– CHECK AGAINST DELIVERY –

Mr. President,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Montenegro*, Serbia^*, Albania^*, Ukraine, the Republic of Moldova and Bosnia and Herzegovina^*, the potential candidate country Georgia, as well as Andorra, and San Marino align themselves with this statement.

Mr. President,

On 17 July 2023, we celebrated the 25th anniversary of the adoption of the Rome Statute of the International Criminal Court (ICC). The adoption of the Rome Statute follows on the Nuremberg and Tokyo Tribunals and their principles, and the ad hoc tribunals for the former Yugoslavia und Rwanda, and is a milestone in the development of international criminal justice.

25 years on, we have a fully functioning permanent Court that complements national and regional accountability efforts. While States continue to have the primary responsibility for the investigation and prosecution of the most serious crimes of international concerns, currently the ICC stands tall as a beacon of accountability worldwide.

The ICC’s investigations into an increased number of situations in all regions attest to the need for accountability around the world. Its mandate is key in advancing international peace and security through ensuring accountability.

Mr. President,

The greater the Court’s efforts in its furtherance of justice, the higher the threats it faces. Any attacks on the Court, its Prosecutor, judges, and personnel are unacceptable. The recent cybersecurity attack against the Court is an unacceptable attempt to interfere with its mandate. We strongly condemn such attacks.

Preserving the Court’s independence and impartiality is key for its functioning, and for the future of international criminal justice system as a whole. For this reason, the European Union and its Member States provide their full and unwavering support to preserving its independence and protecting it from external pressure and interference.  

The European Union and its Member States will continue to fight against any campaigns aimed at delegitimizing the Court and at spreading disinformation.

Mr. President,

International crimes are a threat to international peace and security. The European Union and its Member States view the ICC as a key actor on the road to long-term peace, as justice and peace are complementary. We call on all States, parties and non-parties to the Rome Statute, to cooperate with the Court. Furthermore, we call on the Security Council to use its right of referral to the ICC, as well as to impose measures to promote States cooperation with the ICC or to address cases of non-cooperation when investigations and prosecutions are ongoing. We encourage the General Assembly to consider providing funding for the ICC in relation to the expenses incurred due to referrals by the Security Council.

We equally encourage the Court to continue extending its accountability efforts to cover the full range of civilians who are persecuted on account of gender. The Rome Statute is the first international treaty to codify gender-related offences, including those of sexual nature. It criminalises, for instance, gender persecution as a crime against humanity if committed in connection with any act referred to in Article 7 of the Rome Statute or any crime within the jurisdiction of the ICC. However, there is a lack of visibility in historical records, despite its consistent occurrence. Sexual and gender-based violence disproportionately affects women and girls. It is rooted in gender inequality and attacks the human rights and the dignity of targeted victims. The European Union and its Member States work on different fronts to end gender-based violence, protect the survivors of this heinous crime and punish its offenders.

The European Union and its Member States re-emphasize the importance of the universal ratification of the Rome Statute and cooperation of all States. In that connection, we welcome the vote by the National Assembly of the Republic of Armenia in favor of the ratification of the Rome Statute earlier this month. We encourage other States to do so.

The Court has no agenda other than to deliver justice for victims. We welcome the series of reforms that aim to strengthen the Trust Fund for Victims, and commend its reparation programmes that benefitted 17 000 individuals in 2022. We encourage States Parties and others to continue supporting the Trust Fund for Victims. The Fund’s work is fundamental in implementing reparations and aiding rehabilitation for victims of the most heinous crimes.  

In closing, Mr. President, the European Union and its Member States reaffirm their unwavering commitment to the ICC and pledge their continuous diplomatic, political and financial support to the Court.

I thank you.

* North Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.