75 UNGA: Statement by the Cuban delegation in the debate under Item 75: "Report of the International Criminal Court”. New York, November 2, 2020

Mr. Chairman,

The Cuban delegation takes note of Reports A/75/321 and A/75/324 of the Secretary-General and the International Criminal Court, respectively.

At the same time, it expresses its commitment to the fight against impunity for crimes affecting the International Community.

Mr. Chairman,

In an increasingly perilous and complex international situation, the arms race escalation, the proliferation of conflicts, acts of aggression, and unconventional wars with the purpose of hegemonic domination, to the detriment of the Charter and the principles of international law, demonstrate in an irrefutable manner the need for an international fully autonomous legal institution, to lead the fight against impunity for the most severe crimes against humanity.

However, based on the provisions of Articles 13, section (b) and 16 of the Rome Statute, the reality is that the International Criminal Court is far from being an independent institution, given the broad powers that the aforementioned articles grant the Security Council with respect to its work.

 The prerogative of the Security Council to refer situations to the Court, apart from distorting the essence of this organ´s jurisdiction, violates the principle of the independence of judicial bodies and the transparency and impartiality in the administration of justice.  In the majority of cases referred to the Court by the Security Council, a selective policy towards developing countries is evident, in the name of an alleged "fight against impunity".

Therefore, Cuba reiterates its position in favor of the establishment of an international criminal jurisdiction that is impartial, non-selective, effective, fair, complementary to national justice systems, truly independent and, thus, free from subordination to political interests that could distort its essence.

Mr. Chairman,

The International Criminal Court cannot ignore International Treaties and the principles of International Law. The Court should observe the principle of law regarding the consent of the State to be bound by a treaty, laid down in Article 11, Part II of the Vienna Convention on the Law of Treaties of May 23, 1969.

Once again, Cuba expresses its serious concern about the precedent set by the Court's decisions to initiate legal proceedings against nationals of States that are not Parties to the Rome Statute and have not accepted its jurisdiction, in accordance with Article 12 thereof.

Mr. Chairman,

The International Criminal Court should report the General Assembly on its activities, on the basis of the provisions of the Relations Agreement.

Although Cuba is not part of the ICC, it is willing to continue to participate actively in the negotiation processes related to this institution, particularly in the Resolution "Report of the International Criminal Court" which is adopted every year by the General Assembly and which must reflect the positions of both States Parties and non-States Parties to the Court.

To conclude, Cuba reaffirms its will to fight against impunity and maintains its commitment to the international criminal justice, the adherence to the principles of transparency, independence and impartiality, as well as the unrestricted application and respect for International Law.

Thank you