*Statement delivered by Jayne Stoyles on behalf of William R. Pace, Convenor of the NGO Coalition for the International Criminal Court, at the Plenary during the Ninth Session of the Preparatory Commission, April 11, 2002.

Mr. Chairman, it is truly an honor to have the opportunity to speak here today on behalf of the more than 1000 NGOs worldwide that have been working under the umbrella of the NGO Coalition for the ICC since 1995 for the establishment of a fair, effective and independent International Criminal Court. What we witnessed this morning with the deposit of 10 additional ratifications that will start the process for the International Criminal Court to come into being, was a historic moment. Those who support justice and the rule of law all over the world are celebrating this event at this moment. As has been stated by governments, UN officials and NGOs, the establishment of a permanent International Criminal Court will be the most significant achievement of international law since the founding of theUnited Nations itself.
The importance of achieving more than 60 ratifications of the Rome treaty less than four years after the adoption of the Rome Statute of the ICC in July 1998 cannot be overstated. Predictions were made that it would take decades before enough governments would make the political commitment and work through the complex legal issues to bring the treaty into force. Yet here we are, less than four years later, having achieved the 60 ratifications required by the Rome Statute. As has been stated this morning, this is a victory not just for advocates of the Court, but, much more importantly, it is a victory for the victims of the horrific crimes the Court will address. We acknowledge and pay tribute today to all those who have been victims of such crimes and who did not have the option of seeking justice. Today's momentous achievement can only be understood as a victory of the new diplomacy model of developing international law. It reflects one of the best examples of what can be achieved through cooperation between governments, international organizations and civil society. It must also be noted that this is an issue that has cut across all the usual alliances that prevail in the processes at the United Nations and that has obtained truly universal support, with ratifications now from every region of the world. There are of course countries that continue to have concerns about the Court. Our experience in working on this issue all over the world has been that as government officials and parliamentarians learn more about the Rome Statute and how the Court will work, their opposition softens or disappears. The ICC includes strong due process guarantees and very high standards of justice, reflecting input from all the major legal systems of the world. Often the opposition disappears in particular as officials come to understand that the Court will only step in when they are unable or unwilling to investigate a case against their own nationals. This principle, the complementarity principle, and the need for countries to implement their obligations under the Statute into their national laws, is in fact making a critical contribution to strengthening national legislation and the ability and willingness of countries to deal wit these crimes at the national level. It is not our view that the ICC will be a panacea that will result in the resolution of all conflicts and prevent the commission of all serious international crimes. Nevertheless, it is our view that its establishment will make an important contribution in the search for peace, the development of the rule of the law and democracy. It is a cornerstone of what is widely understood as an emerging system of international justice, which will no longer allow enormous violations of human
rights and humanitarian law to be committed with impunity. Much work lies ahead to ensure that the Court we are establishing is as fair, effective and independent as possible, that support for the Court is truly universal, and that countries implement their obligations under the Statute. We look forward to continuing to work closely with governments and international organizations in this process. As was said at the closing plenary in Rome, too much of history is the story of wars won and peace lost.Today, peace has won, and war has lost.