Madam Chair,
The Cuban delegation takes note of the Secretary-General's report and wishes to express its strong commitment to the fight against the impunity for crimes affecting the international community.
The current international situation, as well as the events that have taken place in recent years, clearly demonstrate the need for an autonomous international jurisdictional institution, leading the fight against impunity of the most severe crimes.
However, based on the provisions of Article 16 of the Rome Statute and the significant powers granted to the Security Council in regarding the work by the International Criminal Court, the reality is not precisely that of an independent institution. Besides denaturing the essence of this body´s jurisdiction, this issue violates the principle of independence of jurisdictional bodies as well as the transparency and impartiality in the administration of justice.
The referrals to Court by the Security Council confirm the negative tendency to which our country has referred on several times.
In the referral processes of the Security Council, international law is constantly violated and developing countries are attacked in the name of a supposed "fight against impunity". Therefore, Cuba reiterates its position towards the establishment of an impartial, non-selective, effective, and fair international criminal jurisdiction, complementary to national justice systems, truly independent and, thus, free of subordination to political interests that may distort its essence.
Madam Chair,
Cuba reiterates that the International Criminal Court cannot ignore the 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, set forth in Article 11 of the Vienna Convention on the Law of Treaties, of May 23, 1969.
Cuba wishes to reiterate its serious concern about the precedent set by the Court's decisions to initiate legal proceedings against nationals of States not party to the Rome Statute, that have not even accepted their competence, in accordance with Article 12 thereof.
On the other hand, the ICC jurisdiction should remain independent of the political bodies of the United Nations and always operate in a manner that complements national criminal jurisdictions. The Rome Statute was never conceived as a substitute for national courts.
Madam Chair,
The people of Cuba have been a victim of the most dissimilar forms of aggression for almost 60 years. Harassment and aggression have caused thousands of deaths and injuries to our country, hundreds of families have lost their children, parents and siblings in addition to immeasurable material, economic and financial losses. However, the definition of the crime of "aggression" resulting from the Kampala Conference is far from considering some of the elements mentioned.
The definition of the crime of aggression should be established in a generic way, so that it covers all forms of aggression in international relations among States and which are not limited to the use of armed force, but also affect the sovereignty, territorial integrity or political independence of States.
Madam Chair,
The International Criminal Court should inform the General Assembly about its activities under the provisions of the Relations Agreement. Although Cuba is not part of the ICC, it is willing to continue participating actively in the negotiation processes related to this institution, particularly in the Resolution "Report of the International Criminal Court" adopted every year by the General Assembly.
To conclude, Cuba reaffirms its will to fight against impunity and maintains its commitment to international criminal justice, adherence to the principles of transparency, independence and impartiality, as well as unrestricted application and respect for International Law.
Thank you very much