Ministry Statements & Speeches:
Mr President
We thank President Fernández de Gurmendi for her Report and her ongoing service to the International Criminal Court (ICC). We welcome the opportunity for continued dialogue to discuss the Court’s contribution to international criminal justice and its relationship with the United Nations.New Zealand has been a long-standing supporter of efforts to break the cycle of impunity for the most serious international crimes, regardless of where they occur. For this reason, New Zealand is and remains a strong supporter of the Court and the universality of the Rome Statute. New Zealand has also been ready to express its concerns when we have felt that the Court could perform better in managing some of the issues facing it.
Mr President
As we reflect on the past year, we note that there have been some positive milestones for the Court which we will return to later. But first, we should not shy away in our annual debate this year from the significant, very recent developments that confront us.
Mr President
Members will be aware that New Zealand has consistently underlined that the Court and the States Parties must be more open to constructive dialogue and engagement between the Court, Member States, the United Nations and regional organisations, including the African Union. That is why we welcomed the recent efforts undertaken by both His Excellency Mr. Sidiki Kaba, President of the Assembly of States Parties, and Prosecutor Fatou Bensouda in this regard.
We have long encouraged better engagement with the African Union and African States on issues that we understand are of real concern to them, and which, in our view, merit careful consideration. African States have played an essential role in the ICC since its inception and through their referrals have been actively engaged with the Court.
So that is the context in which we must record our disappointment that Burundi, South Africa and Gambia have taken the decision to withdraw from the Rome Statute. In our view these decisions are regrettable. We hope that in the time that remains before these decisions take effect, there is room for meaningful dialogue on a potential resolution and to provide for a pathway back to full membership of the Court. This will necessarily involve a willingness to expore the issues through genuine engagement. These issues are inherently difficult but fundamentally a commitment by all sides to listen carefully to each others’ perspectives will be an important prerequisite to any progress.
At the same time we must not panic. It was always likely that there would be teething problems with a Court, the need for which had been debated for over 50 years, and especially at a time when the world is experiencing some of the most difficult political tensions since the end of the Cold War. We need to take the challenges seriously and recognise the political realities in which the Court operates.
The Court was the creation of a diplomatic process and we will need a diplomatic process to address the challenges it is now facing. The task is to do that in a way that preserves the essential integrity of the Court and the support for the Court which will be essential for its growth and ongoing viability in the international criminal justice framework. It also requires from the States Parties, more meaningful engagement than we have seen to date to acknowledge and address the underlying concerns. We particularly urge other States Parties to continue the discussions at and around the Assembly of States Parties.
Mr President
New Zealand remains committed to working with all States Parties to create the conditions necessary for this dialogue to take place – dialogue that is open, honest, respectful, and focused on our common goal of ending impunity. We are conscious that achieving this goal will include cooperation and mechanisms at the national, regional and international levels.
Mr President
We of course also want to acknowledge the more positive developments that have occurred over the past year. We welcome the move to the new purpose-built premises, the 30th ratification of the Kampala Amendments on the Crime of Aggression and the first conviction for the war crime of destruction of cultural property in Mali.But as we have explained earlier, we cannot ignore the challenges ahead and nor can we expect them to be resolved quickly.
It will remain imperative to continue to strengthen the practical working relationships between the Court and the United Nations at all levels. In particular, we encourage greater cooperation, coordination and information-sharing with UN sanctions committees. Targeted sanctions are an important tool for addressing threats to international peace and security, including the commission of serious international crimes.
Mr President
As a member of the Security Council, New Zealand emphasises that the relationship between the Court and the Security Council remains as important as ever.
As previously expressed by my delegation, when the Council refers a situation to the Court, it should do so with a clear commitment to follow up. We believe that this is not just a question of providing the Court with the necessary support and resources for referrals the Council makes, including in relation to the Court’s findings of non-cooperation, but of upholding the binding nature of Chapter VII resolutions. The failure to take action calls into question the authority of the Council and its resolutions. Equally, as we have previously said, the Council must be scrupulously careful to avoid using referrals as a political tool in the midst of a conflict. That only politicises the Court and can prolong both conflict and impunity.
Mr President
Our experience on the Council over the past 22 months has only reinforced our view that a robust international accountability framework is essential. The existence of the Court sends a clear message that the crimes specified in the Rome Statute will not be tolerated and will not go unpunished. We believe this objective is common to all of us. For our part, New Zealand remains committed to working with others to strengthen the Court’s effectiveness in fulfilling its mandate.
Thank you, Mr President.