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UN Security Council Excerpts: ICC references, 1 June to 14 July 2006

14 June 2006

The United Nations Security Council regularly discusses issues and themes relevant to the mandate and activities of the International Criminal Court (ICC). In an effort to continue to provide the most up-to-date information about the ICC and its relationship to the United Nations, the CICC Secretariat will begin to provide a monthly digest of references to the Court from the Security Council.

In addition to excerpts previously distributed from two Security Council open debates in July ('Strengthening International Law: Rule of Law and the Maintenance of International Peace and Security' and 'Protection of Civilians in Armed Conflict'), as well as the ICC Prosecutor's Darfur briefing to the Council in June, please find below excerpts from Security Council meetings, reports and resolutions referencing the ICC from 1 June to 14 July 2006. These include:

(1) Security Council mission: [presentation of the] Report of the Security Council mission on the electoral process in the Democratic Republic of the Congo (S/2006/434), (S/PV.5482), 6 July 2006

(2) Security Council mission: [presentation of the] Report of the Security Council mission to the Sudan and Chad, (S/2006/433), (S/PV.5478), 29 June 2006

(3) Report of the Secretary-General pursuant to resolutions 1653 (2006) and 1663 (2006) [Lord's Resistance Army] (S/2006/478), 29 June 2006

(4) Report of the Secretary-General on the situation in the Central African Republic and the activities of the United Nations Peacebuilding Support Office in the Central African Republic (S/2006/441), 27 June 2006

(5) Report of the Security Council mission to the Sudan and Chad, 4-10 June 2006 (S/2006/433), 22 June 2006

(6) Monthly report of the Secretary-General on Darfur (S/2006/430), 21 June 2006

(7) The situation in Sierra Leone: [presentation of the] Letter dated 31 March 2006 from the Permanent Representative of the Netherlands to the United Nations addressed to the President of the Security Council (S/2006/207); Letter dated 15 June 2006 from the Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council (S/2006/406), (S/PV.5467), 16 June 2006

(8) SC Resolution 1688 (2006) (S/RES/1688 (2006)), 16 June 2006 [transfer of Charles Taylor's trial from the Special Court in Sierra Leone to the Netherlands]

(9) Security Council mission: Briefing by the Security Council mission to the Sudan, Chad and the African Union Headquarters in Addis Ababa (S/PV.5462), 15 June 2006

(10) Report of the Secretary-General on children and armed conflict in the Democratic Republic of the Congo (S/2006/389), 13 June 2006

(11) Twenty-first report of the Secretary-General on the United Nations Organization Mission in the Democratic Republic of the Congo (S/2006/390), 13 June 2006

2006 Security Council meeting records and resolutions are available at http://www.un.org/Depts/dhl/resguide/scact2006.htm. The Council's mission reports are available at http://www.un.org/docs/sc/missionreports.html. The Secretary General's 2006 reports to the Council are available at http://www.un.org/docs/sc/sgrep06.htm.

More information on the ICC and the United Nations Security Council is available at http://www.coalitionfortheicc.org/?mod=sc.

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(1) Security Council mission: Report of the Security Council mission on the electoral process in the Democratic Republic of the Congo (S/2006/434), (S/PV.5482), 6 July 2006

H.E. Ambassador Kirsti Lintonen, Permanent Representative of Finland to the UN, speaking on behalf of the European Union (EU):

"The related problem of illegal armed groups in the eastern Democratic Republic of the Congo needs to remain at the centre of attention after the elections. [...] In that regard, we welcome the Secretary-General's report (S/2006/310) on a strategy to deal with the problems of armed groups operating in the region. We encourage the Secretariat to continue its work in this field, including on the specific problem of the Lord's Resistance Army (LRA). We welcome the firm action taken by the International Criminal Court (ICC) to combat impunity in the Democratic Republic of the Congo and hope also that there will soon be progress in apprehending the leaders of the LRA. [...]"

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(2) Security Council mission: Report of the Security Council mission to the Sudan and Chad (S/2006/433), (S/PV.5478), 29 June 2006

H.E. Ambassador Gerhard Pfanzelter, Permanent Representative of Austria to the UN, speaking on behalf of the European Union (EU):

"Secondly, protection of civilians must be provided and impunity for abuses ended. We call on the Government of the Sudan to bring the perpetrators to justice for crimes committed in Darfur and to stop the violence against internally displaced persons, especially sexual violence against women and girls. Protection of victims and witnesses needs urgently to be strengthened. We reiterate our full support for the ongoing investigation by the International Criminal Court (ICC) and urge all parties, in particular, the Government of the Sudan, to fully cooperate with the ICC. [...]

