United Nations General Assembly Seventy-eighth session – Report of the International Criminal Court (Item 74)

Ministry Statements & Speeches:

Statement delivered by Deputy Permanent Representative H.E. Mr. Justin Fepuleai

Thank you Mr President.

We thank President Hofmański for the Court’s report and welcome the opportunity to discuss the International Criminal Court’s contribution to the international rule of law and its relationship with the United Nations.

As the first and only permanent international criminal court, New Zealand considers the Court to be a central pillar in the international rules-based order and the international criminal justice system. Twenty five years after the Rome Statute established the Court, we commend the significant progress the Court has made in both delivering justice for victims and accountability for perpetrators of some of the most serious crimes of international concern. We note, in this regard, the substantial investigatory work the Court has accomplished this year concerning conflicts and alleged crimes across four continents.

We also look forward to the election of six new judges this year that reflect our commitment to gender balance and geographical diversity. We are confident those judges will continue the Court’s work in holding to account individuals responsible for the most serious international crimes and support the overall good-functioning of the Court.

The cooperation, assistance and support of States remain essential to the Court’s operations and fulfilment of its independent and impartial mandate. States Parties and others must provide the necessary cooperation and assistance to help end impunity for the perpetrators of the most serious crimes of concern to the international community by facilitating their arrest and surrender to the Court.

New Zealand’s focus has been on ensuring the Court is sufficiently resourced to enable it continue undertaking its investigations and prosecutions independently, impartially and securely.

This is particularly important at a time when the Court faces a number of direct threats. It is unacceptable that arrest warrants have been issued for elected officials and personnel of the Court. It is also unacceptable for actors to compromise the security of the information systems of the Court. Despite this, we know the Court will not be deterred from pursuing its vital mandate.

We will continue to demonstrate our support for the Court, including through voluntary contributions, in order to help ensure that the Court delivers justice for victims.

We are pleased that this year The Trust Fund for Victims implemented reparations to victims in four cases and conducted other projects in several countries, benefiting close to 17,000 victims.

The Court contributes to peace and security, taking a holistic approach to justice by way of complementarity, cooperation and universality. The primary responsibility to take robust and appropriate measures when faced with the commission of international crimes lies with States. The Court complements, rather than replaces, national courts as an independent court of last resort.

Domestic courts and judicial processes which secure accountability for the perpetrators of international crimes are crucial to implementing the principle of complementarity. We encourage States Parties that have not done so to consider incorporating Rome Statute crimes and principles into their domestic law, establish or enhance national processes for cooperation with the Court and train legal professionals on the investigation and prosecution of international crimes.

New Zealand calls on all States that have not yet done so to ratify or accede to the Rome Statute. We strongly support universal membership of the Rome Statute, which will help end impunity and ensure that all victims have access to justice.

Thank you Mr President.

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