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<title>MR. GRAHAM - ADDRESS TO THE INTERNATIONAL CRIMINAL COURT ASSEMBLY OF STATES PARTIES - NEW YORK, NEW YORK</title>
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<p><font size="+1"></font><font size="+1"><strong><u>CHECK AGAINST DELIVERY</u></strong></font></p>
<p align="CENTER"><font size="+1"><strong>NOTES FOR AN ADDRESS BY THE HONOURABLE BILL GRAHAM, MINISTER OF
FOREIGN AFFAIRS, TO THE INTERNATIONAL CRIMINAL COURT</strong> <strong>ASSEMBLY OF
STATES PARTIES</strong></font></p>
<p><font size="+1"><strong>NEW YORK CITY, New York</strong></font></p>
<p><font size="+1"><strong>September 9, 2002</strong></font></p>
<p>It is truly an honour for me to address this important Assembly on this historic occasion. Allow me to begin by expressing
my sincere congratulations to you, Mr. President, on your unanimous selection to lead this Assembly. From your work in
Rome to your masterful chairing of negotiations in the Preparatory Commission on the Elements of Crime, you have
already demonstrated your abilities and commitment to the cause of peace and justice, and your personal attachment to the
International Criminal Court (ICC). Through you, I would also like to extend my appreciation to His Majesty King
Abdullah, for supporting you in this important role and for Jordan's leadership in bringing the International Criminal Court
to reality. I also extend my congratulations to the Vice-Presidents, the Rapporteur and the other members of the Bureau of
the Assembly of States Parties.</p>
<p>This has been a momentous year for the ICC and for the promotion of the international rule of law. In April, we celebrated
the simultaneous ratification of the Rome Statute by 10 states, triggering the entry into force of the treaty, which occurred
on July 1. On July 12, the eleventh and final session of the Preparatory Commission, chaired by Ambassador Philippe
Kirsch of Canada, came to a successful conclusion, having fulfilled the mandate entrusted to it by the Rome Diplomatic
Conference. Last week, the Assembly of States Parties began its work by approving the many instruments and resolutions
developed by the Preparatory Commission. These instruments and documents are fundamental to the functioning of the
Court and members of the Assembly are, therefore, to be congratulated for their efficiency in ensuring approval of these
texts.</p>
<p>As we all know, the United States has formally renounced its support for the ICC, and other states have opposed the
creation of the Court. I will not reiterate the arguments to reassure democratic, law-abiding states that they have nothing to
fear from the International Criminal Court. The safeguards in the Rome Statute and the objective, professional manner in
which this Assembly has already assumed its important role are cogent testimony to that fact. Those who cannot accept our
motives apparently regard this as a matter of trust, which they feel is as yet unearned. I am reminded of the words of Tony
Judt, Director of the Remarque Institute at New York University, in the <em>New York Review of Books</em>: "If America displays a
lack of trust in others, the time may come when they return the compliment."</p>
<p>I am sure that you will agree with me that we must continue to work with our American friends, especially those we know
are supportive, to bring their important voice into the Court. Clearly, however, remaining concerns will best be assuaged
by the Court moving beyond its noble intentions and proving its ability to bring to justice the most notorious violators of
international humanitarian law.</p>
<p>For even amongst the Court's detractors, I am convinced that there is universal consensus that all states have a duty to the
countless victims of crimes against humanity, to their survivors, and to the succeeding generations who will bear the burden
of their legacy--an obligation to do all that is in our power to prevent those horrors from recurring. And while there may be
those who advocate the ad hoc and often unilateral pursuit of these aims, I would contrast that view with the wise words of
that great American jurist Robert Jackson at Nuremberg: "We are not prepared to lay down a rule of criminal conduct
against others which we would not be willing to have invoked against us."</p>
<p>It was, I believe, this philosophy that inspired the creation of the Court. It is this spirit that must inform our future
endeavours.</p>
<p>Our work ahead, then, is clear. We, the representatives of the States Parties to the Rome Statute, who together constitute
this Assembly, have assumed a special trust. In the months and years ahead, we must demonstrate to every state, to
members of civil society, and to the victims of the most heinous crimes, that the Court we have created is impartial,
apolitical and capable of interceding where national institutions have failed to deliver justice. How are we to meet this
objective?</p>
<p>The Assembly has taken a critical first step in the adoption of the instruments prepared by the Preparatory Commission.
