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<title>MR. AXWORTHY - ADDRESS TO THE DIPLOMATIC CONFERENCE TO ESTABLISHAN INTERNATIONAL CRIMINAL COURT - ROME, ITALY</title>
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<p><font size="+1"></font><font face="Univers" size="+1"></font><font face="Univers" size="+1">98/45 <u>CHECK AGAINST DELIVERY</u></font></p>
<p align="CENTER"><font face="Univers" size="+1">NOTES FOR AN ADDRESS BY</font></p>
<p align="CENTER"><font face="Univers" size="+1">THE HONOURABLE LLOYD AXWORTHY</font></p>
<p align="CENTER"><font face="Univers" size="+1">MINISTER OF FOREIGN AFFAIRS</font></p>
<p align="CENTER"><font face="Univers" size="+1">TO THE </font></p>
<p align="CENTER"><font face="Univers" size="+1">DIPLOMATIC CONFERENCE TO ESTABLISH</font></p>
<p align="CENTER"><font face="Univers" size="+1">AN INTERNATIONAL CRIMINAL COURT</font></p>
<p><font face="Univers" size="+1">ROME, Italy</font></p>
<p><font face="Univers" size="+1">June 15, 1998</font></p>
<p><font face="Univers">This document is also available on the Department's Internet site: http://www.dfait-maeci.gc.ca</font><font face="Univers" size="+1"></font></p>
<p><font face="Courier">We stand poised at the edge of invention: a rare occasion to build a new
institution to serve a global need. An International Criminal Court is within our
grasp. I wish to outline for you today why I believe that we must seize this
opportunity in a spirit of hope and determination.</font></p>
<p><font face="Courier">Let me begin by thanking some of those who have brought us this far: the
government of Italy for agreeing to host this conference, and Adriaan Bos for his
able chairmanship of the preparatory meetings. I am very sorry to hear of Mr.
Bos's ill-health, and am honoured that you have chosen a Canadian to help shepherd
this process to fruition. I also want to welcome the offer made by the Netherlands
to host the Court in The Hague, once it is established. </font></p>
<p><font face="Courier">In an era where the nature of conflict has changed so </font></p>
<p><font face="Courier">profoundly -- as evidenced by the tragic events of recent years in Central Africa
and in the former Yugoslavia -- the need for an International Criminal Court is
clear and acute. We live in a world where most of the conflict is civil and most
of the victims are civilian. The acts of war have become even more senseless, and
too often these acts of atrocity go unpunished. Thus, the most pressing priority
of international relations today is no longer the security of states, but of
individual citizens. Yet international institutions, practices and codes of
humanitarian law were designed in an earlier era, when this was not the case. The
time has come for us to build new institutions that respond to new needs. </font></p>
<p><font face="Courier">An independent and effective International Criminal Court will help to deter some
of the most serious violations of international humanitarian law. It will help
give new meaning and global reach to protecting the vulnerable and innocent. By
isolating and stigmatizing those who commit war crimes or genocide, and removing
them from the community, it will help to end cycles of impunity and retribution.
Without justice, there is no reconciliation, and without reconciliation, no peace. </font></p>
<p><font face="Courier">To achieve this end, we must work together, not simply to establish a Court, but
to ensure that it is one worth having. A Court worth having is one with inherent
jurisdiction over the core crimes of genocide, crimes against humanity and war
crimes. We must not create a regime that would allow states to gain the prestige
of ratifying the ICC Statute without ever accepting the Court's jurisdiction over
a particular crime.</font></p>
<p><font face="Courier">A Court worth having is one with a constructive relationship with the United
Nations, in which the independence and impartiality of the Court are preserved.
