Toespraak minister Koenders bij opening van het ICC-gebouw

Toespraak | 19-04-2016

We've just heard the preamble of the Rome Statute. It reminds us why the International Criminal Court was established. To put an end to impunity for the perpetrators of the most serious crimes. To achieve justice for the children, women and men who have been victims of these atrocities. And to prevent such crimes from occurring again.

The Court owes its existence to 2 basic human faculties we all share.

First, empathy: we all recognise human suffering when we see it. Witnessing violence and injustice deeply affects each and every one of us.

Second, collective resolve: the understanding that, by working together, we can shape our societies to ensure peace and justice. We cannot change our shared history, but we can mould our common future.

The artist Navid Nuur captured the essence of these two human faculties in his sculpture The Gift. This sculpture, which the Netherlands presents to the International Criminal Court, is based on the structure of salt crystals.

Salt issues from intense human emotions: we find it in the tears that come of anger and grief.

When loved ones are lost.

When heinous crimes are committed.

We also find salt in the tears that result from relief and solace.

When the truth is established.

When justice is done.

Salt also issues from intense human effort: in the sweat that comes of resolve and hard work. This new building is a testament to the effort that has been made and the results that were achieved. I’m proud this city is home to so many talented people who are dedicated to pursuing peace and justice. Many of them work here. And the new premises are a tribute to their unceasing commitment. This beautiful new building is the result of a collective effort by the States Parties. And the Netherlands is proud to host it.

Despite these accomplishments, there is no room for complacency. 3 major challenges that existed when the Court began its operations still exist today.

First, the Court’s mandate deserves universal support, as underlined by the Secretary-General. In 2002, 60 countries had ratified the Rome Statute. Today, there are 124 States Parties. That’s a resounding success, but we’re not there yet. Allow me to mention the invaluable work in support of the Court done by the Informal Ministerial Network, of which I’m a proud member. We strive to ensure that all regions of the world are well represented. No state that is genuinely committed to upholding the rule of law, no state that truly wants to hold perpetrators of international crimes to account, should hesitate to become a party to the Statute.

Second, the Court must complement national and regional efforts. The Rome Statute presumes that states bear primary responsibility for investigating and prosecuting international crimes. We need to strengthen national capacity – and national commitment – so that states can shoulder their responsibility. All states can do a better job, not just the ones making headlines with mass atrocities.

Many of the most serious crimes are not confined to the territory of a single state. That’s why the Netherlands, Argentina, Belgium and Slovenia have proposed a new multilateral treaty on mutual legal assistance and extradition concerning genocide, crimes against humanity and war crimes. It would greatly contribute to efforts to hold perpetrators to account. Today, I call for starting the negotiations on such a treaty within a year. It could become a building block for peace, justice and development in the world.

Third, the Court can only do its job if it can rely on the cooperation of others. It needs the support of States Parties and non-States Parties alike. It needs to join forces with international and regional organisations. The Court relies on states to arrest suspects, and to protect and relocate witnesses who give testimony about these horrendous crimes. The only way to make progress towards our common goal of ending impunity is to work together: states, the UN, regional organisations and civil society.

I’d like to mention an excellent example of complementarity and cooperation in action: the Central African Republic has twice referred a situation to the Court. It’s also cooperating fully with the Court to ensure the facts are established and those responsible are held to account.

The Court and its staff have secured these achievements despite working under great constraints. These new premises will ease one of those constraints, but others continue to exist.

Let us, representatives of States Parties and non-State Parties, civil society, regional organisations and international organisations, help the Court succeed.

Let us work together for the sake of the victims, and for the sake of future generations.

Let us put our empathy and our collective resolve to the best possible use.

Thank you.