United Nations Security Council Arria Formula Meeting
25th Anniversary of the Rome Statute: The Contribution of the International Criminal Court to the Maintenance of International Peace and Security
Statement delivered by Mr Andres Parmas, Prosecutor General of the Republic of Estonia
Tuesday, 18 July 2023
Let me start by thanking Japan and Switzerland and all co-sponsors for organizing this Arria meeting. I would also like to thank the distinguished briefers for their statements.
25 years ago, the ICC was established by a joint effort of the international community with the aim of having an independent permanent international court with jurisdiction over the most serious crimes and to bring justice to the victims. This year also marks the 5th anniversary of the activation of the ICC’s jurisdiction over the crime of aggression. Hopefully we will soon see more States Parties to the Rome Statute ratify the Kampala amendments.
The ICC plays a vital role in the maintenance of rules-based international order and in ensuring accountability for the most serious international crimes, wherever and by whoever committed.
The Rome Statute reserves a unique role for the Security Council, as it can refer situations to the ICC that would otherwise not fall under its jurisdiction. Unfortunately, the Security Council has been held hostage with the misuse of veto, thereby discharging on its most important function – maintaining international peace and security. Such misconduct seriously undermines not only the Council itself but also the UN Charter. Council members must refrain from using the veto in cases of mass atrocities and instead use its right of referral to the ICC. A full and unequivocal support for the international law, UN Charter and the ICC should also guide States when addressing the Council reform.
As the ICC does not have jurisdiction over the crime of aggression in Ukraine and there is an impasse in the Security Council, the international community should find the political will to establish a special mechanism to prosecute for crime of aggression because this crime is of grave concern to the international community as a whole.
Based on my experience with the Trust Fund for Victims, the ICC plays an important role in delivering justice to the victims. Estonia appreciates and supports the important work of the Trust Fund for Victims in offering reparations for victims of the most serious crimes, their families and communities.
Estonia calls on all States who have not yet done so, to accede to the Rome Statute and accept its amendments in order to further strengthen the system of international criminal justice and enable it to provide truly universal protection.
Thank you.