The Ministers reaffirmed that many new areas of concern have emerged which warrant the renewal of commitment of the international community to uphold and defend the principles of the United Nations Charter and international law as well as a fuller utilisation and means for the peaceful settlement of disputes, as envisaged in the United Nations Charter. In this context, the Ministers committed themselves to conduct the external affairs of their countries based upon the obligations of international law.
The Ministers of NAM countries that are States Parties to the Rome Statute of the International Criminal Court (ICC) recalled the Declaration of the NAM Ministerial Meeting of the Coordinating Bureau of the United Nations Diplomatic Conference of Plenipotentiaries on the establishment of an International Criminal Court. They viewed the entry into force of the Rome Statute as a positive institutional development in the area of international criminal law, and took note of the election of the 18 Judges of the Court, the Prosecutor, a Deputy Prosecutor and the 5 Members of the Board of Trustees of the Victims Trust Fund. They took note as well of the referral of two situations to the Court by two States Parties and of the need for NAM members which are States Parties to the Rome Statute to cooperate with the Court in any request for assistance in the conduct of its investigations. They stressed in addition, the importance of safeguarding the integrity of the Statute and the need to ensure that the Court remains impartial and fully independent of political organs of the United Nations. They observed with concern actions aimed at establishing a process to grant immunity from investigation or prosecution by the ICC to nationals of States which are not Parties to the Rome Statute participating in UN-established or authorized operations. In this regard, they welcomed recent developments in the Security Council as a result of which such immunity was not further extended and noted in this respect that the adoption of Security Council Resolutions 1422 (2002) and 1487 (2003) was not consistent with the Rome Statute, had threatened to undermine the credibility and independence of the ICC and, as such, had posed a serious threat to international treaty law.
The Ministers noted with great interest the establishment of a special working group by the Assembly of States Parties of the ICC on the crime of aggression, open on an equal footing to all States Members of the United Nations or members of specialised agencies or of the International Atomic Energy Agency, for the purpose of elaborating proposals for a provision on aggression. The Ministers urged the active and consistent participation of the members of NAM in the work of the special working group and they called on all States to work together to ensure the timely completion of a provision on the crime of aggression for its inclusion in the Statute, which would be acceptable, especially to members of the Non-Aligned Movement.
The Ministers stressed the Movement’s deep concern over the intention of a group of States to unilaterally re-interpret the existing legal instruments in accordance with their own views and interests. The Movement again emphasised that the integrity of international legal instruments by States Parties must be maintained. They further reiterated the Movement’s deep concern at the decrease of the representation of Non- Aligned countries in several treaty bodies and called upon the members of the Movement that are parties to these bodies to work collectively with a view to increasing and enhancing its representation, particularly by supporting the candidatures of experts from the Non-Aligned Countries.