statement by ms. lineo khiba-matekane counsellor, legal affairs ...

STATEMENTBYMS. LINEO KHIBA-MATEKANECOUNSELLOR, LEGAL AFFAIRSDELIVERED AT THE MEETING OF THESIXTH COMMITTEE OF THE 58 TH SESSIONOF THE UNITED NATIONS GENERALASSEMBLY HELD IN NEW YORK.OCTOBER 20, 2003

STATEMENT BY THE LEGAL COUNSELOR, L. KHIBA-MATEKANE AT THEMEETING OF THE SIXTH COMMITTEE OF THE 58 THSESSION OF THEGENERAL ASSEMBLY- ON THE INTERNATIONAL CRIMINAL COURTMr. Chairman,We welcome the opportunity to make this brief intervention on this Agenda Item.Mr. Chairman,One of the most significant but challenging steps in international law has beenthe process for the establishment of an effective, efficient and an independentInternational Criminal Court capable of bringing an end to impunity for thosewho take pride in bringing suffering to human society, and of preventing theworst crimes that plague our world.Mr. Chairman,The court is now functioning, and what is now left is the credible and effectivedelivery of justice. The composition of the judges, and their dedication to thecause is thus crucial. The vigorousness with which the elected judges, theprosecutor and other staff of the Court have plunged into the difficult

-2groundwork-( the drafting of regulations of the Court and formulation of policy)-is evidence of their strong desire to set up a structure of the highest standard,hence to deliver the highest standards of justice.From the calibre of these officials, we are confident of their capabilities and arecertain that the Court will live up to the expectations of the women, men andchildren who have continued to suffer in the hands of those who cherished theculture of impunity.Mr. Chairman,Despite a few potential drawbacks, my Government is satisfied with the processand will continue to work with all others to ensure that we achieve the goals weset ourselves prior to and since Rome. We agree with the wise words that“ Obstacles are those frightful things you see when you take your eyes off yourgoals”. 1Prior to the establishment of the International Criminal Court, the United Nations,through its various organs and agencies, including the Security Council, has beenat the forefront in addressing impunity for serious international crimes. From thecreation of the International Criminal Tribunal for the former Yugoslavia,International Criminal Tribunal for Rwanda, the Sierra Leone Special Court- tothe ultimate establishment of the ICC, we have witnessed the United Nations’1 Henry Ford

-3unfaltering determination and belief in the process. My delegation notes withdeep appreciation and gratitude the role of the United Nations in this regard.We urge all member states of the United Nations who are not yet parties to theRome Statute to rally behind States Parties to help achieve our noble objectivesandthose who are parties to take the necessary measures to ensure meaningfulco-operation. My delegation wishes to call on the Security Council and otherrelevant organs, and subsidiary bodies of the United Nations to explore ways offurther extending co-operation with the International Criminal Court and theAssembly of States Parties to the Rome Statute of the International CriminalCourt.In the same manner, a balanced and constructive relationship between theUnited Nations and the Court is extremely valuable as it would ensure the wellbeingof the Court while preserving the independence of the Court.My delegation feels that this question should be afforded the careful attention itdeserves and will welcome the idea that the agenda item on the ICC continue tobe made part of the agenda at various fora within the United Nations includingthe agenda of this Committee.Mr. Chairman,My Delegation is happy to note the continued interest of delegations to arrive ata consensus on some of the most contentious issues related to the Rome

-4Statute, such as the crime of aggression. It is the view of my delegation that thecontinued participation of all Member States on an equal footing, would enhancethe outcome. We encourage all member States of the United Nations to takeadvantage of the golden opportunity to be part of the process.Mr. Chairman,My delegation welcomes the recognition by the Assembly of States Parties, ofthe important role of the NGO Coalition for the International Criminal Court in theICC process. The contribution of civil society to this process at the national andinternational levels continues to grow more and more. We, in Lesotho have hadour fair share of the benefits of direct technical assistance extended to us by ‘NoPeace Without Justice’, a member of the NGO Coalition. This has enabled us tofully participate in the processes leading to the establishment of the Court, to theextent that we have almost completed legislation to implement the obligationswe assumed when we ratified the Rome Statute. In the same vein, we welcomethe adoption of a resolution for the establishment of a trust fund for theparticipation of the least developed countries in the activities of the Assembly ofStates Parties to the Rome Statute.Finally, we would like to commend the outstanding work and extensive supportthat has continuously been rendered in the cause, by the Host Country, TheNetherlands.

Thank you.