The Rules of Procedure and Evidence strengthen and clarify the safeguards in the Rome Statute, enhance the rights of the
accused, and provide for unprecedented opportunities for the victims of crimes to participate in various stages of the
Court's work. The Elements of Crime provide guidance to the Prosecutor and the judges on the nature of the crimes under
the Court's jurisdiction. The Financial Rules and Regulations and the First Year Budget are constructed on sound and
fiscally responsible principles. These instruments are now ready for use by the Court, while others approved this week will
require follow-up action. The Agreement on Privileges and Immunities for the Court requires ratification and
implementation by States Parties. In this regard, I am confident that Canada will be in a position to sign and ratify it in the
very near future.</p>
<p>The Agreement between the United Nations and the ICC is an important instrument, given the close cooperation expected
between the two organizations. As States Parties to the Rome Statute and members of the UN, it is incumbent upon all of
us to use all means available to ensure that this Agreement comes into force as soon as possible. The Assembly has
approved the guidelines for a headquarters agreement between the Court and the Netherlands. I am sure that you will agree
with me that the Dutch government has earned our collective gratitude for the efforts it has made to provide the Court with
temporary facilities, including much welcome support to the Advance Team, and for the thoroughness of its plans for the
permanent facilities of the Court. We have no doubt that the Netherlands will work diligently to conclude a comprehensive
headquarters agreement as soon as is feasible.</p>
<p>The Assembly has also approved the procedures for the elections of the judges and the Prosecutor. These elections, together
with the subsequent election of the Registrar, are fundamental to the success of the Court. We can appreciate how difficult
the negotiations were on this issue, as delegates struggled to find the right formula that would enhance the possibility of
electing the best possible candidates representing all geographic regions and a balance between female and male judges. I
can assure the Assembly that Canada will use its votes and its influence to promote these important objectives. </p>
<p>I am also pleased to announce that Canada is nominating Ambassador Kirsch as a candidate for judge on the Court. His
expertise is well known to many of you, through his role as Chair of the Preparatory Commission and Chair of the
Committee of the Whole at the Rome Diplomatic Conference. </p>
<p>The role of the Assembly of States Parties will not conclude with the elections of the judges, Prosecutor and Registrar.
Contrary to the views of some critics, who assert that the Court will not be politically accountable, the Assembly will
continue to play a key role as the political entity overseeing the work of the Court. In so doing, the Assembly must find the
appropriate balance which resists any political interference in the workings of the Court, ensures proper management of the
Court, and insists on adherence to the Statute and ancillary instruments of the Court. The Assembly must also continue the
important task of preparing a proposal on the crime of aggression and the modalities for its implementation, for future
consideration by the ICC Review Conference.</p>
<p>As States Parties, we must intensify our efforts to promote the Court. The very fact that 79 states have adhered to the Rome
Statute in the four years since its adoption is an inspiring accomplishment, given the complexity of the treaty. However, we
should not be content until the Rome Statute enjoys universal acceptance. </p>
<p>Canada, for its part, will continue its active promotion of the ICC. As you may know, Canada has already adopted the
necessary laws to incorporate the Court into our domestic legal system. I must say, along with my colleague, Irwin Cotler,
the renowned international lawyer and Member of Parliament from Montreal who is here with us today, that we are proud
to have had some part in that truly groundbreaking legislative process.</p>
<p>Over the next year, Canada intends to invest over $1.5 million in projects to promote ratification and implementation of the
Rome Statute. We also intend to work with other states and civil society organizations to develop projects to assist the
Court more directly by enhancing its expertise in areas such as training and support for victims and gender and child
specialists. </p>
<p>There are many people to whom the world owes a debt of gratitude for their contributions to the establishment of the
International Criminal Court. Quite a number of these persons are here with us today, including yourself, the Secretary-General, President Arthur Robinson of Trinidad and Tobago, and members of the Coalition for the ICC. </p>
<p>But there is a real risk that the tremendous efforts exerted by these people could one day be lost. Complacency and doubt
are the real threats to this Court. We must keep building on the momentum and popular acceptance that we have
accomplished through careful planning and advocacy. And, rather than shrinking from unsubstantiated criticisms of the
Court, we must prove them wrong by establishing an effective body that will make a meaningful contribution to the cause
of peace and justice. For those of us who believe in the efficacy and essential morality of the international rule of law, let us
work together, as we have done in the past, to build on our successes and realize the goal of a truly functional International
Criminal Court.</p>
<p>In so doing we will, I believe, be making an essential and enormously important contribution to meeting one of the greatest
challenges of our world: the creation of global instruments and institutions which address the governance needs of the
interdependent world in which we live and which reflect the pluralistic consensus of the world's peoples that guided the
creation of the Court and which is represented here in this room today.</p>
<p>Thank you.</p>
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