Statements and Speeches by Ministry Representatives 2005

United Nations General Assembly, Sixtieth Session, Item 81, Report of the International Criminal Court

Statement by Tim McIvor, New Zealand Deputy Permanent Representative to the United Nations, 8 November 2005

Mr President,

This year has once again seen important developments for the International Criminal Court. We welcome Mexico as the 100^th state party to the Rome Statute and we warmly congratulate them, along with the Dominican Republic and Kenya for joining the fight to end impunity.

The fact that a majority of UN Member States have now become party to the Rome Statute highlights the vital contribution that the Court will make to our common goal of enhanced security, justice and the rule of law. Accordingly, New Zealand continues to support efforts towards universalisation of the Rome Statute and we urge other states to follow the recent examples of those that have become parties.

Last year, New Zealand urged the Security Council to recognize the role of the International Criminal Court if that is what the circumstances require to ensure perpetrators of the most serious crimes do not evade justice. New Zealand welcomes the referral by the Council in March this year of the situation in Darfur. We also welcome the examples set by Uganda, the Democratic Republic of Congo and the Central African Republic in referring their particular situations to the Court. We celebrate the fact that the prosecutor has launched formal investigations into each of these situations and we welcome the issuing of the Court’s first arrest warrants against five senior members of the Lord’s Resistance Army.

New Zealand is pleased that work on the crime of aggression is progressing well. We urge states to participate actively in this work, which constitutes a fundamental element of the Court’s mandate.

Mr. President,

Despite these achievements, New Zealand recognizes that the Court still faces challenges. In the World Summit Outcome Document, the absence of reference to the commitment to end impunity or of any acknowledgment of the International Criminal Court’s central contribution to this goal was a significant silence. While we understand the sincerity of those few states that have reservations about the ICC, in our view, the Rome Statute contains a comprehensive range of checks and balances to protect against abuse. Accordingly, while we respect the decision of those states who have decided not to become parties, we request these states to accord equal respect to the rights of states which have chosen to become party to the Rome Statute – to nurture the Court and to ensure that it continues to be a responsible and effective judicial mechanism.

Mr. President,

New Zealand continues to believe that the true test of the ICC is its actions. We remain firmly committed to the Court and we will continue to work with others to ensure that it continues to be given opportunity to carry out its mandate. We are confident that time will demonstrate that the ICC is worthy of our trust.

Thank you Mr. President.

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