The problem of the Lord's Resistance Army (LRA) needs specific attention. We recognize the intentions of the Government of South Sudan to persuade the LRA to enter into serious peace negotiations with the Government of Uganda. We hope that this can lead to a dissolution of the LRA, while scrupulously respecting the arrest mandates and injunctions from the ICC."

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(3) Report of the Secretary-General pursuant to resolutions 1653 (2006) and 1663 (2006) (S/2006/478), 29 June 2006

"25. UNMIS [United Nations Mission in the Sudan] has no mandate to arrest and can only detain individuals who attack, or threaten to attack, United Nations personnel or installations or local populations within the immediate vicinity of United Nations installations. The capabilities of that particular United Nations mission to provide protection should be also taken into account. Detainees would have to be immediately handed over to the Sudanese authorities. While the Sudan is not a State party to the Rome Statute, it has signed a memorandum of understanding with the International Criminal Court pledging to hand over the indicted LRA [Lord's Resistance Army] leaders to The Hague. [...]

31. MONUC [United Nations Mission in the Democratic Republic of the Congo] is aware of its mandate to detain the LRA leaders who have been indicted by the International Criminal Court, and would seek to do so if it came across them while carrying out its mandated duties. The captured LRA leaders would have to be immediately handed over to the Congolese authorities who, since the Democratic Republic of the Congo is a State party to the Rome Statute and has other agreements with the Court, would then be expected to hand over the suspects for arraignment in The Hague. As mentioned above, joint FARDC-MONUC operations against foreign armed groups, including LRA, will continue insofar as the MONUC capacity and mandate allow. [...]

38. The fact that five leaders of LRA, including Joseph Kony and Vincent Otti, have been indicted by the International Criminal Court, was believed to have made them less approachable for negotiations. Nevertheless, recent contacts between the Government of Southern Sudan and Messrs. Kony and Otti, with the apparent knowledge of the Government of Uganda, suggest the possibility of a negotiated solution with LRA. However, such contacts also raise the issues of impunity and the responsibility of the Southern Sudanese authorities to apprehend the individuals indicted by the Court."

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(4) Report of the Secretary-General on the situation in the Central African Republic and the activities of the United Nations Peacebuilding Support Office in the Central African Republic (S/2006/441), 27 June 2006

"The National Assembly was in session from 1 March to 30 May 2006, during which time it adopted a large number of draft laws. These included a draft law authorizing the ratification of the Agreement on the Privileges and Immunities of the International Criminal Court in the territory of each State party; [...]"

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(5) Report of the Security Council mission to the Sudan and Chad, 4-10 June 2006 (S/2006/433), 22 June 2006

"17. Among the various challenges facing the new Government of Southern Sudan, the mission considered addressing the presence of Lord's Resistance Army (LRA) a priority. The group, responsible for the death, abduction and displacement of thousands of innocent civilians in Uganda, the Sudan and the Democratic Republic of the Congo, and whose leaders have been indicted by the International Criminal Court (ICC), has said that it wants to make peace with the Government of Uganda, with mediation assistance from the Government of Southern Sudan. While expressing determination to see the threat from LRA eliminated, the mission advised caution in dealing politically with LRA leaders wanted for trial in The Hague. [...]

31. First Vice-President Kiir said that he believed political mediation was necessary to remove the LRA threat. Further to recent meetings held between its leader Joseph Kony and Government of Southern Sudan Vice-President Riek Machar, First Vice-President Kiir said that LRA had stated its commitment to peace. Therefore, despite the ICC indictments against Kony and his top commanders, it was incumbent on his Government to work for peace. To that effect, Government officials outlined a recently launched peace initiative, which, it hoped, would lead to the definitive and peaceful departure of LRA from southern Sudanese soil. The mission expressed its strong apprehension that Government officials were mediating with people indicted by the ICC, and urged caution in their dealings with the group. First Vice-President Kiir compared his Government's approach to Nigeria's offer of exile to former Liberian President Charles Taylor, which had enabled an early and peaceful end to his presidency. [...]

