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UN Press Release
April 23, 2002

Annan Urges States To Ratify ICC Statute

Annan urges States to ratify war crimes court's statute, as preparatory panel ends session

UN Secretary-General Kofi Annan19 April - As the preparatory body laying the groundwork for the world's first permanent war crimes court wrapped up its latest session today, United Nations Secretary-General Kofi Annan praised the speedy ratifications of the Rome Statute and expressed hope that the tribunal would be functioning by mid-2003.

"Now with the unusually rapid entry of the Statute into force, we are witnessing a great victory for justice, and for world order - a turn away from the rule of brute force, and towards the rule of law," the Secretary-General said in his statement to the ninth session of the Preparatory Commission for the International Criminal Court.

Last week, 10 countries deposited their instruments of ratification with the United Nations, bringing to 66 the total number of approvals, six more than is needed to bring the Rome Statute into force on 1 July.

In his remarks today, Mr. Annan urged the remaining 73 signatories to the Rome Statute to ratify the accord as soon as possible. "Indeed, ultimately all States should become parties to the Statute," he said. "As I said in Rome last week, the best defence against evil will be a Court in which every country plays its part."

Since the treaty was adopted in July 1998 in Rome, the Commission has had the task of negotiating the practical and technical arrangements necessary to allow the Court to function.

At this latest session at UN Headquarters in New York, the Commission was in the last stages of negotiations on the final remaining issues, including a first-year budget for the Court and administrative and financial matters connected to the initial meeting of the Assembly of States Parties, now expected to take place in September in The Hague.

The Commission also dealt with arrangements for the nomination and election procedure for judges, the prosecutor and the registrar, as well as their remuneration; and a trust fund for victims and witnesses. In addition, final details were being worked out concerning the principles that should govern the headquarters agreement with the Host Country of the Court, the Netherlands.

Rome, Italy, 11 April 2002 - Press conference with President Carlo Ciampi following ratification of the Rome Statute of the International Criminal Court (ICC)


Secretary-General's opening statement:

Thank you, President Ciampi,

About an hour ago, in New York, representatives of 10 States deposited their instruments ratifying the Rome Statute of the International Criminal Court, bringing the total to 66.

By so doing, they took us past the threshold of sixty ratifications needed for the Statute to enter into force.

The long-held dream of a permanent international criminal court will now be realised. Impunity has been dealt a decisive blow.

I am delighted to be in Rome for this historic event, because it was here that the Conference leading to the adoption of the Statute was held.

I shall never forget being in the Campidoglio, on 18 July 1998, to witness some of the first signatures being affixed. And Mr. President, you were there with me.

A missing link in the international justice system is now in place. For a long time we have had the International Court of Justice, which deals with disputes between States. But until now we had no permanent international court where individuals could be put on trial.

The establishment of the new Court will fill that gap.

The Statute will now come into force on the first of July -- less than four years after it was adopted. By next year the Court should be up and running.

Those who commit war crimes, genocide or other crimes against humanity will no longer be beyond the reach of justice. Humanity will be able to defend itself -- responding to the worst of human nature with one of the greatest achievements: the rule of law.

I thank the Italian government and people for all they have done to bring this about.

I congratulate the 66 States that have now ratified the Statute.

I urge those who have not done so to follow their example. The best defence against evil will be a Court in which every country plays its part. And let me repeat, the best defence against evil will be a Court in which every country plays its part.

And I thank the many non-governmental organisations whose tireless efforts contributed to this success.

The time is at last coming when humanity no longer has to bear impotent witness to the worst atrocities, because those tempted to commit such crimes will know that justice awaits them.

Let us make the International Criminal Court an effective instrument. Let it be a deterrent to the wicked, and a ray of hope for the innocent and the helpless.

Thank you very much.

Questions and Answers:

Q: [translated from Italian] I would like to address a question to the Secretary-General of the United Nations. What do you think will be done over the next few months, and also, with regard to the upcoming deadlines for the International Criminal Court, in other words, what do you think will be done to overcome the reservations of some countries - China, Israel, the United States - for example? We all have certain expectations in connection with this Court, and there may be delays because of these reservations, and as President Ciampi has already said, we are worried about what is happening now
in the Middle East, and therefore we would like to ask you, Mr. Annan, if there are any new initiatives being considered, new initiatives with regard to the deployment of UN observers, for example, in the region?

SG: Let me, on the first question, say that we shall go ahead and establish the Court. I hope the Court will be up and running, as I said, by next year. The vast majority of nations in the world have signed on to the Court. We have 66 ratifications as I said today and we need only 60 to go ahead and establish the Court.

I know there are countries who have reservations and have indicated they will not sign on. But I think it should not hold back those countries that are determined to go ahead and ensure that this missing link in international law is established. I also believe that those who today are not enthusiastic will over time come to recognize the importance and the usefulness of the Court. And some in fact may need it more than those who have already ratified it, and so I am not worried about establishment of the Court. We will go ahead and do it, and I hope others who today have reservations will join one day. This happened before and it can happen for this one.

On the question of the Middle East, we are all awaiting with expectation the visit and the mission of Secretary of State Powell. It is not an easy mission. It is an extremely delicate and complicated mission. The fighting continues. The Security Council resolutions are clear, but there doesn't seem to be any indications to implement them. We need to maintain the pressure, and hope to get the parties to respect these resolutions. The international community has finally come together and we are speaking with one voice, with one objective and one purpose, and I think that was made abundantly clear from the communiqué in Madrid yesterday, and also the support that the Security Council gave to that communiqué. I think the parties, left to themselves, cannot resolve this conflict. We have seen what has happened in the last 18 months. They do need third
party assistance and I think we should press ahead and provide that assistance.

Q: Mr. President, Mr. Annan, [inaudible] from AFP, when the International Court is functioning, can you perceive either side in the Middle East conflict facing charges?

SG: That is a highly speculative area I don't want to be drawn into. Obviously, the Court will be established to be able to put individuals on trial, individuals who have committed crimes against humanity, genocide, as I listed here, and whether somebody will bring charges against anybody in the region is a question for the future to answer, and I would prefer not to speculate.

Spokesman: We now have a question from New York. Thank you very much Mr. Secretary-General, the question will be asked by Bill Varner of Bloomberg News.

Q: Mr. Secretary-General, what would you say to U.S. congressional concerns that the Court could be used to prosecute U.S. servicemen overseas or diplomats, in other words, political prosecutions?

SG: The Court is not directed against citizens from any particular country. The Court is directed against criminals, and the Court will prosecute in situations where the country concerned is either unable or unwilling to prosecute. Countries with good judicial systems, who apply the rule of law and prosecute criminals and do it promptly and fairly need not fear. It is where they fail that the Court steps in, so there is a principle of complementarity here, and this will be my answer to those who are concerned about this. I don't think this is a Court that is going to run amok, intrusive, and take on cases which are before national courts. So I hope you can pass on the answer.