Video Statement by Minister of Foreign Affairs Ben Knapen at the ICC Assembly of States Parties, recorded on 29 November 2021
Your Excellencies, ladies and gentlemen,
At the Nuremberg trials, the British prosecutor Sir Hartley Shawcross said something remarkable.
He proclaimed that ‘the state is not an abstract entity … its rights and duties are the rights and duties of men’. He argued that politicians should not be able to ‘seek immunity behind the intangible personality of the state’.1
He placed fundamental human rights and fundamental human duties at the heart of a new system of international law.
It was a radical innovation at the time, but fortunately it has since become a cornerstone of international criminal law.
As we gather here this week, for the twentieth session of the Assembly of States Parties, I am reminded of these words, and of the trial at which they were spoken.
Because the International Criminal Court is itself an extraordinary innovation in international law.
A unique institution, without precedent in world history.
It is the first treaty-based Court that unites countries from around the world in their ambition to end impunity, and to provide justice for the victims of international crimes.
The Netherlands is proud to be its host state, and is a firm supporter of its work.
Accountability and the fight against impunity are key human rights priorities in our foreign policy.
So I’m pleased to see that the Court has a record number of cases on its docket, and is making serious strides towards reform.
The Netherlands welcomes the first signs of an American return to a policy of constructive engagement. And we are pleased that US sanctions have been lifted.
The Court and the ASP are currently going through a period of transition, in which they will implement the recommendations that came out of the Independent Expert Review.
The Netherlands hopes this will help the Court to become a more efficient and effective institution – whilst fully respecting the independence of the Office of the Prosecutor and the judges.
We all have work to do.
States should improve their cooperation with the Court by promptly executing outstanding arrest warrants – as is our obligation under the Rome Statute.
States should conclude new framework agreements to cooperate voluntarily with the Court on witness relocation, receiving released persons, and enforcing sentences.
And finally, states should support the Court by paying their contributions. This is the only way to ensure that the ICC can remain financially sustainable and carry out its mandate.
Because justice isn’t free…
… it requires dedication, effort and funding.
The ASP can supply all three.
It can also help to expand the ICC system…
…by encouraging non-member states to ratify the Rome Statute…
…and by stepping up efforts to gain universal support for the Court’s mandate.
To do this, we need all stakeholders in the international community…
…including civil society organisations, whose contributions to the further development of the ICC are important and highly appreciated.
Together, we can create a climate in which inherent human rights and dignities are respected.
Together, we can add a new chapter to the history of international justice.
Thank you.
1Quoted in Philippe Sands, East West Street (2016), 293