– 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^*, Albania^*, Ukraine and the Republic of Moldova, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Georgia and San Marino align themselves with this statement.

Mr. President,

This year the ICC turned 20. On this occasion, we celebrate the Court’s achievements and its crucial role in ensuring accountability for the most serious international crimes.

Yet, we live in challenging times where crimes under the ICC’s jurisdiction continue to occur. It is of utmost importance that “at a time like this, the law cannot be a spectator”, as the ICC Prosecutor Mr. Kharim Khan has said.

To achieve this, we call on all States to cooperate fully with the Court, from the investigation of alleged crimes to the execution of arrest warrants and thereafter, so we can in unity put an end to the impunity for the gravest international crimes. Equally, we call on the Security Council to refrain from using the right of veto in cases of mass atrocities and to use its right of referral, as appropriate. We recall that referrals by the Security Council enable the Court to exercise jurisdiction over all four crimes under the Rome Statute, including the crime of aggression, with regard to both States Parties and non-States Parties. The EU recognises the importance of the relationship between the ICC and the Security Council, and welcomes the Arria-formula meeting convened by Ireland this summer, which considered practical ways of enhancing this relationship.

Mr. President,

We commend progress in the assessment of the Independent Experts Review recommendations. The Review Mechanism, established by the ICC Assembly of States Parties, is important work towards strengthening the Court’s and the Rome Statute system’s ability to deliver of justice.

The Court should strive towards increased efficiency. The Court and State Parties must continue to ensure gender balance, inclusion, multilingualism, diversity in legal systems and equitable geographical representation. We believe the ICC’s mission would greatly benefit from universal ratification of the Rome Statute and cooperation of all States.. Universality of the Rome Statute continues to be an important goal for the EU and its Member States. Efforts should also be strengthened to protect the Court from outside political pressure in order to allow it to maintain its judicial integrity and fulfil its mandate for the good of current and future generations.

Mr. President,

The Rome Statute includes an extensive range of sexual and gender-based crimes. It criminalizes persecution based on gender as a crime against humanity. Grievously, these crimes continue to occur around the world as we speak. We encourage the Court to continue extending its accountability efforts to the full range of civilians who are persecuted on account of gender during armed conflict.

This will advance accountability for gender-based persecutions, and will help delivering justice to those most vulnerable. The redress of victims of international crimes and their journeys to justice are the very reason of the Court’s existence, for whom the Court is in many cases their last hope.

We remind all States of the principle of complementarity and urge them to build their national capacities to the best of their ability, so they are able to pursue investigations and ensure fair and efficient domestic trials. The ICC is a Court of last resort that may only exercise jurisdiction when States are unwilling or unable to do so.

In closing, Mr. President, the European Union and its Member States reaffirm their unwavering commitment to the Court and pledge our continuous diplomatic and financial support. Only by nurturing international law, multilateralism, and cooperation, and reaffirming our collective faith in human rights, in the dignity of the human person, can we maintain international peace and security. We have high expectations of the Court to deliver justice and we believe in the integrity of its work in all situations under investigations.

Thank you.