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Statement by H.E. Ambassador Ernst Sucharipa, Permanent Representative of Austria on behalf of the European Union
Fiftieth anniversary of the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide
New York, 2 December 1998
Mr. President,
1.I have the honor to speak on behalf of the European Union on agenda item 46(b) entitled „Fiftieth anniversary of the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide“. The Central and Eastern European countries associated with the European Union, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and the associated country Cyprus, as well as the EFTA country member of the EEA, Iceland, align themselves with this statement.
2.It is well known that this year marks not only the fiftieth anniversary of the Universal Declaration on Human Rights, but also of the Convention on the Prevention and Punishment of the Crime of Genocide which was adopted by the General Assembly 50 years ago on 9 December 1948, one day before the Universal Declaration.
3.The EU very much welcomes this opportunity to commemorate the adoption of the Genocide Convention. This is first of all a moment to honor the millions of victims of acts of genocide throughout history and to keep their memory alive. Under the horrifying impression of the Holocaust, the conviction that such events must never occur again was a crucial element in the foundation of the United Nations and guided the work of the Organization from its very inception. It was the same conviction that led to the inclusion of the promotion and encouragement of respect for human rights among the purposes of the United Nations.
4.As the Universal Declaration of Human Rights was the beginning of an impressive development of the body of international human rights law, the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide was an important first step towards the effective prevention and punishment of war crimes and crimes against humanity.
5.Towards the end of the Second World War the full horror of the extermination and concentration camps and the extent and the nature of the crimes committed became public knowledge. It was said that the world was confronted with „a crime that has no name“. While the Charter of the Nuremberg tribunal referred to the concepts of war crimes and crimes against peace and humanity, the notion of „genocide“ was only introduced subsequently. Genocide is a crime on a different scale than all other crimes against humanity since it implies an intention to exterminate, in whole or in part, a particular group. The international community therefore viewed it as a special priority to take steps to prevent acts of genocide for all time.
Mr. President,
6.The elaboration of a legally binding instrument for the prevention and punishment of genocide became a crucial standard setting initiative in the early work of the United Nations. The Genocide Convention constituted a major progress because of its general applicability: Under the Convention, all States parties are held to prevent and punish genocide in times of peace and war, in regard to the defeated and victors alike as well as in regard to nationals and non-nationals, no matter whether they are private individuals or constitutionally responsible rulers.
7.When the Genocide Convention was being prepared and discussed in the General Assembly the question of an international criminal tribunal to prosecute and punish acts falling under the Convention was high on the agenda. Some argued that the creation of such a tribunal was necessary to reach the high goals embraced by the Convention.
8.However, at that time the international community was reluctant to take such a step. A general reference to an „international penal tribunal“ to try persons charged with genocide was included in Article VI of the Convention, but no provision for the setting up of such a tribunal was made. Instead, the General Assembly, after unanimous adoption of the Convention, requested the International Law Commission to further pursue the question of the establishment of an international criminal court. The adoption of the Genocide Convention also had a catalytic impact on the further development of international humanitarian and criminal law.
Mr. President,
9.Today, we must acknowledge that despite the setting of a basic framework of human rights and humanitarian law 50 years ago, the world continues to witness massive violations of human rights, war crimes, crimes against humanity and genocide. From Cambodia to the Balkans and the Great Lakes region in Africa, the international community has often failed to prevent and stop such acts. As the High Commissioner for Human Rights rightly pointed out, "we have lacked the means, the political will, and we have lacked an effective weapon against a culture of impunity."
10.A decisive step was taken by the international community shocked by the cruel and outrageous crimes committed in the course of the violent break-up of Yugoslavia and the genocide in Rwanda. The establishment of ad hoc tribunals to prosecute and try perpetrators of such crimes was and is a strong signal that individual responsibility is being taken seriously. The European Union will continue to support the work of the ad hoc tribunals and calls on all States to do likewise. The mission entrusted to these institutions must be fulfilled. The European Union also welcomes the establishment of a group of experts by the Secretary-General which is, inter alia, charged with exploring options for bringing to justice Khmer Rouge leaders for the most serious human rights violations committed in Cambodia in the years 1975 to 1979.
Mr. President,
11.In this fiftieth anniversary year, the idea of an „international penal tribunal“ contained in the Genocide Convention becomes a reality. The Rome Statute for the International Criminal Court adopted last July concludes a long and sometimes cumbersome process initiated fifty years ago. The EU strongly supported the creation of an international criminal court and is extremely satisfied with the outcome of the Rome Conference. Building on the experiences and achievements of the ad hoc tribunals on the Former Yugoslavia and Rwanda, the results obtained in Rome hold the genuine promise of achieving a world where the interests of peace and justice will not be seen as contradictory.
12.We should keep in mind that the purpose of the International Criminal Court will not only be to prosecute and punish those who commit the most heinous crimes, but, through its mere existence, to deter and prevent individuals from committing them in the first place. The earliest possible entry into force of the Statute of the International Criminal Court is therefore of utmost importance. The European Union reiterates its call on all States to sign and ratify the Statute as soon as possible.
13.Indeed, the Court will add a new dimension to international relations in general and to the effectiveness of international law in particular, by reinforcing individual responsibility. The time when cruelties and atrocities went unpunished must come to an end. Let us renew today this commitment that inspired the founders of the United Nations. Let us strongly reaffirm the „never again“ expressed fifty years ago.
Thank you, Mr. President.
http://www.un.int/france/documents_anglais/981202_ag_eu_dh.htm
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