluded the considerations of all matters on the Agenda for the 3rd session. We shall now proceed to the closure to the session. And I invite Alexander Marschick, the Rapporteur to introduce the oral report. You have the floor Sir.
Thank you Mr. President. I have the honour to introduce the draft report of the third session of the Assembly of States Parties to the Rome Statute contained in document ICC-ASP/3/L.6. Due of the late hour, I'll try to be as brief as possible. As you can see from the label of content that we also have been distributed for you information, the final version of the report form of the official records of the Assembly will comprise three parts. The draft for Part One, which covers the proceeding of the session, is before you in document L.6. You will note that certain sections and paragraphs are incomplete. This is due to the fact that actions on these matters have only just been taken by the Assembly this afternoon and obviously there was no time to incorporate this information in the draft report and have it available for you in all six languages. I will however in my statement indicate briefly how these paragraphs will read in the final version.
Part 1 is divided into two Chapters. Chapter A, the introduction, provides factual information concerning the third session. Chapter B, relates to the substantive proceedings, provides factual information on the activities of the Assembly in respect on each Item on the Agenda. The outcomes, in respect of action taken in particular the resolutions, decisions, as well any understandings reached by the Assembly or outlined. Chapter B is divided into Sections. Section 1 concerns credentials. Section 2 relates to the activities of the Bureau. Section 3 notes the statements made by the President of the Court, the Prosecutor, the Chairperson of the Board of Directors of the Trust Fund for Victims, as well as other state actions. Section 4 earns activities of the Court. Sections 5 and 6 deal with the election of the Deputy Prosecutor and the election of Members on the Committee on Budget and Finance. As you can see the Section 7 relates to the budget for the third financial year. In the final version the report will reflect the fact that the Assembly adopted earlier this afternoon the program budget for 2005, as well as the resolution recommended by the working group regarding the program budget for 2005, the Contingency Fund, the Working Capital Fund for 2005, the scale of assessments for the amount of expenses and the financing appropriate. The report will also reflect the adoption of the amendments to the financial regulations, necessary to establish the Contingency Fund as well as the adoption of the standards of the travel of the members. In Section 8 the report shall refer to the fact that the Assembly took note of the report of the External Auditor, and requested him to follow up on certain. Sections 9 and 10 with the reports of the Registrar regarding Defence Council, including the intension of victims and regarding the partition of . Section 11: on the report of the Board of Directors of the Trust Fund for Victims will mention the adoption of the resolution amendment by it. Section 12 earning the Special Working Group on Crime of Aggression, will reflect the fact that the Assembly took note of the report of the working group and it's decision to include the report of the inter-sessional meeting in Princeton as an annex to the Assembly's Report. Under the heading other matters, Section 13 addresses a whole number of actions taken by the Assembly or understandings reached by the Assembly. Item A contains the Relationship Agreement between the Court and the United Nations. Item B reflects the agreement on the formula for the future composition of the Bureau, the decision to the rule 29 of the Rules of Procedures and the election of Ambassador Stenio Ugarte, the next President of the ASP. Item C will refer to adoption on the draft resolution on the Procedure for the Election of Judges. Item D will reflect the adoption of the Omnibus Resolution. Mention will also be made with the fact that under that resolution staff and the name of the Court. Mention will further be made of the adoption on the conditions of service and compensation of judges annexed to the resolution. Item E on "Intensifying the dialogue between the Assembly and the Court" will just reflect the action that we have just taken earlier. Item F on the Establishment of the UN Headquarters at the Liaison office in New York will make reference to the following recommendation to the budget endorsed by the Assembly just earlier. Item G of the report refers to the appeal made by the president for the payment of assist contributions. Under Item H of the report reflects the Assembly's satisfaction at the use made of the Trust Fund for the participation for least developed countries.
The last two sections of part one deal with dates and venue of the next meeting of the Assembly and of the Committee of Budget and Finance. Decisions that were just taken moments ago will be duly.
