Statement by H.E.Mr.Srgjan Kerim,PhD Permanent Representative of the

Republic of Macedonia to the United Nations at the First Session of the

Assembly of the States Parties to the Rome Statute of the International

Criminal Court,New York,10 September 2002

Distinguished Representatives,

Ladies and Gentleman,

Mr. President, before I address the subject matter of our debate today, I would like to congratulate you on the assumption of the Presidency of the Assembly of the States Parties to the Rome Statute of the International Criminal Court. Your devotion to this event, Your Excellency, is telling evidence of the interest with which your country approaches the issue of paramount importance to all of us.

We have gathered in New York, with an important duty to finalize the idea, which has existed for so long, to endorse the establishment of the International Criminal Court - an instrument of global justice, which thus far has been the missing link in the international legal system. Therefore, this first session of the Assembly of the States Parties to the Rome Statute represents another landmark in the historic campaign for a new system of international criminal justice, in which the United Nations has played the leading role, thus turning a new page in the international law and international relations, in which a new system of international penal law is integrated.

The Republic of Macedonia, as a longstanding supporter of the Court and one of the first sixty states that have ratified the treaty, congratulates the significant success that has been achieved so far. The Rome Statute entered into force on 1 July 2002, the work of the Preparatory Commission has been great success, 140 states signed the treaty, and 79 of them ratified it. This is clear demonstration of the widespread support for the concept of a permanent international court that will try perpetrators of the most serious crimes of concern to the international community. In that regard, we would like to particularly congratulate the delegations of Tanzania, Colombia and East Timor, which became the latest States to ratify the Statute over the last month.

Mr. President,

The Assembly of the States parties also represents confirmation of the excellent work accomplished by the Preparatory Commission. We commend all delegates for their hard work and flexible spirit and in particular thank Ambassador Philippe Kirsch, and the coordinators of the working groups for steering us to such an effective outcome.

In addition to the preparatory work being done within the Prepcom process, significant work has been done also by the Advance Team in preparation for the establishment of the Court in The Hague. We would like to emphasize our sincere gratitude for the support to the Court extended by the host country, the Netherlands. We would also like to express our appreciation for the contribution of the NGO’s and civil society in bringing the international community to this point, through workshops and providing technical assistance.

Mr. President,

For the newly emerging democracies and my country, the Republic of Macedonia, belongs definitely to them, to embark upon the wave of establishing rule of law, as one of their key components, is of utmost importance. It is exactly for this reason why they should adhere to a proper functioning of the rule of law, both nationally and internationally. This is why these young democracies should refrain from entering into arrangements based upon cases, which represent a precedent.

Various speeches during our debate pleaded for the ICC to become a truly universal Court. One cannot agree more. Therefore, we must not afford to create situations where precedents will prevail, neither on the bilateral, nor on the international level.

We remain convinced that the concerns expressed regarding the possibility of politically motivated prosecution, can be addressed in ways that do not compromise the Court or international law, or place the UN Security Council in the untenable position of risking a return to impunity for genocide, crimes against humanity and war crimes. In this regard, we welcome the recent efforts sought to find solutions that will allow that any precedents made do not affect the Rome Statute or functioning of ICC.

Mr. President,

By expressing a determination to establish a just legal order for present and future generations, today’s Assembly of the States parties marks a triumph for the rule of law in international relations.  It is an affirmation of the enduring validity of the principles and purposes of the Charter of the United Nations. The ICC represents one of the greatest manifestations of the globalization of democracy, justice and the rule of law in international affairs. In our view, the preventive role of ICC will discourage future perpetrators of such crimes and thus contribute towards the efforts aimed at the maintenance of the international peace and security. I am also convinced that the International Criminal Court shall give a new impetus both to the development of the international criminal justice, and to the development of justice in general.

Thank you for your attention.