Luxembourg Reaffirms Support for International Criminal Court at UN Meeting

Luxembourg’s Minister of Foreign and European Affairs, Jean Asselborn, paid a working visit to the United Nations in New York on Monday 17 and Tuesday 18 July 2023.

On the occasion of the 25th anniversary commemoration of the adoption of the Rome Statute of the International Criminal Court, Minister Asselborn took part in several events marking this moment, including in particular a ministerial round table entitled "Strategic vision for the next decade: how to ensure constant and lasting support for the ICC” and an event on the defence of the Charter of the United Nations (UN) against the crime of aggression.

In his speeches, Minister Asselborn reaffirmed Luxembourg's support for the International Criminal Court and its crucial role in the fight against impunity, recalling that the creation of the ICC was a milestone in the development of international criminal justice.

“Today, 25 years after the success of the diplomatic conference in Rome, the international order based on the rule of law is under more pressure than ever. The risk that the perpetrators of the most serious crimes will go unpunished is unfortunately still relevant. This is why we must redouble our efforts to support the ICC," highlighted the minister, emphasising that Luxembourg remains firmly opposed to any attempt to discredit the Court and hinder its work. He added: "We condemn the recent measures and threats aimed at the prosecutor and judges involved in the prosecution of crimes committed in the context of the war of aggression launched by Russia against Ukraine.”

Luxembourg called on all States to cooperate fully with the ICC, including with regard to the execution of arrest warrants issued by the Court. In this context, Minister Asselborn encouraged the Security Council to make use of its right to refer to the ICC situations in which crimes within the jurisdiction of the Court appear to have been committed and to follow up effectively on the decisions that he has taken to seize the Court.

Welcoming the participation of Observer States, the minister took the opportunity of these discussions to call on Member States that have not yet done so to ratify the Rome Statute. “Each accession to the Rome Statute reinforces the rule of law at the international level,” he pointed out.

He also encouraged States parties to ratify the amendments to the Rome Statute, including the amendments relating to certain categories of weapons and the willful starvation of civilians, as well as the amendments relating to the crime of aggression.

In addition to commemorating the 25th anniversary of the adoption of the Rome Statute of the International Criminal Court, discussions on the situation in Ukraine were also on the agenda. In this context, Minister Asselborn spoke at the United Nations Security Council, on behalf of the Benelux countries, in the context of a ministerial meeting on the consequences of the war in Ukraine, as well as during a debate in the General Assembly "on the situation in the temporarily occupied Ukrainian territories".

Minister Asselborn reiterated Luxembourg's resolute support for the independence, unity, sovereignty and territorial integrity of Ukraine within its internationally recognised borders, in accordance with the resolutions adopted by the Assembly since 2014, recalling in particular that the Ukrainian regions of Donetsk, Luhansk, Kherson and Zaporizhya, like Crimea, are an integral part of the territory of Ukraine.

“Russia's actions not only undermine Ukraine's sovereignty and territorial integrity. They also call into question the very principles of the United Nations, multilateralism and the international order based on the rule of law and the sovereign equality of States,” highlighted Luxembourg’s Foreign Minister.

The minister also recalled the devastating impact of Russia's unprovoked and unjustified aggression against Ukraine: “Russia's aggression is aimed at destroying Ukraine's economy. It also has an impact on food security around the world. In this context, we strongly welcome the Black Sea initiative promoted by the Secretary General of the United Nations. We call for its full implementation and long-term continuation and strongly deplore Russia's decision to suspend its participation.”

In his speeches, Minister Asselborn also reaffirmed Luxembourg's commitment to work on accountability for the crime of aggression and pleaded in favour of the establishment, through a resolution of the United Nations General Assembly and an agreement between the United Nations and Ukraine, for a special international tribunal for the crime of aggression against Ukraine. He argued that the crime of aggression is at the root of all other crimes committed in Ukraine: it is the supreme international crime and those most responsible for it must be held accountable.

Finally, the working visit to the UN was also an opportunity for the minister to deliver an opening speech with his colleague from Cape Verde, Rui Alberto de Figueiredo Soares, during an event on the theme "Sustainable Financing and Gap-Bridging Partnerships for Nature in SIDS”. This event, co-chaired by Cape Verde and Luxembourg, allowed Minister Asselborn and the other participants to reflect on the many challenges faced by Small Island Developing States (SIDS), and to underline the importance of financing biodiversity in the context of the fight against climate change and for sustainable development. Minister Asselborn highlighted that Luxembourg is proud to be a friend of the "coalition of SIDS for nature" since its launch in December 2022.