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30 November 2000
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30 November 2000
“Human Rights and the International Criminal Court”
Address by Mary Robinson, United Nations High Commissioner for Human Rights, Caracas, Venezuela, 30 November 2000
Your Excellency Mr. Vice-President,
Distinguished Guests,
Ladies and Gentleman,
It is a great honour for me to be here in the land of Latin America's renowned patriot, Simon Bolivar, who led the struggle for independence of several Latin American nations. I am also honoured to be here as guest speaker at Venezuela's Diplomatic Academy which takes its name from Pedro Gual, the first Minister of Foreign Affairs of the Great Colombia. Pedro Gual fought for Bolivar's dream of a united Latin America. This ideal endures in the form of multiple regional fora and is the guiding principle of a strong regional system which has had an impact in many fields, including the promotion of human rights.
I welcome the fact that Venezuela has ratified the six major human rights instruments: this has set a model for other states to follow.
I also welcome the ratification by Venezuela of the Statute on the Establishment of the International Criminal Court (ICC). Venezuela is playing a pioneer role as the sole Spanish speaking Latin American country to have ratified this new international instrument so far. This should be a cause of justified pride for the Venezuelan people. It will be important that it is published in the official gazette and implemented in Venezuelan law.
I would like to encourage the Venezuelan authorities to share with other Latin American partners the experience gained in the process of ratification of the Statute of Rome. Bearing in mind the many shared elements in the legal systems of the region, the Venezuelan example could serve as a guide to such obstacles as may be found in national legislation to ratification of such an important human rights instrument.
Importance of the International Criminal Court
The appropriate response to all allegations of serious violations of human rights and humanitarian law - wherever in the world they are reported - is that they be rigorously and independently investigated. Where proven to be well-founded, those responsible have to be brought to justice. There can be no lasting protection for human rights, or any respect for the rule of law, without a coherent international criminal justice system with a permanent criminal court at its core. There must be no selectivity, no sanctuary, no impunity for those guilty of gross human rights violations.
The Rome Statute is an historic achievement, establishing for the first time a universal framework to end impunity for the most serious crimes under international law. It is more than a half-century since the international community first recognised the need for a permanent international criminal court to ensure accountability for atrocities such as those perpetrated during the Second World War. It took many years, and a great deal of suffering, before this was realised and acted on.
The ad hoc tribunals created to deal with atrocities in the former Yugoslavia and in Rwanda were the first international mechanisms of their kind to have been established since the post-war international military tribunals of Nuremberg and Tokyo. They have done - and continue to do - invaluable work. But like the earlier tribunals, they are essentially retrospective in character, having been set up after the situation had already reached disastrous proportions and after serious violations of human rights and international humanitarian law had been committed. Moreover, the tribunals were established to deal with events in specific geographic areas, while similar events that took place elsewhere in the world remained unaddressed.
The adoption of the Rome Statute on the International Criminal Court provides an inspirational start for the new century. The Statute is built upon a base of shared values - values that reflect the collective desire of the international community to no longer tolerate impunity for serious violations of human rights and international humanitarian law. I refer you to the text of the Preamble, which captures the spirit of these values:
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time;
Mindful that during this century millions of children, women and men have been victims of unimagineable atrocities that deeply shock the conscience of humanity;
Recognizing that such grave crimes threaten the peace, security and well-being of the world…
These simple phrases underline the urgency of the need for effective strategies to prevent violations of human rights from occurring. They also speak to the magnitude of the responsibility that the international community accepts to ensure that action is taken to bring perpetrators to justice when such crimes do occur.
I would like to focus particularly today on what I consider to be the most important role the International Criminal Court has to play – that of deterring the most flagrant violations of human rights.
Crimes against humanity, war crimes and genocide
We are all too well aware that crimes against humanity and war crimes have been and continue to be committed in many regions of the world. Genocide has also stained recent history. A look back over the past decade paints a grim picture of inhumanity on a massive scale. In conflicts in East Timor, Sierra Leone, Rwanda and the former Yugoslavia, thousands of civilians have been maimed, raped, murdered and driven from their homes, almost as a matter of routine. It is terrible to see so many instances of widespread, open repudiation of the most basic principles of human rights and international humanitarian law.
