A/HRC/10/25
page 8
22. The fight against impunity is one of the priority areas of the State’s foreign policy. Over
the years, Finland has in many ways supported the ad hoc tribunals and the International
Criminal Court and continues to do so. With respect to the International Criminal Court, Finland
has taken action both individually and through the European Union and its action plan to
follow-up on the European Union common position on the International Criminal Court.
23. Finland has always supported the establishment and effective functioning of the
International Criminal Court as well as of the universality, integrity and full implementation of
the Rome Statute. It ratified the Rome Statute on 29 December 2000, and the Statute entered into
force for Finland on 1 July 2002, the day it entered into force internationally. Together with the
Statute, legislation implementing the application of the Statute, including provisions on legal
assistance to the Court and the enforcement of penalties ordered by the Court, as well as certain
amendments of the Penal Code, were also adopted. No major amendments were introduced to
the Finnish Penal Code when the Statute was ratified. It was acknowledged, however, that this
was necessary for national courts to be fully able to exercise jurisdiction over crimes within the
Court’s jurisdiction. A Government bill on certain amendments with regard to, for example, the
definition of genocide and some other criminalizations in chapter 11 of the Penal Code as well as
on introducing specific provisions implementing articles 28 and 33 of the Rome Statute was
submitted to Parliament on 13 September 2007. The amendments concerned were adopted
on 11 April 2008 and entered into force on 1 May 2008.
24. Full cooperation by States with the ad hoc tribunals and the International Criminal Court is
needed for them to be able to fulfil their mandates. To this end, Finland has concluded separate
agreements with the International Criminal Tribunal for the former Yugoslavia and the
International Criminal Court. In addition, the Ministry of Foreign Affairs of Finland has a grant
for providing voluntary financial assistance to projects related to the fight against impunity, and
has used this grant to sponsor various projects specifically related to the ad hoc tribunals and the
International Criminal Court, such as the Outreach Project of the International Criminal Tribunal
for Rwanda, the Legal Tools Project, and the Internship and Visiting Professionals Programme
of the International Criminal Court. Contributions have also been allocated to the Trust Fund for
Victims and a trust fund for the participation of least developed countries and other developing
states in the assembly of States parties. Finland has also supported international and local human
rights and other organizations as well as human rights defenders contributing to the fight against
impunity.
25. The Government of Finland believes that peace, justice, human rights and development are
interlinked and mutually reinforcing. The International Criminal Court and the ad hoc tribunals
have an important role in upholding the rule of law, which Finland strongly supports. In addition
to punishing the crime of genocide, their establishment and the increase in relevant case law on
both the international and national levels as well as the ensuing deterrent effect may also be seen
as partial responses to the commitment to prevent the crime of genocide. This alone is not
sufficient, however. Large-scale violations of rules protecting civilian populations are typical in
failed State situations and in internal conflicts. Therefore, the underlying causes for political
disorder should be addressed in the preventive manner through a variety of means.
26. The Government of Finland also mentioned that, in 2005, the General Assembly, in the
World Summit Outcome (resolution 60/1), endorsed the concept of “responsibility to protect”,
acknowledging that the primary responsibility for the protection of populations, whether citizens
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