By Holy See Mission
Statement by H.E. Alain Paul LebeaupinApostolic Nuncio, Head of
DelegationBefore the general debate of the International Criminal Court
Review Conference of the Rome Statute Kampala, 1 June
2010
Mr. President,
My delegation would like to join those thanking the
government of Uganda for its hospitality and willingness to host this important
meeting to review the Rome Statute.
Twelve years ago delegates went to Rome to undertake the
goal of creating a new international legal structure which sought to ensure that
gross violations of human rights would no longer be tolerated by the
international community and that those responsible for perpetuating such
violations would be held accountable for their actions.
Now, we come to Kampala to measure the effectiveness of
these efforts and to continue to improve judicial systems to ensure that true
justice is available to everyone in all corners of the globe.
At the heart of this exercise is the need to fully
understand what it means when we speak of “justice.” Justice is the virtue
which recognizes the need for people to give due to God and each other and
demands that each person respect the rights of each other and establish in human
relationships the harmony that promotes equity with regard to persons and to the
common good.[a] This justice is not based
merely on legal determinations or juridical instruments but rather is based on
the moral law which recognizes the inherent dignity of the human person.
This justice recognizes many forms: commutative justice,
which regulates exchanges between persons and between institutions with strict
adherence to their rights; distributive justice, which determines what the
community owes its citizens in proportion to their needs and contributions;
legal justice, which determines what a citizen owes the community, and social
justice, which takes into account social, political and economic concerns as
well as their corresponding structural dimensions within society.[b] By recognizing that the work for justice
requires actions in many areas, we recognize that justice cannot be limited to
the realm of legal accountability but also requires society to work positively
towards creating a more just society in all aspects of the social order.
When translated into national and international criminal
and civil legal systems, this justice requires that legal and juridical bodies
put into place rules and institutions which seek to actualize these principles
in a way which respect objective moral truth and place the human person at the
center of decision making. In this regard, the Rome Statute marked an important
contribution to respect for the human person by recognizing that human rights
are not limited by national borders, political position, religious background or
cultural heritage but rather are inherent in every human person.
Mr. President,
The promise of the Rome Statute ultimately lies in its
ability to further refine the law of nations (ius gentium) in which
universally recognized norms are superior to the laws of States and which
requires accountability to the entire global community. However for this
promise to bear fruit, States must continue to work to build trust between and
amongst one another. Failure to build this trust ultimately will give rise to
selective justice or retribution. To build this trust, States must respect the
norm that agreements must be kept (pacta sunt servanda) as failure to
fulfill commitments leads to greater mistrust between States by escalating blame
and friction, ultimately undermining global peace and security.
Further, respect for the principle of subsidiarity allows
States and communities to take action with accountability and provides for
victims and affected communities participating in the judicial process for the
sake of addressing the harm caused by gross violations of human rights, which
fosters restoration and broader long-term peace. In this forum, this notion is
addressed under the concept of complementarity, which recognizes that local
national systems must be the primary source for holding individuals
accountable. In so doing, we recognize that subsidiarity helps to restore local
communities but also fosters trust between States as national governments retain
the responsibility to hold perpetrators accountable.
During this Review Conference, States Parties are working
to adopt an amendment which recognizes the Crime of Aggression and delineates
jurisdiction by the Court over such crimes. This amendment seeks to
institutionalize, in international juridical instruments, a principle which
rejects war as a means for resolving disputes and seeks to replace the law of
force with the force of law. In learning from the better tradition
of peoples and nations engaging in peaceful discussion and creating agreements,
this amendment builds upon the tragic lessons learned around the world that
recourse to force, or even threat of force, has undermined global and personal
security of individuals and nations. To this end, The Holy See has long been an
advocate against wars of aggression and rejects the flawed logic of violence and
destruction as factors for progress or political advancement.
In discussing this amendment it is imperative that efforts
be made to balance the prevention of wars of aggression with the rights of
nations to legitimate self-defense. This balance can only be achieved if the
outcome of these discussions is an amendment which truly reflects the concerns
and thoughts of the entire international community and which promotes the
pursuit of justice rather than retribution. Efforts to create jurisdiction
mechanisms that are governed by the political vote of majorities would replace
military might with political might and would ultimately serve to harm trust
between nations and undermine long-term peace and the long-term viability of
multi-lateral legal bodies. Thus, these discussions must weigh these urgent
concerns and make sure that these discussions are not motivated by a desire to
seek greater political or military influence but rather by a genuine desire to
promote a justice which protects human rights and fosters greater trust between
nations.
Mr. President,
While the efforts during these meetings to adopt and
finalize the amendments to the Rome Statute are important, equally as important
is the need to take stock of the work that has been accomplished since the
adoption of the Rome Statute, especially in promoting peace and justice.
The Holy See has stated consistently that peace not only
is possible but that peace is a duty which must be built upon the pillars
of truth, justice, love and freedom. Law favors peace and, so, the two
are intricately linked. Thus peace and justice are not in contradiction with
one another but rather justice is a foundation for peace and just laws provide
the means for fostering greater justice. In this context, justice must not be
limited merely to the realm of “legal justice” but must also address the need
for commutative, distributive and social justice.
For its part, the Holy See continues to call on all individuals within
society to be peacemakers and to work towards justice. These efforts focus on
the truth that every human person has inherent dignity and worth which must be
respected regardless of racial, ethnic, religious, political or social
distinction. The Holy See considers that, through teaching peace and justice,
educational institutions can play an important role in fostering a social
situation which sees our neighbors not as outsiders to be mistrusted and reviled
but as fellow brothers and sisters to be respected and loved.
Mr. President,
The Holy See welcomes this conference and it is our hope that it ultimately
serves to promote respect for international justice, provides for better
recognition of human rights and fosters greater trust between people and
States.
Thank you Mr. President.
[a] Catechism of
the Catholic Church, 1807.
[b] Ibid.
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