ICC ASP side event “Small States, International Law, and the ICC”
Panel statement by Mr Andres Parmas, Prosecutor General of Estonia, candidate for judge of the ICC
New York, 29 November 2023
I would first like to thank Mongolia and the co-sponsors for hosting this very important meeting. I am grateful for the opportunity to speak to you today about matters that I deeply care about – both professionally and personally – as I come from a small state, from a country of 1,3 million people and firm supporter of the international law and the ICC.
I have understood during my meetings here in New York at the UN how subjective the term “small state” is but our role in upholding multilateralism and international law is undeniable. Our voice is essential. Often, international law is the best guarantee of our very existence.
Imagine the fears and grievances of small states in a world without rules, international law, the UN and the ICC – such Hobessian world would be a gloomy place to live in. In fact, we only need to recall what the world looked like 78 years ago before the UN or the ICC a bit later were created.
It was 32 years ago, when my country, Estonia, restored its independence after more than 50 years of Soviet occupation – it was only then that we could start dealing with international crimes committed by the occupation regime. From the very beginning of the establishment of the International Criminal Court and adoption of the Rome Statute, Estonia became a firm supporter of the ICC as this Court plays a vital role in the promotion of international law and in ensuring accountability for the most serious international crimes. The ICC has a particular role in fighting impunity, delivering justice to victims of atrocity crimes, and preventing the most serious crimes. This is the reason why my country’s Government has submitted my candidature to the post of the judge of the ICC.
Small states have an existential interest in ensuring common-ground rules for international cooperation. To fight for a world where might does not make right. Where an agreement holds. Where the big cannot and will not bully the small. Together with the UN, the ICC is forming the very foundation of the international justice.
The voice of small states is particularly important because the international community, multilateralism and international law are under a continuous pressure. We are currently witnessing egregious crimes being committed all over the world – the promotion and protection of human rights remain a global challenge.
Respect for Human Rights and international law does not appear out of the blue. Neither do peace and security. On the contrary, they are the product of the hard work and dedication of many like-minded actors building important institutions and working for a safer and better world and better living conditions for the humankind every single day.
Multilateralism is what holds international community together, which is why it is important for small states to be represented in all relevant organs and institutions – not only in the UN Security Council or the ICC. Small states play an essential role. They are the glue that binds: They can serve as bridge-builders; contribute with fresh ideas, new inputs, and different perspectives. This is why the voices of small states are crucial, especially in times of risen geopolitical tensions. Small states play an active role in solving issues of global concern through dialogue and value-oriented foreign policy.
Estonia is a highly digitalized society. This is not only meant in terms of technology but in terms of good governance as well. Some of these good practices can be potentially introduced to the ICC in order to improve the transparency and efficiency of the ICC both as a court and as an international organisation.
The ICC was created with a promise to put an end to impunity for the perpetrators of the most grievous crimes, but also to bring justice to the victims. These promises remain only to be fulfilled. To achieve this, the States should intensify their efforts to universalise the Rome Statute system and to engage more states to it.
As a candidate from a small state, I carry with me an existential interest in maintaining and enforcing an international law based multilateral order. The first Estonian President Lennart Meri once said that international law is a nuclear weapon of small states – what he meant under this allegory is that international law and norms guarantee our existence the best. Let us all keep in mind the importance of upholding international law – each state – small or large – really can make a difference. And here, small states have the moral authority to remind all member states of their obligations under international law.
Thank you.