YOUR ROYAL HIGHNESS,
PRIME MINISTER,

EXCELLENCIES,

LADIES AND GENTLEMEN

I thank you for your invitation TO PARTICIPATE IN THIS IMPORTANT CONFERENCE. I VERY MUCH WELCOME THE OPPORTUNITY THAT THE Stockholm International Forum and Prime Minister Göran Persson have given me to MAKE A FEW REMARKS ON the role that the International Criminal Court can play, as part of broader efforts in international justice to prevent genocide and genocidal violence.

Genocide Has BEEN termed “the crime of crimes”. As the Secretary-General OF THE UNITED NATIONS stated in his address on Monday. there can be no more important issue than the prevention of genocide. The ICC Statute GIVES PROMINENCE BOTH TO the crime OF GENOCIDE AND TO PREVENTION OF CRIMES IN GENERAL:

 
Genocide is the first crime set out in the Rome Statute -Article 6 of the Rome Statute is SIMILAR to Article II of the Genocide Convention, and reflects the status of genocide as an international crime under customary international law.

The Preamble of the ICC Statute affirms the determination and responsibility of States Parties “to put an end to impunity and thus to contribute to the prevention of such crimes.”

Background
 
The creation of the ICC is the direct result of the fact that the last century has witnessed gross human rights violations, and the perpetration of atrocities of the most extreme nature.

UNFORTUNATELY, too often these crimes have gone unpunished, and a culture of impunity has protected the perpetrators of these crimes.

such SITUATIONS often ENTAIL severe consequences for individuals, as well as for national and regional stability. Such grave crimes, says the Preamble of the ICC Statute, “threaten the peace, security and well-being of the world”.

 
It has long been recognised that the world needs a permanent international institution to prosecute the most serious crimes.

Indeed, Article VI of the 1948 Genocide Convention already envisaged the establishment of an international criminal court to try persons suspected of genocide.
 
However, the conditions for the creation of a permanent international tribunal were not ripe until the 1990s.

International tribunals such as the ICTY, the ICTR and the Special Court for Sierra Leone have shown that it is possible to deliver impartial justice on the international plane and to try those responsible for genocide and other grave crimes.

The role of the ICC in the prevention of genocide
 
While the work of the tribunals is extremely important,

they only cover certain situations, so many perpetrators are unaffected; and

they are retroactive, so there is no BROAD deterrence factor.

 
In looking to the future, only a permanent international criminal court can deal effectively with these crimes.
How?

By punishing individuals responsible for genocide, war crimes, crimes against humanity;

By giving recognition to victims of crimes, and establishing a true historical record.

 
Thus, over time, the provision of post-conflict justice CAN have the effect of deterrence and building a culture of accountability, in essence prevention.

The ROLE OF THE ICC IS NOT TO substitute its jurisdiction for that of national legal systems; rather, it will be a court of last resort.

Under the principle of complementarity established by the Rome Statute, national courts retain primary responsibility for dealing with genocide and international crimes. IT CAN ONLY ACT IN EXCEPTIONAL CASES, where national courts are unwilling or unable to try the perpetrators of international crimes.

Through its promotion of international justice and the rule of the law, the ICC will play an important, but by no means an exclusive, role in responding to threats of destructive violence and genocide.

The very existence of the International Criminal Court, with a mandate to hold current and future perpetrators of genocide accountable, has already made a difference. It will be our task to ensure that the practical consequences of the Court are as equally valuable and far-reaching.

We at the court are determined to meet the expectations that have been set for us by the international community as part of the collective response to the threat of genocide.

IT IS TO BE HOPED THAT ALL STATES WILL SOON UNDERSTAND AND APPRECIATE THE POSITIVE ROLE THE ICC CAN PLAY IN THIS REGARD, AND WILL BE IN A POSITION TO PROVIDE THEIR SUPPORT AND ASSISTANCE TO THE COURT. ULTIMATELY, THE ACHIEVEMENT OF THE OBJECTIVES OF INTERNATIONAL JUSTICE DEPENDS OF THE WILL OF STATES. FOR THE SAKE OF PREVENTION OF GENOCIDE AND SO MANY OTHER VERY SERIOUS CRIMES, I HOPE THAT WILL WILL BE THERE.