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<html> <head> <meta name="Generator" content="Corel WordPerfect 8"> <title>MR. AXWORTHY - ADDRESS ON THE CRIMES AGAINST HUMANITY ACT - OTTAWA, ONTARIO</title> </head> <body text="#000000" link="#0000ff" vlink="#551a8b" alink="#ff0000" bgcolor="#c0c0c0"> 2000/13 CHECK AGAINST DELIVERY NOTES FOR AN ADDRESS BY THE HONOURABLE LLOYD AXWORTHY, MINISTER OF FOREIGN AFFAIRS, AT THE SECOND READING OF THE CRIMES AGAINST HUMANITY ACT OTTAWA, Ontario April 6, 2000 (5:00 p.m. EDT) One of the 20th century's great thinkers, Isaiah Berlin, once expressed his deep conviction that the Nazi concentration camps offered the most conclusive justification ever for the necessity of a universal moral law, and that the abominations of the Second World War reinforced his view that the primary duty of any politics was to avoid the "extremes of (human) suffering." For the past half century -- from the Nuremburg trials, to the elaboration of international humanitarian and human rights conventions, to the creation of the international criminal tribunals for Rwanda and the former Yugoslavia -- there has been movement by the global community to fulfil this duty, to develop universal norms to defend and protect people, and to create the structures needed to ensure accountability for those who inflict extremes of suffering on others. The adoption of the Statute of the International Criminal Court (ICC), almost two years ago, is a gigantic step forward in these efforts. That is why it was my privilege last December to table Bill C-19, the Crimes Against Humanity Act. This legislation would implement in Canada the Rome Statute of the International Criminal Court. It would also strengthen the legislative foundation for criminal prosecutions in Canada. In considering this Bill, we must bear in mind the vital reasons why we so urgently need to support the International Criminal Court. Throughout the world, human security has long been threatened by shocking violations of humanitarian law. Instead of diminishing over time, the scale of such violence only worsened in the 20th century. More than ever, civilians are the deliberate targets of these brutal violations. Millions of men, women and children have suffered mass murder, rape and torture. People have been horribly mutilated for no reason other than hatred. Concentration camps have appeared and re-appeared as prisons of unrestrained sadism. Sadly, the international community has too often reacted to such crimes with indifference or inaction. The resulting climate of impunity has only encouraged other extremists to commit greater violations. If human security is to be safeguarded, this culture of impunity must be replaced by a culture of accountability. Establishing accountability is a moral imperative, one that is strongly supported by Canadians. But it is also a practical imperative. With globalization and porous borders, we have repeatedly seen how crimes against humanity can have serious international repercussions. These massive atrocities create population displacements, aggravate conflicts, and jeopardize regional and international stability. Human security calls for new tools and new institutions to deal with these problems in a preventative manner. We can no longer afford to wait for disaster before acting. Part of the solution is holding violators responsible for their actions, thus deterring future violations and protecting potential victims. The creation of war crimes tribunals to deal with mass atrocities in former Yugoslavia and Rwanda marked a major step forward. However, this ad hoc approach suffers from profound weaknesses, such as substantial start-up costs and delays. It is also dependent on the wrangling of the Security Council, leading to selective justice. The creation of a permanent independent institution will overcome many of these weaknesses. Because of its permanence, it will also serve as a more reliable deterrent. This is why Canadians have expressed such strong support for the ICC and for Canada's leadership role in pressing for an independent and effective International Criminal Court. Indeed, Canada chaired the final negotiations in which the international community adopted the ICC Statute, in July of 1998. The ICC Statute provides for a permanent court to try those accused of the most serious crimes recognized in international law, namely genocide, crimes against humanity and war crimes. Significantly, the Statute contains essential provisions responding to the plight of women and children in armed conflict. The ICC is not a threat to Canadian sovereignty. Out of respect for national sovereignty, the ICC Statute recognizes that states have the first right to prosecute these crimes. The ICC is a Court of last resort -- it will have jurisdiction only where national judicial systems are unwilling or unable to investigate these crimes. The ICC Statute contains numerous other safeguards which protect legitimate national interests. Several provisions ensure that the Court will not be used for frivolous or politically motivated investigations or prosecutions. Its prosecutor and judges must meet the highest professional standards and must be elected by an Assembly of States Parties. Its crimes are carefully defined in accordance with existing international law. The ICC will be established in the Hague once 60 states have ratified the Statute. Today, nearly 100 states have signed the Statute and eight have ratified. States must also carry out the necessary legislative changes to implement the ICC Statute. With the Crimes Against Humanity Act, Canada is the first country to have developed comprehensive implementing legislation. This Act would create new offences of genocide, crimes against humanity, war crimes and breaches of command responsibility by military and civilian leaders. These changes will allow Canada to prosecute those responsible or to surrender them to the ICC. Similar provisions would also be created with respect to these serious crimes when committed outside of Canada. These new provisions will overcome some of the problems we have faced in the past. The legislation will strengthen Canada's ability to carry out successful prosecutions of such crimes, wherever and whenever they occur. In addition, new offences would be created to protect the administration of justice of the ICC, as well as the safety of judges, officials and witnesses. The Act would enable Canada to surrender persons sought by the ICC for genocide, crimes against humanity or war crimes. A person who is the subject of a request for surrender by the ICC would not be able to claim immunity from arrest or surrender. Canada would also be able to provide other forms of assistance to the ICC in investigating offences, in much the same way that it assists other states with normal investigations. Moreover, the Act would ensure that those who possess or launder the proceeds from these offences could be prosecuted. Money obtained from forfeited assets or the enforcement of fines will be payed into a Crime Against Humanity fund, for the benefit of the victims of these serious crimes. I hope that this Bill can be put before the Standing Committee on Foreign Affairs and International Trade for careful review. Moving forward with this legislation will affirm Canada's commitment to ensuring that the world's worst criminals do not escape justice. The adoption of the ICC Statute was a watershed in history, a breaking with a past in which the victims of these crimes were so often ignored. One hundred and twenty (120) states have already expressed their support for the ICC Statute at the Rome Conference. Since that time, some states which had concerns about the Statute have changed their position and have joined in support of the Statute. Under Canadian chairmanship, the international community is working out technical instruments to ensure the Court's effective operation. The ICC has already played a valuable role by changing international thinking about impunity. Since the adoption of the ICC Statute, we have witnessed the indictment of Pinochet and the affirmation that former heads of state do not enjoy immunity for international crimes; and the indictment of Milosevic, a sitting head of state. Policy-makers and the general public are insisting on justice in places such as Cambodia and East Timor. There has been a groundswell of support for ensuring accountability, particularly among the public of the world, making it a priority for governments. I hope that we here will do our part to maintain this strong momentum, and in particular the momentum in favour of the ICC. Adoption of this legislation, and ratification of the ICC Statute, will affirm that Canadians are appalled by these crimes and that we are committed to ensuring that justice is done. Thank you. </body> </html>

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