UN General Assembly - Review of the Rome Statute
Bern, 19.09.2023 - Address by Federal Councillor Ignazio Cassis, Head of the Federal Department of Foreign Affairs (FDFA) - Check against delivery
Excellencies,
Ladies and Gentlemen,
Allow me firstly to thank Germany for organising this panel discussion and for enabling this very timely discussion to take place.
This year, we are celebrating not only the 25th anniversary of the Rome Statute, but also the 5th anniversary of the activation of the Court’s jurisdiction over the crime of aggression.
Switzerland stands firmly behind the ICC.
With the adoption of the Kampala amendments, state parties have strengthened the prohibition of the use of force as enshrined in the UN Charter.
Switzerland is convinced that accountability for the crime of aggression is essential.
The ongoing military aggression against Ukraine demonstrates – sadly – the relevance of the subject, and we regret that the ICC currently lacks jurisdiction to investigate the crime of aggression in Ukraine.
In order to close the accountability gap in this specific situation:
Switzerland supports the idea of a Special Tribunal for the crime of aggression against Ukraine.
However, such a Special Tribunal must be embedded in the multilateral framework, with effective, broad and balanced international support; it should be international; and it must ensure maximum synergies with the ICC.
Most importantly: it must not weaken the ICC, which is the central judicial mechanism for the prosecution of the crime of aggression.
Dear colleagues,
The current obstacles limiting the Court’s ability to deliver justice for the crime of aggression need to be lifted:
- We have to find ways to align the ICC’s jurisdiction over this crime with the other core crimes covered by the Rome Statute;
- We have to ensure that aggression will be prosecuted without double standards and without focus of a specific country.
The review set for 2025 is an opportunity to tackle this issue.
Switzerland welcomes the idea of creating a “Group of Friends for the Strengthening of the ICC’s Jurisdiction for the Crime of Aggression”.
And we look forward to engaging in the work of this group.
Let me highlight three important success factors for such a Group:
1) It should be broad based and ideally include members from all UN regions;
2) It should pursue the objective of granting the ICC full jurisdiction over the crime of aggression as it has for the other three crimes;
3) And it should allow for an open and critical discussion of substance and strategy to achieve this objective.
The adoption of the Rome Statute constituted an important step toward fulfilling the promise of "never again”.
We are looking forward to working on seizing this opportunity to amend the Statute and make this promise a reality.
Thank you.
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