47. President Déby [Chad], humanitarian organizations and IDPs also called for a United Nations force to be deployed. [...] They also wanted ICC prosecutions pursued. [...]

IV. Observations and recommendations

63. The Council's conclusions following the mission to the Sudan, Chad and Addis Ababa are as follows: [...]

Southern Sudan

(l) The problem of LRA requires firm attention. Steps should be taken to develop a decisive international response to remove that threat, should peace talks fail. We look forward to receiving the recommendations of the United Nations Secretariat on tackling LRA. It is also important that the ICC indictments against LRA be acted on; [...]

Annex

Terms of reference

Security Council mission to the Sudan, Chad and the African Union Headquarters in Addis Ababa [...]

Sudan: Darfur issues [...]

- Press for the Government of the Sudan and all other parties to the conflict in Darfur, in accordance with their obligations under resolution 1593 (2005), to cooperate fully with the International Criminal Court. [...]

Sudan: North-South and southern Sudan issues [...]

- Assess in accordance with resolution 1663 (2006) how UNMIS could more effectively address the problem of the Lord's Resistance Army (LRA), which continues to cause the death, abduction and displacement of many innocent civilians in the Sudan and elsewhere.

- Reaffirm the Security Council's concern about LRA and press for urgent action by the Sudanese authorities to arrest those subject to arrest warrants issued by the International Criminal Court. [...]

African Union (Addis Ababa) [...]

- Exchange views on the threat from the Lords Resistance Army and ongoing efforts to resolve this problem."

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(6) Monthly report of the Secretary-General on Darfur (S/2006/430), 21 June 2006

"14. The United Nations High Commissioner for Human Rights visited the Sudan from 30 April to 6 May. The High Commissioner highlighted the continuing problem of human rights violations committed by Government agents and the increased involvement of rebel groups in attacks against civilians in Darfur. [...] The High Commissioner also concluded that the initiatives and measures taken by the Government to address impunity for human rights violations remain superficial and inadequate. She called for the International Criminal Court (ICC) to more visibly and robustly carry out the functions already assigned to it by the Security Council more than a year ago, with the full cooperation of the Government. [...]

30. To strengthen the peace process, the parties, with the assistance of the international community, must act quickly to begin the implementation process. [...] Sustainable peace will be possible only if the cycle of impunity is broken and accountability is ensured. The Government needs to redouble its effort in this regard at the national level and through effective cooperation with the International Criminal Court, as requested by the Security Council in its resolution 1593 (2005)."

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(7) The situation in Sierra Leone: [presentation of the] Letter dated 31 March 2006 from the Permanent Representative of the Netherlands to the United Nations addressed to the President of the Security Council (S/2006/207); Letter dated 15 June 2006 from the Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council (S/2006/406), (S/PV.5467), 16 June 2006

Mr. Konstantin K. Dolgov, Deputy Permanent Representative of the Russian Federation to the UN:

"The Russian Federation shares the view of members of the Security Council on the need to hold a trial for former Liberian President Charles Taylor away from the seat of the Special Court for Sierra Leone. We note the constructive role played by the Governments of the Netherlands and the United Kingdom, the authorities at the International Criminal Court and the States parties to the Court's Statute in connection with transferring the trial to The Hague."

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(8) SC Resolution 1688 (2006) (S/RES/1688 (2006)), 16 June 2006 [transfer of Charles Taylor's trial from the Special Court in Sierra Leone to the Netherlands]

"Taking note also of the Memorandum of Understanding between the Special Court and the International Criminal Court dated 13 April 2006 ("the Memorandum dated 13 April 2006"), [...]

3. Takes note of the willingness of the International Criminal Court, as requested by the Special Court and as expressed in the Memorandum dated 13 April 2006 to allow the use of its premises for the detention and trial of former President Taylor by the Special Court, including any appeal; [...]"

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(9) Security Council mission: Briefing by the Security Council mission to the Sudan, Chad and the African Union Headquarters in Addis Ababa (S/PV.5462), 15 June 2006

H.E. Sir Emyr Jones Parry, Permanent Representative of the United Kingdom to the UN:

"In the south, we also discussed the problems caused in the region by the attacks launched by the Lord's Resistance Army (LRA). That scourge is present in southern Sudan, and also in the Garamba Park in the Democratic Republic of the Congo, as well as affecting northern Uganda. Its activities over 19 years have led to more than 1.7 million internally displaced persons and to many deaths. The need to overcome this small group of people who are causing such havoc throughout the region is only too obvious. The Government in the south is making overtures to the LRA, hoping that it can persuade them to negotiate peace with the Government of Uganda. Clearly, there is a need for a political process to entice the bulk of LRA members away from the leadership and to try to reintegrate them into their societies. But there must be real doubt about the extent to which Kony and the other indictees are in any way prepared to work for peace and to put aside their appalling record.