Where domestic law and order has broken down, or where the competent authorities are unwilling to take action in the face of abuses, individuals may feel that they can commit even the most atrocious crimes without fear of legal sanction. When this happens there is an urgent need to apply the principle of international accountability for crimes. If serious human rights violations are not addressed and a climate of impunity is permitted to continue, the effect will be to stoke the fires of long term social, political and other conflict. Where a community splits along religious or ethnic lines, such conflict can be perpetuated through cycles of vengeance over decades, even centuries. Dealing with the aftermath of serious and widespread human rights and international humanitarian law violations is not only essential to the prospects for peace in the societies concerned, it can also have an important deterrent effect elsewhere; just as impunity in one situation can set the worst possible example for another.
The Rome Statute
The cornerstone of the ICC Statute is the principle of complementarity, which means that States retain the primary opportunity and obligation to prosecute and punish individuals for serious violations of human rights and international humanitarian law. States must ensure accountability for crimes of international concern by bringing perpetrators to justice before their own courts and by ensuring the application of the principle of universal jurisdiction. It is only if they cannot, or will not, act that the ICC will be able to assume jurisdiction. It is hoped that, as a complementary mechanism of justice, the ICC will encourage States to fulfil their primary obligations more diligently and to stimulate national investigations and prosecutions of heinous crimes when warranted.
The Statute is a major step forward in that, for the first time, a major multilateral treaty unequivocally codifies certain acts as war crimes when committed in non-international armed conflicts. This recognition dispels the notion that there should be a difference in the treatment owed to individuals in situations of armed conflict depending on the type of conflict involved. Just as importantly, the Statute codifies crimes against humanity in a multilateral treaty for the first time since the post-War tribunals. The Court will have jurisdiction over crimes against humanity regardless of whether committed by official or non-State actors and regardless of whether the acts were committed in peacetime or in time of armed conflict.
I particularly welcome the fact that the ICC Statute includes a comprehensive list of acts of gender and sexual violence as war crimes – whether committed in international or non-international armed conflict – and as crimes against humanity when the requisite conditions are met. I am also pleased that other provisions which my Office had suggested are reflected in the Statute, for example, the special provisions mandating the Prosecutor’s office to appoint advisers with legal expertise on sexual and gender violence and violence against children. I also welcome the recognition by the ICC Statute that attacks on humanitarian personnel constitute war crimes, regardless of the type of conflict involved. I am heartened that the Statute recognises the right of victims of heinous crimes to various forms of reparations.
In order to be just, the International Criminal Court must ensure the application of all relevant international standards of fair trial and due process. In that context, it is important to note that the Rome treaty incorporates rights protected in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture. It is to be hoped that the ICC will thus provide guidance to domestic jurisdictions in the application of international human rights law and set standards in the area of international criminal justice that will be recognised by all.
Looking ahead: the challenge of ratification
While we celebrate the adoption of the ICC Statute, the work of the international community is not finished. Currently there have been 117 signatures and 23 ratifications of the Statute, which requires 60 ratifications in order to come into effect. Efforts to promote widespread ratification and the active and sustained support of the Court by all States are essential to ensure that the ICC can fulfil its high purposes.
While rapid ratification of the Rome Statute remains of utmost importance, the International Criminal Court was not envisaged to be, and cannot be, the only mechanism for dealing with human rights violations. Combating impunity involves the application of a variety of measures aiming at deterring, putting a stop to, and preventing the occurrence of abuses. Therefore we must remain open to the possibilities of different ways of securing justice and accountability based on the specifics of many conflict and post-conflict situations.
Countries like Venezuela that have taken the early initiative to ratify the Statute can play an important role in encouraging others to follow their lead. As part of the Rio Group of States, Venezuela has, by ratifying the Statute, sent a message of support for the ICC to other States who may not yet be convinced of the Court’s place in the international criminal justice system.
The adoption of the Elements of Crime and the Rules of Procedure and Evidence, and the ongoing work of the Preparatory Commission – which is currently in its sixth working session in New York - should provide further encouragement to those States to proceed with ratification of the Statute. I continue to urge all governments that have not already done so to sign and ratify the Rome Statute of the International Criminal Court, and wherever necessary, to adopt domestic legislation implementing obligations under the Statute, including effective compliance with the Court's requests, orders and decisions. An effective and credible International Criminal Court requires our full support as a key component in the quest for global justice and human rights for all.
