YouSaid · the spoken record

Edghill

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8
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2003-06-12
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2003-06-12
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1
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un-security-council

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  1. It is an instrument whose goal is the promotion of international peace, an objective that is common to all members of the international community. We consider that any action that threatens to undermine the integrity of the Rome Statute at this time should be firmly resisted. It is our hope that when the Court is fully operational and when the international community has been assured of its effectiveness and its independence and has seen its successes, the Security Council will no longer find it necessary to renew the resolution.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  2. As a small State committed to international law, Trinidad and Tobago would encourage the members of the Council in their consideration of the renewal of the resolution to consider carefully the implications that its continued application would have for international law and international relations. We therefore urge Council members in their deliberations to strive to uphold the application of international law and the United Nations Charter and to preserve the letter and the spirit of the Rome Statute, which is designed and fully equipped to complement the work of the Council in the pursuit and preservation of international peace and security. The International Criminal Court is a new institution and is in the process of being consolidated.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  3. Finally, with respect to the Council's intention, as expressed in the resolution, to renew the request for deferral of prosecution under the same conditions every 1 July for a further 12-month term for as long as may be necessary, we consider its initial adoption - as we do its proposed renewal at this time - to be contrary to the United Nations Charter in that the Security Council did not make then - nor has it made now - a determination regarding the existence of a threat to the peace, a breach of the peace or an act of aggression, which would constitute the basis for invoking Chapter VII of the Charter, as well as article 16 of the Rome Statute.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  4. The Court will act only in very limited circumstances and then only after observing the numerous procedural safeguards in the Statute. In the light of this, the exemption granted by the Council through resolution 1422 (2002) to a certain category of persons would appear to be unnecessary and unwarranted.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  5. Since article 16 was intended to be invoked on a short-term basis only, any continuous renewal on an annual basis, without establishing the necessary Chapter VII situation contemplated by the drafters of the Statute, would be incompatible with the objective of the Statute: to bring to trial all persons accused of the crimes within its jurisdiction. Secondly, the Rome Statute is a package that brings together the diverse interests and concerns of Member States. It contains a comprehensive regime of safeguards aimed at ensuring that prosecutions are fair and warranted and are not politically motivated. The very principle of complementarity obliges the Court to defer to national prosecutions and places the primary responsibility upon States to prosecute their nationals responsible for crimes within the jurisdiction of the Court.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  6. As a State Party to the Rome Statute, Trinidad and Tobago views with concern the proposal to renew resolution 1422 (2002) for a further period of 12 months, for various reasons. First, the resolution itself is inconsistent with the provisions of the Rome Statute since, by granting blanket immunity from prosecution before the Court to a defined category of personnel of non-States parties participating in United Nations- authorized missions, it contradicts the true intent of article 16 of the Rome Statute. It is not the purpose of article 16 to grant immunity from prosecution by the Court to any category of persons, including personnel of non-States Parties. It was intended to be applied on a case-by-case basis in Chapter VII situations.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  7. We also remain committed to the purposes and principles of the Charter of the United Nations and continue to attach importance to international peace and to the security of United Nations operations. The international community, through a collective effort over several years of painstaking negotiations, created the International Criminal Court as an independent, impartial and effective tool to bring to justice the perpetrators of crimes that shock the conscience of mankind: crimes of genocide, war crimes and crimes against humanity. The Court is also intended as an avenue of justice for the victims of those crimes and for their families. The clear message sent by the international community upon the adoption of the Rome Statute was that impunity for such horrendous crimes will no longer be tolerated.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source

  8. Allow me to congratulate you, Sir, on your assumption of the presidency of the Council and to wish you every success during your tenure. The delegation of Trinidad and Tobago would like to express its appreciation for the Security Council's decision to hold this open debate in a format that affords Member States the opportunity to express their views on this important issue of international law. Since the reintroduction in 1989 by the former President of Trinidad and Tobago of the item on the establishment of an international criminal court on the agenda of the United Nations, my country has remained firmly committed to the International Criminal Court and to the Rome Statute. We continue to uphold the objectives of the Statute and are concerned by any measure that would erode its integrity.

    2003-06-12 · UN Security Council · Security Council, S/PV.4772 (2003) · source