In my view, they need to face justice in The Hague. I have separately asked the Secretary-General, in following up the mandate in resolutions 1653 (2006) and 1663 (2006), to provide the Council with a written report on the regional dimension of the LRA, because we need to put in place a comprehensive response by the international community, given the obvious threat to regional peace and security which the LRA still poses."

H.E. Dr. Augustine P. Mahiga, Permanent Representative of the United Republic of Tanzania to the UN:

"When we were in Juba, we were told that a delegation of the LRA [Lord's Resistance Army] was there and that a delegation from Uganda was being awaited for negotiations under the auspices of the government of southern Sudan. We were curious, wanting to know the status of the five indicted leaders and whether they would be part of the negotiations. The leadership was careful to make a distinction between negotiations for peace with the LRA and the culpability of the five indicted leaders. Although we were unable to obtain definite positions on what would happen, they agreed in principle on the need to apprehend the indictees and to hand them over to the International Criminal Court."

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(10) Report of the Secretary-General on children and armed conflict in the Democratic Republic of the Congo (S/2006/389), 13 June 2006

"7. Of late, joint efforts at the national and international levels have resulted in great strides in the fight against impunity for those who recruit and use children. In March 2006, Jean Pierre Biyoyo from the 10th Military Region (ex-commander of the armed group Mudundu 40) was condemned to five years' imprisonment for arbitrary arrest and illegal detention of children (de facto child recruitment), committed in South Kivu in April 2004. The same month, Thomas Lubanga Dyilo, a former leader of the Union des patriotes congolais active in Ituri Province, was handed over to the International Criminal Court in The Hague, accused of the war crime of recruitment and use of children under the age of 15. The new Constitution, promulgated in February 2006, will contribute to limiting the use of children in armed groups as the age of 18 was confirmed as the minimum age for recruitment into the armed forces. [...]

33. In April 2006, seven FARDC soldiers were punished severely for crimes against humanity when the military tribunal of the garrison of Mbandaka handed down life terms for mass rapes in the village of Songo Mboyo in Equateur Province, committed in December 2003. The court applied the Rome Statute of the International Criminal Court, which qualifies rape as a crime against humanity. This was the very first sentence against the country's military personnel for crimes against humanity. [...]

56. I reaffirm the complementary nature of the jurisdiction in the Democratic Republic of the Congo of the International Criminal Court, and the primary responsibility of the Government of the Democratic Republic of the Congo to bring perpetrators of serious crimes against children to justice. This has already resulted in landmark rulings addressing impunity for recruitment and use of children and sexual violence against children. More resources, human and financial, should, however, be made available for strengthening the capacity of the armed forces' Auditeurs militaires to investigate and prosecute crimes against children."

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(11) Twenty-first report of the Secretary-General on the United Nations Organization Mission in the Democratic Republic of the Congo (S/2006/390), 13 June 2006

"35. On 18 January, MONUC deployed its Guatemalan special forces unit to the Garamba National Park following the receipt of information about the alleged presence there of LRA, including the militia leader, Vincent Otti, for whom the International Criminal Court had issued an arrest warrant. On 23 January, while approaching a militia camp, the MONUC special forces unit came under heavy fire by suspected LRA elements. Eight troops were killed and five were injured. [...]

54. While the authorities cooperated with the International Criminal Court in arresting Thomas Lubanga, a former Ituri militia leader, and transferring him from Congolese custody to the Court's headquarters in The Hague, several dangerous Ituri militia leaders have been released from Government custody questionably, at least one of whom is reported to have rejoined a militia group in Ituri. [...]

77. In this connection, the surrender of Mayi-Mayi commander Gédéon and his forces in Mitwaba is a welcome development. I am also encouraged by the steps taken to bring before the International Criminal Court one of the notorious leaders of the Ituri armed groups. At the same time, the judicial authorities of the Democratic Republic of the Congo are expected to make additional efforts to put an end to impunity, including within FARDC."