78th Session of the United Nations General Assembly
Agenda Item 74 “The Report of the International Criminal Court”
Statement on behalf of Estonia, Latvia and Lithuania, delivered by H.E. Mr Rein Tammsaar, Permanent Representative of Estonia to the UN
30 October 2023
Mr President,
Distinguished delegates,
I have the honour to speak on behalf of the three Baltic States – Latvia, Lithuania and my own country Estonia. The Baltic States align with the statement made by the European Union and its Member States.
We would like to thank President Piotr Hofmański for providing an update on the activities of the ICC during one of the most active periods since the Court’s establishment 25 years ago. The Baltic States have offered their additional financial and operational support to the ICC and the Prosecutor’s Office in addressing the exceptionally high workload in situations across all regions.
Russia’s war of aggression against Ukraine is an attack on the rules-based international order that has enabled the aggressor to commit several heinous crimes in Ukraine. The Baltic States welcome that the ICC has proceeded swiftly and has issued arrest warrants for Vladimir Putin and Maria Lvova-Belova for the alleged unlawful deportation and transfer of population (children) from occupied areas to Russia. We urge the ICC to continue its efforts to bring the perpetrators to justice since deportation of children is only one of many crimes committed by Russia in Ukraine.
The Baltic States warmly welcome the establishment of the country office of the ICC in Ukraine.
The discussions on how to support Ukraine in holding Russia’s political and military leadership accountable for the crime of aggression should continue. Ensuring full accountability for the crime of aggression committed against Ukraine is indispensable for future deterrence and critical to signal that such a crime will not go unpunished, wherever it takes place. We see it as the only viable path towards justice and lasting peace in Ukraine.
The Baltic States reconfirm our unwavering support for the ICC and our resolve to defend it from any attempts aimed at obstructing the course of justice that undermine the international system of criminal justice. We strongly condemn the recent cyberattacks against the ICC and the restrictive measures announced by Russia against the Prosecutor, the President and several judges of the ICC. These measures constitute an attempt to obstruct the ICC’s investigations and it is a direct attack against the independence and impartiality of the Court. The States Parties to the Rome Statute should remain united in defending and supporting the ICC.
Regarding the 16 issued arrest warrants against individuals, who have breached the Rome Statute, we call on all States to cooperate with the ICC and surrender them to the Court. In the Eastern European region, three arrest warrants in relation to crimes allegedly perpetrated during the 2008 armed conflict between the Russian Federation and Georgia are awaiting implementation. We are glad that the Prosecutor has already concluded the investigative process and focused its efforts on ensuring trial readiness in relation to the existing warrants.
We express our deepest regret that the Security Council has not fulfilled its task in responding to grave violations of international law, referring situations to the ICC and that some permanent members continue to misuse their right of veto. We repeat our call to the Security Council to refrain from using the right of veto in cases of mass atrocities and use its right of referral to the ICC of situations where one or more crimes, including the crime of aggression, appear to have been committed.
Mr President
We express our appreciation to the continuous work of the Trust Fund for Victims in offering reparations and implementing programmes for the victims, their families and communities. We welcome the launch of programmes in Georgia and Kenya this year. We welcome the steps taken to strengthen the Trust Fund and its fundraising capacity and efficiency. 17 000 individuals have benefitted from its programmes in the reporting period but there are more victims who need help. We repeat our call to everyone to support the Trust Fund for Victims.
We call on all States who have not done so, to accede to the Rome Statute including the relevant amendments of the Statute to allow the ICC to also investigate the crime of aggression. To conclude, we congratulate Armenia for ratifying the Rome Statute.
Thank you.