Mr. President, if I can direct your attention once more to the table of contents and just brief like to point out that Part II of the final version will contain the decisions regarding the program budget for 2005 as adopted this afternoon. The resolutions adopted by the Assembly will be reproduced in Part 3. The final version of the report will also contain a number of annexes. The report of the inter-sessional meeting of the Special Working Group on Crime of Aggression, the statement of the representative of the host countries, and the report of the Credentials Committee and the list of documents.
Mr. President, I recommend the adoption of the draft report by the Assembly. Finally, this is the third and last report of the Assembly that I will be presenting as a rapporteur. Just let me thank you, Mr. President and the Secretariat for the excellent cooperation in the last three years and all the delegations in the Rome for the constant support and last amount of patience. Thank you.
I thank the Rapporteur for the introduction of this report. And on behalf of the Assembly we also thank him for his outstanding contributions to the Assembly over the last two years. As he indicated there are parts of report that have to be completed in view of the decisions that the Assembly made today. And we heard an extensive description of content of the first parts of the report by the Rapporteur.
We shall now begin the adoption of the report, paragraph by paragraph.
Paragraph 1: Any comments. Adopted.
Paragraph 2: Any comments. Adopted.
Paragraph 3: Any comments. Adopted.
Paragraph 4: Any comments. Adopted.
Paragraph 5: Any comments. Adopted.
Paragraph 6: Any comments. Adopted.
Paragraph 7: Any comments. Adopted.
Paragraph 8: Any comments. Adopted.
Paragraph 9: Any comments. Adopted.
Paragraph 10: Any comments. Adopted.
Paragraph 11: Any comments. Adopted.
Paragraph 12: Any comments. Adopted.
Paragraph 13: Any comments. Adopted.
Paragraph 14: Any comments. Adopted.
Paragraph 15: Any comments. Adopted.
Paragraph 16: Any comments. Adopted.
Paragraph 17: Any comments. Adopted.
Paragraph 18: Any comments. Adopted.
Paragraph 19: Any comments. Adopted.
Paragraph 20: Any comments. Adopted.
Paragraph 21: Any comments. Adopted.
Paragraph 22: Any comments. Adopted.
Paragraph 23: Any comments. Adopted.
Paragraph 24: Any comments. Adopted.
Paragraph 25: Any comments. Adopted.
Paragraph 26: Any comments. Adopted.
Paragraph 27: Any comments. Adopted.
Paragraph 28: Any comments. Adopted.
Paragraph 29: Any comments. Adopted.
Paragraph 30: Any comments. Adopted.
Paragraph 31: Any comments. Adopted.
Paragraph 32: Any comments. Adopted.
Paragraph 33: Any comments. Adopted.
Paragraph 34: Any comments. Adopted.
Paragraph 35: Any comments. Adopted.
Paragraph 36: Any comments. Adopted.
Paragraph 37: Any comments. Adopted.
Paragraph 38: Any comments. Adopted.
Paragraph 39: Any comments. Adopted.
Paragraph 40: Any comments. Adopted.
Paragraph 41: Any comments. Adopted.
Paragraph 42: Any comments. Adopted.
Paragraph 43: Adopted.
Paragraph 44: Adopted.
Paragraph 45: Adopted.
Paragraph 46: Adopted.
Paragraph 47: Adopted.
Paragraph 48: Adopted.
Paragraph 49: Adopted.
Distinguished delegates, we have thus completed the adoption of our report. The Secretariat will compile the report and the relevant annexes and will issue it as soon as possible. May I take it that it is the wish of the Assembly to proceed on this basis? So decided. We have thus concluded the considerations of all items on our agenda.
Distinguished delegates, the purpose of the work undertaken by the Assembly is to provide support for the Court and to ensure it's most efficient functioning. The budget we have adopted will provide the Court with the necessary financial ability to operate. It is important however that states parties follow through with their commitments by making their assessed contributions without delay. I also appeal to states to make voluntary contributions to the Trust Fund for Victims and here I again pay a special tribute to the governments of the Netherlands, the United Kingdom, France, Finland for their fine example that they have set. I would also like to take this opportunity to express on behalf of the Assembly our appreciations for the generous contributions to the Trust Fund for the participation of the least developed countries made by states and the MacArthur Foundation through the International Human Rights Law Institute of the De Paul University, which have made it possible for 28 delegates to attend the Third Session of the Assembly.