The Security Council has a useful role to play in referring matters to the ICC, as
this will increase the effectiveness of the Court. We must not, however, allow the
Court to be paralyzed simply because a matter is on the Security Council agenda. </font></p>
<p><font face="Courier">The operations of the Court should be financed from the regular budget of the UN
in the same manner as the human rights monitoring bodies. This will ensure broad
international support for the objectives of the ICC, and avoid any financial
disincentive to ratification by state parties. </font></p>
<p><font face="Courier">A Court worth having is one with an independent, highly professional Prosecutor.
He or she should be able to initiate a proceeding <em>ex officio</em>, rather than having
ICC jurisdiction "triggered" only by a state complaint or a Security Council
referral. </font></p>
<p><font face="Courier">Above all, a Court worth having is one that addresses the real problems on the
ground. That means focussing not only on re-building peace through reconciliation,
but also on responding to the needs of the victims of conflict -- victims who are
disproportionately women and children. </font></p>
<p><font face="Courier">The Court should be sensitive to gender issues emerging from the experience of
women in armed conflict, and incorporate them into the mainstream of its
functions. This requires both the Statute and the day-to-day functioning of the
Court to integrate a gender perspective. Rape, sexual slavery and other forms of
sexual violence must be recognized as war crimes and crimes against humanity in
the Statute, reflecting the landmark decision made at the UN Conference on Women
in Beijing. </font></p>
<p><font face="Courier">Children are often doubly victimized, particularly in internal conflicts, as
civilian victims of war and as child soldiers. The Court should have a mandate to
prosecute those who recruit children under 15 into armies or armed groups or who
use them in hostilities in any way. </font></p>
<p><font face="Courier">Finally, the mandate of the Court to deal with war crimes must extend not only to
conflicts between states, but also to those within states. This century has seen a
dramatic escalation in the prevalence and brutality of internal armed conflicts,
of which civilians increasingly bear the brunt. It would be short-sighted to
create a Court that does not reflect this reality.</font></p>
<p><font face="Courier">I call on all states represented here to work together in a spirit of openness,
co-operation and flexibility to achieve a Court worth having. States can do so
without fear of intrusion by the ICC on their sovereignty. The principle of
"complementarity" ensures that the Court will only exercise jurisdiction where
national systems are unable or unwilling to prosecute transgressors. ICC
jurisdiction will not apply when a state genuinely investigates and prosecutes
those responsible for serious crimes. It will be in a sense a court of last resort
-- a final bulwark to ensure that those who commit heinous crimes do not go
unpunished. </font></p>
<p><font face="Courier">Canada has worked hard to ensure that negotiations towards a Court are as open and
inclusive as possible. We welcome the participation of as many delegations as
possible in the negotiations, particularly those from the least developed
countries. It is essential that all voices be heard during the negotiations if we
are to create an ICC that is truly universal. For this reason, Canada has
contributed a total of $125 000 to enable delegations from the least developed
countries to participate in all phases of this process. </font></p>
<p><font face="Courier">In the same spirit of openness, Canada has pressed for the participation of non-governmental organizations in this Conference. Civil society has played an
important, constructive role in getting us to this stage, and in building support
for an ICC. In recognition of this partnership, Canada has funded the attendance
of six NGO representatives at the Conference. In addition, two NGO advisors are
here as part of the Canadian delegation.</font></p>
<p><font face="Courier">All the players are present. The stage is set, thanks to the hard work undertaken
by you and many others during the preparatory phase. To succeed now, we need only
two things: clear-headed resolve, and political will. Resolve to cleave to
fundamental principles, without getting bogged down in details, and the will to
start forging a new set of tools and institutions to respond to the needs of a new
era. </font></p>
<p><font face="Courier">The ICC will have pride of place amongst these new institutions. The international
community should not wait for another catastrophe before establishing a permanent
body mandated to respond to the atrocities that so often accompany armed conflict.
As one century draws to a close, the creation of the International Criminal Court
would be a fitting legacy for the next century. Let us seize the opportunity to
create a legacy for peace -- to make the global village a human, humane place.</font></p>
<p><font face="Courier">Thank you.</font></p>
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