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Topic: MUST READ! Koffi Annan's Inagural Statement on World Court!
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Trafield
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The Hague, Netherlands, 11 March 2003 - Secretary-General's Statement
to the Inaugural Meeting of Judges of the International Criminal Court
Your Majesty,
[Mr. President]
Excellencies,
Ladies and Gentlemen,
It has taken mankind many years to reach this moment.
By the solemn undertaking they have given here in open court, these
eleven men and seven women, representing all regions of the world and
many different cultures and legal traditions, have made themselves
the embodiment of our collective conscience.
For centuries, and especially in the last century, that conscience
has been shocked by unspeakable crimes: crimes whose victims were
counted not in tens, but in tens of thousands - even in millions.
By 1945, those crimes had cost humanity so dear that it was deemed
necessary to set up special tribunals, in Nuremberg and Tokyo, to
judge the main perpetrators. Those tribunals established a principle
of vital importance: that those who take part in gross violations of
international humanitarian law cannot shelter behind the authority of
the State in whose name they did so. They must take personal
responsibility for their acts, and face the consequences.
Ever since then, the international community has sought to establish
a permanent international criminal court to try and punish those who
commit genocide, war crimes and crimes against humanity. These
include mass murder, enslavement, rape, torture, and other abhorrent
crimes - not only against people of other nations, but also against
their own.
A big step forward was taken in the past decade, with the
establishment of the International Criminal Tribunals for the Former
Yugoslavia and for Rwanda. These have already shown that it is
feasible to bring to impartial justice, before a judiciary
representing the world's great legal systems, persons both high and
low who are accused of crimes against humanity.
Yet it has taken fifty years to agree on the form this court should
take, and the extent of its powers. There were many considerations
that had to be carefully evaluated - in particular, the implications
such a court might have for the delicate process of dismantling
tyrannies and replacing them with more democratic regimes, committed
to uphold human rights. ![[eek]](eek.gif)
There are times when we are told that justice must be set aside in
the interests of peace. It is true that justice can only be dispensed
when the peaceful order of society is secure. But we have come to
understand that the reverse is also true: without justice, there can
be no lasting peace.
Certainly there is a place in every court for mercy and compassion.
But mercy can be shown only when guilt and responsibility have been
clearly established and acknowledged.
And individual responsibility is of crucial importance, for two reasons:
First, persons who are tempted or pressured to commit unspeakable
crimes must be deterred, by the knowledge that one day they will be
individually called to account. That deterrence was missing in the
past. It is needed today as much as ever, and it will be needed in
the future.
And second, only by clearly identifying the individuals responsible
for these crimes can we save whole communities from being held
collectively guilty. It is that notion of collective guilt which is
the true enemy of peace, since it encourages communities to nurture
hatred against each other from one generation to the next.
As for compassion, those most entitled to it are, of course, the
victims of crime.
For those who have been slaughtered, all we can do is seek to accord
them in death the dignity and respect they were so cruelly denied in
life.
To the survivors, who are also the witnesses, and to the bereaved, we
owe a justice that also brings healing. And that means that you, the
judges, will have to show great patience and compassion, as well as
an unfailing resolve to arrive at the truth. There must be justice,
not only in the end result, but also in the process.
Above all, however, this court is for those who might be victims in
the future. If the court lives up to our expectations, they will not
be victims, because would-be violators will be deterred.
That is why it is so important that you, the judges, and all the
officials of the Court, demonstrate in all your actions and decisions
an unimpeachable integrity and impartiality.
In all your functions - judicial, administrative and representational
- you must act without fear or favour, guided and inspired by the
provisions of the Rome Statute.
The wisdom of your judgements must be such as to command universal
respect for international justice and the force of law.
The honesty and efficiency of the Court's administration must be
beyond reproach.
All your work must shine with moral and legal clarity, bringing life
to the provisions of the Rome Statute and helping the States Parties
to discharge their share of responsibility. That assistance will be
an important part of your task.
Of crucial importance is one responsibility that States Parties must
discharge in the very near future: the choice of a Prosecutor.
The importance of that function can hardly be exaggerated. As we know
from the experience of the International Tribunals for the Former
Yugoslavia and Rwanda, the decisions and public statements of the
Prosecutor will do more than anything else to establish the
reputation of the Court, especially in the first phases of its work.
It is therefore vital that a person of the highest calibre be found
to undertake that grave responsibility. This surely is a time to set
aside national interests, and focus exclusively on the qualifications
of the individual candidates.
Once that choice is made, States will also have a responsibility to
cooperate with the Court - in effecting arrests of those indicted, in
providing evidence, and in enforcing sentences once imposed. That
cooperation is essential, if the Court is to succeed.
The commitment shown thus far augurs well for the future. The United
Nations looks forward to working with the International Criminal
Court in this cause which is the cause of all humanity.
Thank you very much.
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