Distinguished delegates, over the last 5 days we have achieved a considerable amount of work, which has been fundamental for the future functioning of the Court. Much of the work has been of a technical nature and the discussions detail and I would like to thank very warmly all delegations for States Parties and non States Parties alike for all their hard work and their active participation. However I would also like to appeal to all delegations that in whatever it is we do relating to the International Criminal Court and however technical it may be, we never limit ourselves only to defending what we considered to be in our own national interests, but that we make wide allowances always for what we see as being in the best interest of the Court and ultimately in the best interest of justice. Above all we need to remind ourselves constantly why we it is we have and in deed need a Court. And if I may be allowed for a moment a personal reflection, given that this is the last time me closing a session: unless we place the victims of these terrible atrocities somewhere in on our minds in whatever we do that has a bearing on this Court. Unless we do that, I do not believe we can eventually succeed. I like so many here feel honoured that I was able to participate in a small way in the drafting of the Rome Statue and its accompanying documents under the remarkable leadership of Philippe Kirsch and others here today, as well as for having participated in the work of the Assembly. Why I have done so had in years when I was a delegate had less to do with my having instruction but than having serving in a UN Peacekeeping Operations 10 years ago, a car pulled up to me, with the head of a small child placed on the cars bonnet, the driver having been a well established war criminal. That is why I am here and I why I have been here. And I believe firmly the position, the positive contributions of our governments now withstanding that the Court would never had come about over the course of the last 8 years ever since I have seen the draft that delegation has acted solely on their instructions. It has come about because all of us, for whatever individual reasons we may have had, we have believed in the forthcoming and this feeling of believing collectively together with our friends from the Coalition for the International Criminal Court in this one it has always worked. It is essential that we also remember three points: great sacrifice of the smaller, poorer nations for the safe Court by not or not having entered other arrangements; material sacrifice collectively exceeding by far our the budget; the need to underscore and understand the universal and not regional character of the Court and it's Assembly and the finally the necessity of States Parties to make available what they earn as soon as that is possible. I would appeal to all of you that we continue to work together, and that we continue to do so well. In this regard I thank very warmly the coordinators and the focal points for their tireless work of the last few days. While I will be opening the next session of the Assembly, Ambassador Bruno Stanio Ugate, a diplomat of impeccable credentials and an outstanding representative of his country will be of course be presiding over the session. I pledge him my support during that session and I wish him the best of success in that session and in sessions to come. I bid you all a safe trip home, wherever this may be and look forward seeing you next year. I hope that doesn't mean you are electing me to something else.
Meaning that this was the first session that was serviced by the Assembly's own Secretariat, and I would like to thank the Director of the Secretariat and his staff for their outstanding, outstanding dedication and efficiency. I also thank the interpreters and translators as well as the conference officers for their patience and their service. I would like to express my special gratitude to the members of the Bureau for their advice and constant support in tackling on complex issues and look forward to continue working with them over the coming months.
I understand that the distinguished delegate from Nigeria has asked for the floor. Nigeria, you have the floor.
Mr. President, on behalf of the African Group, in Nigeria capacity, our congratulations go to you as the President of the ASP. Your unwavering commitment we have observed the progress in establishing the structures of the ICC and the elections thereto that function judicial. Sincere congratulations go to the Secretary, conference officers, interpreters and translators, who made this a success despite the fact that it was the first ASP held outside New York. The venue of the next session was discussed extensively. Where we go along with this decision, would I ever like to point out the inconvenience of the Hague, as a next venue for the next meeting ASP. Given the fact that since many states do not have diplomatic representation in the Hague. The Hague is the seat of the Court, but at the same time we recognize the fact that Paragraph 112 of the Rome Statute provides that: the Assembly of State Parties shall meet at the seat of the Court or the UN Headquarters in New York. Given the global representation at all states at the UN Headquarters in NY, my delegation on behalf of the African Group strongly feel the Court should proceed at the UN Headquarters. In these early stages we are eagerly awaiting to become states parties to the Statute. Thank you.
