CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by the Cuban delegation on item 73: Report of the international criminal court. New York, 28 October 2010.
Mr. Chairman,
Cuba continues to support the establishment of an impartial, non-selective, effective, and just international criminal jurisdiction, which complements the national justice systems, is truly independent, and therefore free from subordinations to political interests that could distort its essence.
The International Criminal Court has a flaw due to its limited independence, considering the way in which its relations with the Security Council have been defined. Article 16 of the Rome Statute grants power to the Council to suspend investigations or indictments carried out by the Court. This situation remained unsolved after the Review Conference of the Rome Statute from 31 May to 11 June 2010 in Kampala, Uganda.
The definition of crime of aggression reached at said Conference fell short of Cuba’s expectations. The opportunity to establish a generic definition comprising the forms of aggression also manifested in the international relations among States, and that do not limit themselves to the use of armed force and likewise affect the sovereignty, territorial integrity or political independence of States was missed.
Cuba has suffered for over 50 years dissimilar forms of aggression as a result of the excessive aggressiveness of its powerful neighbor of the North, who has caused us thousands of deaths and injuries, as well as countless material, economic and financial losses.
The definition of crime of aggression adopted in Kampala has also an ambiguous definition of the elements that must help the Court determine the occurrence of this crime, since it does not determine clearly what it is understood by character, gravity and scale of the crime, thus becoming a manifest violation of the Charter of the United Nations.
To Cuba, the use of force by a State in a manner incompatible with the Charter of the United Nations constitutes in itself a grave violation of the Charter.
The integrity of the Rome Statute of the ICC, as a complement to the national criminal jurisdiction, must be preserved. Also, the Court must remain impartial and fully independent from the UN political bodies, which must not impede the operation of the Court. The responsibilities of the UN Security Council under the Charter of the United Nations must not limit the role of the Court as judicial body.
Mr. Chairman,
Cuba maintains a constructive position towards the establishment of a truly impartial, effective and independent international criminal justice, which complements the national jurisdictions. In this regard, we have followed with interest the evolution and operation of this institution, among other actions, by engaging as observer in the sessions of the Assembly of States Parties to the Rome Statute.
Nevertheless, we wish to state our concern over the serious precedent set by the decisions of the International Criminal Court, aimed at initiating legal processes against nationals of non-States Parties to the Rome Statute, which have not even accepted the competence of the Court under Article 12 of the Statute. The Cuban delegation reiterates that respect must be given to the principle relative to the consent of a State to be bound by a treaty, which is provided in Article 11, Part II of the Vienna Convention on the Law of Treaties, of 23 May 1969. 
Mr. Chairman,
My delegation reaffirms its willingness to contribute to the implementation of a truly effective international criminal justice attached to the rules of International Law and, in particular, to the Charter of the United Nations.
Thank you.