Thank you.
“Human Rights and the International Criminal Court”
Address by Mary Robinson, United Nations High Commissioner for Human Rights, Caracas, Venezuela, 30 November 2000
Your Excellency Mr. Vice-President,
Distinguished Guests,
Ladies and Gentleman,
It is a great honour for me to be here in the land of Latin America's renowned patriot, Simon Bolivar, who led the struggle for independence of several Latin American nations. I am also honoured to be here as guest speaker at Venezuela's Diplomatic Academy which takes its name from Pedro Gual, the first Minister of Foreign Affairs of the Great Colombia. Pedro Gual fought for Bolivar's dream of a united Latin America. This ideal endures in the form of multiple regional fora and is the guiding principle of a strong regional system which has had an impact in many fields, including the promotion of human rights.
I welcome the fact that Venezuela has ratified the six major human rights instruments: this has set a model for other states to follow.
I also welcome the ratification by Venezuela of the Statute on the Establishment of the International Criminal Court (ICC). Venezuela is playing a pioneer role as the sole Spanish speaking Latin American country to have ratified this new international instrument so far. This should be a cause of justified pride for the Venezuelan people. It will be important that it is published in the official gazette and implemented in Venezuelan law.
I would like to encourage the Venezuelan authorities to share with other Latin American partners the experience gained in the process of ratification of the Statute of Rome. Bearing in mind the many shared elements in the legal systems of the region, the Venezuelan example could serve as a guide to such obstacles as may be found in national legislation to ratification of such an important human rights instrument.
Importance of the International Criminal Court
The appropriate response to all allegations of serious violations of human rights and humanitarian law - wherever in the world they are reported - is that they be rigorously and independently investigated. Where proven to be well-founded, those responsible have to be brought to justice. There can be no lasting protection for human rights, or any respect for the rule of law, without a coherent international criminal justice system with a permanent criminal court at its core. There must be no selectivity, no sanctuary, no impunity for those guilty of gross human rights violations.
The Rome Statute is an historic achievement, establishing for the first time a universal framework to end impunity for the most serious crimes under international law. It is more than a half-century since the international community first recognised the need for a permanent international criminal court to ensure accountability for atrocities such as those perpetrated during the Second World War. It took many years, and a great deal of suffering, before this was realised and acted on.
The ad hoc tribunals created to deal with atrocities in the former Yugoslavia and in Rwanda were the first international mechanisms of their kind to have been established since the post-war international military tribunals of Nuremberg and Tokyo. They have done - and continue to do - invaluable work. But like the earlier tribunals, they are essentially retrospective in character, having been set up after the situation had already reached disastrous proportions and after serious violations of human rights and international humanitarian law had been committed. Moreover, the tribunals were established to deal with events in specific geographic areas, while similar events that took place elsewhere in the world remained unaddressed.
The adoption of the Rome Statute on the International Criminal Court provides an inspirational start for the new century. The Statute is built upon a base of shared values - values that reflect the collective desire of the international community to no longer tolerate impunity for serious violations of human rights and international humanitarian law. I refer you to the text of the Preamble, which captures the spirit of these values:
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time;
Mindful that during this century millions of children, women and men have been victims of unimagineable atrocities that deeply shock the conscience of humanity;
Recognizing that such grave crimes threaten the peace, security and well-being of the world…
These simple phrases underline the urgency of the need for effective strategies to prevent violations of human rights from occurring. They also speak to the magnitude of the responsibility that the international community accepts to ensure that action is taken to bring perpetrators to justice when such crimes do occur.
I would like to focus particularly today on what I consider to be the most important role the International Criminal Court has to play – that of deterring the most flagrant violations of human rights.
Crimes against humanity, war crimes and genocide
We are all too well aware that crimes against humanity and war crimes have been and continue to be committed in many regions of the world. Genocide has also stained recent history. A look back over the past decade paints a grim picture of inhumanity on a massive scale. In conflicts in East Timor, Sierra Leone, Rwanda and the former Yugoslavia, thousands of civilians have been maimed, raped, murdered and driven from their homes, almost as a matter of routine. It is terrible to see so many instances of widespread, open repudiation of the most basic principles of human rights and international humanitarian law.