I thank the distinguished representative of Nigeria for his kind words addressed to me. And I now give the floor to the distinguished representative of Peru. Peru, you have the floor.
Thank you very much. It is my honour to take the floor on behalf of the Latin American and Caribbean Group of Countries. I should like to express to your gratitude and in deed congratulations for the very skilful way, in which you have been chairing the work of this conference. Your work as the President of the Assembly of States Parties will always be remembered I think for the very efficient, energetic and skilful rapidity in which you have contributed to consolidating and in strengthening the ASP. As you know Sir, the Latin American and Caribbean Regions have been involved with the development of the Rome Statute and its implementation. And that is emphasised by it's participation in the Prosecutors Office, with the respect to the judges and in deed here the Assembly of States Parties. One of the working groups of the ASP was chaired, and I think very efficiently by our college from Trinidad and Tobago. With your permission Sir, I would like to express our gratitude to her too, because she did an extremely good job in chairing what was a very important working group. The commitment of Latin America and the Caribbean to the Court and to the ASP is also expressed in the work which I am sure will be carried out over the next two meetings of the Assembly of States Parties with the incoming President of the ASP, your colleague, the representative from Costa Rica.
President, with your indulgence I would like to express my very particular congratulations
to the Registrar and to the stuff from his office, for the conference services and translation services. I think they are extremely efficient and valuable assistance, have been a clear indications of the ability of the Hague to host the meetings of the ASP here, at the Headquarters of the Court, in this city. So my congratulations again Mr. President and thank you very much.
I thank the distinguished representative of Peru for his statement and for the kind words he addressed to me. I now give the floor to the representative of Norway.
Thank you Mr. President. I take the floor as Norway, the common chair representative of Western European and other European States at the UN. Your Royal Highness, we are impressed by how you have managed to combine the role of the President of the Assembly of State Parties with all the other important functions as a permanent representative of the Kingdom Jordan. As we all know you have played an important role already in the negotiations dealing after the adoption of the Rome Statute. And given us self evidence candidate as the first President of the Assembly of State Parties. You have both represented the ASP to the outside world and presided over the work in the ASP in the most eminent way. When you hand over the gavel to your successor in one years time, we know that you will continue to keep an interest in the development of the Court. I know that I have all the members in the group with me, when I say that we strongly wish to see you continue to play an active role. Please also allow me to thank the ASP Secretariat, the personal of the ICC, translators and all other service staff for all the help that they have provided in making this conference a great success. Thank you.
I thank the distinguished representative of Norway for her statement and for her kind words addressed to me. And now I give the floor to the representative of the Republic of Korea. You have the floor Sir.
Thank you Mr. President. On behalf of the Asian Group Countries participated in this meeting and also other Asian countries as well, my delegation would like to express their sincere gratitude to the President of the ASP preside and the Court officials, secretariats for their outstanding contribution for this successful meeting. I also wish to extend my heartfelt thanks to the Dutch people and government for their hospitalities and arrangements even for this wonderful weather throughout the whole week. I hope this Court, which is now going, but still in very much in its initial stage, will commence its primary operation in the not wide distanced future. I also hope all the best for everybody attending here. Thank you.
I thank the distinguished representative from Korea for his statement and the kind words addressed to me. And now I give the floor to the distinguished representative from Poland. Poland has the floor.
Thank you Mr. President. On behalf of the Group of Eastern European States, I would like to congratulate you on the excellent way in which you have seared us through our deliberations, during the last years. We all recognize and highly appreciate your personal commitment to the course in furthering international justice and pivotal your role to make the Court a reality. May I also use this occasion to extend our thanks and congratulations to the other members of the Bureau, as well as to the staff of the Secretariat and to the translators. Thank you very much.
I thank the distinguished representative of Poland for his statement and his kind words addressed to me. Before closing, pursuing to Rule 43 of the Rules and Procedure, I invite the distinguished delegates to observe a minute of silence dedicated to prayer and meditation. At 7.30, I declare the 3rd session of the Assembly of States Parties closed.
Corte Penal Internacional
|This document has been published on 30sep04 by the Equipo Nizkor and Derechos Human Rights.|