Rescue from a collision course.

In 1989, President Arthur N. R. Robinson of the Republic of Trinidad and Tobago, who was then Prime Minister, proposed the establishment of an International Criminal Court to deal with the growing problem of illicit drug trafficking and to facilitate the prosecution of major drug traffickers. There were serious objections at the time to the Court's establishment, as it was felt, among other things, that the national sovereignty of States would be compromised by the Court. Trinidad and Tobago, however, maintained the momentum. And the Caribbean Community (CARICOM) played a significant role in proposing an International Criminal Court with the power to investigate and bring to justice individuals who commit the most serious crimes of concern to the international community, "in recognition of a grave and ever worsening threat to the security of many States, the international drug trade and its attendant evils", as I put it on behalf of CARICOM at the Rome Conference, urging consideration to the inclusion of this category of crime within the Court's jurisdiction. Although the Conference did not agree to the inclusion of drug trafficking as a crime within the Court's mandate, Trinidad and Tobago is prepared to readdress the issue at a Review Conference.

We feel we should include terrorism and drug crimes in the Court's purview. Many countries of the world, particularly smaller countries, are likely to experience difficulties in dealing with such matters of a transnational nature. The national legal systems of these countries may not be equipped with the resources and expertise to effectively prosecute and punish these crimes. Transnational drug trafficking and acts of terrorism are, in essence, forms of genocide and crimes against humanity, areas over which the Court does have jurisdiction. Another significant issue which was the focus of considerable debate at the Conference was that of the death penalty. The lack of consensus at the Conference on the inclusion in the Statute of the death penalty on persons convicted of the most serious kind of killing human beings is mainly responsible for Trinidad and Tobago not being able to sign the Statute at this time. It has, however, signed the Final Act, thereby pledging its intention to continue to work towards the Court's establishment.

In addressing the closing plenary session of the Rome Conference, I observed that the flexibility of delegates on certain issues, so that the process for the establishment of the Court might not be impeded, notwithstanding their inability to agree on elements to be included or excluded in the Statute, is cogent evidence of the political will to create an International Criminal Court. The international community must build upon this, devising ways and means of accommodating the views of various countries on fundamental issues. Such a Court cannot stand alone-the international community must support the Court in order for it to have any real legitimacy and for it to function with maximum effect.

The breakthrough achieved cannot, however, be minimized. In the words of Secretary-General Kofi Annan: "The establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law" The use of instruments such as embargoes and sanctions has not been able to fully address gross breaches of international humanitarian law. The establishment of an International Criminal Court will ensure that those responsible will be brought to justice.

The words of President Robinson are most appropriate: "Make no mistake about it, the world today is on a collision course with its own inhumanity and anything that rescues it from this course will have made the greatest contribution of our time."

Ramesh Lawrence Maharaj is Attorney General and Minister of Government of the Republic of Trinidad and Tobago.