Where domestic law and order has broken down, or where the competent authorities are unwilling to take action in the face of abuses, individuals may feel that they can commit even the most atrocious crimes without fear of legal sanction. When this happens there is an urgent need to apply the principle of international accountability for crimes. If serious human rights violations are not addressed and a climate of impunity is permitted to continue, the effect will be to stoke the fires of long term social, political and other conflict. Where a community splits along religious or ethnic lines, such conflict can be perpetuated through cycles of vengeance over decades, even centuries. Dealing with the aftermath of serious and widespread human rights and international humanitarian law violations is not only essential to the prospects for peace in the societies concerned, it can also have an important deterrent effect elsewhere; just as impunity in one situation can set the worst possible example for another.
The Rome Statute
The cornerstone of the ICC Statute is the principle of complementarity, which means that States retain the primary opportunity and obligation to prosecute and punish individuals for serious violations of human rights and international humanitarian law. States must ensure accountability for crimes of international concern by bringing perpetrators to justice before their own courts and by ensuring the application of the principle of universal jurisdiction. It is only if they cannot, or will not, act that the ICC will be able to assume jurisdiction. It is hoped that, as a complementary mechanism of justice, the ICC will encourage States to fulfil their primary obligations more diligently and to stimulate national investigations and prosecutions of heinous crimes when warranted.
The Statute is a major step forward in that, for the first time, a major multilateral treaty unequivocally codifies certain acts as war crimes when committed in non-international armed conflicts. This recognition dispels the notion that there should be a difference in the treatment owed to individuals in situations of armed conflict depending on the type of conflict involved. Just as importantly, the Statute codifies crimes against humanity in a multilateral treaty for the first time since the post-War tribunals. The Court will have jurisdiction over crimes against humanity regardless of whether committed by official or non-State actors and regardless of whether the acts were committed in peacetime or in time of armed conflict.
I particularly welcome the fact that the ICC Statute includes a comprehensive list of acts of gender and sexual violence as war crimes – whether committed in international or non-international armed conflict – and as crimes against humanity when the requisite conditions are met. I am also pleased that other provisions which my Office had suggested are reflected in the Statute, for example, the special provisions mandating the Prosecutor’s office to appoint advisers with legal expertise on sexual and gender violence and violence against children. I also welcome the recognition by the ICC Statute that attacks on humanitarian personnel constitute war crimes, regardless of the type of conflict involved. I am heartened that the Statute recognises the right of victims of heinous crimes to various forms of reparations.
In order to be just, the International Criminal Court must ensure the application of all relevant international standards of fair trial and due process. In that context, it is important to note that the Rome treaty incorporates rights protected in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture. It is to be hoped that the ICC will thus provide guidance to domestic jurisdictions in the application of international human rights law and set standards in the area of international criminal justice that will be recognised by all.
Looking ahead: the challenge of ratification
While we celebrate the adoption of the ICC Statute, the work of the international community is not finished. Currently there have been 117 signatures and 23 ratifications of the Statute, which requires 60 ratifications in order to come into effect. Efforts to promote widespread ratification and the active and sustained support of the Court by all States are essential to ensure that the ICC can fulfil its high purposes.
While rapid ratification of the Rome Statute remains of utmost importance, the International Criminal Court was not envisaged to be, and cannot be, the only mechanism for dealing with human rights violations. Combating impunity involves the application of a variety of measures aiming at deterring, putting a stop to, and preventing the occurrence of abuses. Therefore we must remain open to the possibilities of different ways of securing justice and accountability based on the specifics of many conflict and post-conflict situations.
Countries like Venezuela that have taken the early initiative to ratify the Statute can play an important role in encouraging others to follow their lead. As part of the Rio Group of States, Venezuela has, by ratifying the Statute, sent a message of support for the ICC to other States who may not yet be convinced of the Court’s place in the international criminal justice system.
The adoption of the Elements of Crime and the Rules of Procedure and Evidence, and the ongoing work of the Preparatory Commission – which is currently in its sixth working session in New York - should provide further encouragement to those States to proceed with ratification of the Statute. I continue to urge all governments that have not already done so to sign and ratify the Rome Statute of the International Criminal Court, and wherever necessary, to adopt domestic legislation implementing obligations under the Statute, including effective compliance with the Court's requests, orders and decisions. An effective and credible International Criminal Court requires our full support as a key component in the quest for global justice and human rights for all.
Thank you.