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On 17 November at the UN Security Council open debate on peace and justice Lithuania strongly supported the ICC in its role as an impartial arbiter of international justice. Lithuania stressed that its existence signified our common determination to end impunity and uphold accountability for the most serious international crimes.  

 UN Security Council’s open debate on

"Peace and Justice, with a special focus on the role of the International Criminal Court"

New York, 17 October 2012

I wish to congratulate Guatemala on the Presidency of the Security Council this month and commend you for convening this critical debate.

Lithuania aligns itself with the statement delivered by the European Union.

Peace and justice, as they are linked in the Rome Statute, need to be regarded as mutually reinforcing imperatives. This link, however, is often tested by practical and moral dilemmas.

Being a state party to the Rome Statute and the Agreement on the Privileges and Immunities of the International Criminal Court, Lithuania strongly supports the ICC in its role as an impartial arbiter of international justice. Its existence signifies our common determination to end impunity and uphold accountability for the most serious international crimes. It also bolsters the international humanitarian law and human rights law by playing an important part in their interpretation and enforcement. It could and should be an effective tool of preventive diplomacy that the Security Council may refer to in carrying out its mandate.

The complementary nature of the ICC reminds us that the best investment in the long run is building of national capacities to investigate and prosecute international crimes.

Mr. President,

The Security Council has its own unique role in this system of international justice, derived both from the Rome Statute and the Charter of the United Nations. When it considers that there is a threat to peace and security the Security Council may refer a situation to the ICC, thus extending the reach of its jurisdiction to states that are not parties of the Rome Statute.

The powers vested on the Security Council present both an opportunity and a great responsibility. If exercised improperly they could undermine credibility not only of the ICC and the whole system of international justice, but primarily the Security Council itself. We believe that the Security Council would benefit from consistent and coherent practices. The practices that meet expectations of certainty, predictability and impartiality in its response to allegedly committed international crimes.

The Security Council has thus far referred two situations to the ICC. Many strongly believe that the Council shall refer other ongoing situations. Developing a coherent approach to referrals would facilitate the process of determining when a referral should be made.

Lithuania believes that once a referral has been made the Security Council should exercise responsibility for making that referral effective. In particular, this relates to adequate arrangements for financing. The Security Council might also consider extending an obligation of co-operation on all member states, and providing specific steps that concerned states should take.

The ICC relies primarily on the assistance from the concerned states and requires international support when domestic support is insufficient or lacking. The Security Council should extend a greater degree of cooperation with the ICC, also by diplomatic and political support, coordination of its sanctions regime and strengthening of peacekeeping mandates.

The ICC and the Security Council in their interaction have gained a great deal of experience. One of examples of common area of concern with a further potential of cooperation and action is the Security Council’s resolution 1325 and subsequent resolutions on women, peace and security. A more formal framework for interaction or regular exchange of views, open briefings between two bodies may constitute a welcome and useful practice.

Mr. President,

This year marks the milestone for this institution. It has delivered its first verdict. With greater support by all, the ICC will make a difference in our quest for sustainable peace.