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UN Excerpts: ICC references, 1 January - 29 February 2008

19 Mar 2008

Dear All,

In addition to excerpts previously distributed from UN meetings, reports and resolutions, including the last Security Council open debate on Children in Armed Conflict, please find below additional references to the International Criminal Court and its situations publicly available from 1 January to 29 February 2008. These include:

(1) U.N. Press Conference on Central African Republic Humanitarian Situation
28 February 2008, http://www.un.org/News/briefings/docs/2008/080228_Lanzer.doc.htm

(2) Spokesperson’s Noon Briefing, Daily Press Briefing By the Office of the Spokesman for the Secretary-General, 25 February 2008, http://www.un.org/News/briefings/docs/2008/db080225.doc.htm

(3) General Assembly, Letter dated 12 February 2008 from the Chargé d’affaires a.i. of the Permanent Mission of Peru to the United Nations addressed to the Secretary-General, Agenda item 108: Measures to eliminate international terrorism, 14 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/694

(4) Security Council, Letter dated 11 February 2008 from the Chairman of the Security Council Committee established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo addressed to the President of the Security Council, S/2008/43, 13 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/43

(5) General Assembly, Letter dated 3 December 2007 from the Permanent Representative of Germany to the United Nations addressed to the Secretary-General, Agenda item 108: Measures to eliminate international terrorism, 11 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/689

(6) U.N. News Centre, Congolese Rebel leader makes first appearance at International Criminal Court, 11 February 2008, http://www.un.org/apps/news/story.asp?NewsID=25580&Cr=democratic&Cr1=congo

(7) Permanent Forum on Indigenous Issues, Seventh session, New York, 21 April - 2 May 2008, Implementation of the recommendations on the six mandated areas of the Permanent Forum and on the Millennium Development Goals, Half-day discussion on indigenous languages, Forms of education of indigenous children as crimes against humanity?, Expert paper prepared for the Permanent Forum on Indigenous Issues, E/C.19/2008/7, http://www.un.org/Docs/journal/asp/ws.asp?m=E/C.19/2008/7

(8) Security Council, Reports of the Secretary-General on the Sudan, S/PV.5832, 8 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/PV.5832 (errors in official transcript supplemented by http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1181131324803&a=KArticle&aid=1199210910106)

(9) U.N. Press Release, Security Council, African Union-United Nations Hybrid Force in Darfur Severely Under-Resourced to Protect Civilians, Peacekeeping Chief Warns Security Council: African Union Head Says Joint Operation Cannot Be Allowed to Fail; Special Envoy Says Peace Talks Face Worsening Security in Darfur, Resurgent Instability in Chad, SC/9243, 8 February 2008, http://www.un.org/News/Press/docs/2008/sc9243.doc.htm

(10) General Assembly, Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, the Bahamas, Bahrain, Bangladesh, Barbados, Botswana, Brunei Darussalam, the Central African Republic, China, the Comoros, the Democratic People’s Republic of Korea, Dominica, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Grenada, Guinea, Guyana, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Japan, Jordan, Kuwait, the Lao People’s Democratic Republic, the Libyan Arab Jamahiriya, Malaysia, Maldives, Mauritania, Mongolia, Myanmar, Nigeria, Oman, Pakistan, Papua New Guinea, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Singapore, Solomon Islands, Somalia, the Sudan, Suriname, Swaziland, the Syrian Arab Republic, Thailand, Tonga, Trinidad and Tobago, Uganda, the United Arab Emirates, Yemen and Zimbabwe addressed to the Secretary-General, Agenda item 70(b): Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/62/658, 2 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/658

(11) Security Council, Letter dated 18 January 2008 from the Permanent Representative of Italy to the United Nations addressed to the President of the Security Council, S/2008/67, 1 February 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/67

(12) U.N. News Centre, Some 250,000 children worldwide recruited to fight in wars – UN official, 30 January 2008, http://www.un.org/apps/news/story.asp?NewsID=25450&Cr=children&Cr1=conflict

(13) U.N. News Centre, Child recruitment continues in over one dozen countries, reports Ban Ki-moon, 29 January 2008, http://www.un.org/apps/news/story.asp?NewsID=25440&Cr=child&Cr1=soldier

(14) General Assembly, Letter dated 17 December 2007 from the Permanent Representatives of Costa Rica and Malaysia to the United Nations addressed to the Secretary-General, Agenda item 98: General and Complete Disarmament, A/62/650, 18 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/650

(15) General Assembly Third Committee, Agenda item 70: Promotion and Protection of Human Rights: (b) Human right questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, Summary record of the 52nd meeting on 21 November 2007, A/C.3/62/SR.52, 17 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/C.3/62/SR.52

(16) General Assembly Third Committee, Agenda item 63: Advancement of Women, Agenda item 65: Report of the Human Rights Council, Agenda item 69: Right of Peoples to Self-determination, Summary record of the 47th meeting on 16 November 2007, A/C.3/62/SR.47, 16 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/C.3/62/SR.47

(17) Security Council, Working Group on Children and Armed Conflict, Letter dated 14 January 2008 from the President of the Security Council to the Permanent Representative of the Democratic Republic of the Congo to the United Nations, S/AC.51/2008/2, 14 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/AC.51/2008/2

(18) Security Council, Letter dated 11 January 2008 from the Chairman of the Security Council Committee established pursuant to Resolution 1533 (2004) concerning the Democratic Republic of the Congo addressed to the President of the Security Council , S/2008/17, 11 January 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/17

(19) U.N. Press Release, Security Council, In 2007 Security Council Faced Daunting Range of Peace, Security Challenges, Including Africa, Middle East, Nuclear Proliferation, Terrorism, 4 January 2008, http://www.un.org/News/Press/docs/2008/sc9219.doc.htm



(20) General Assembly Third Committee, Agenda Items 62: Social development, Agenda Item 63: Advancement of women, Agenda Item 66: Promotion and protection of the rights of children, Agenda item 68: Elimination of racism and racial discrimination, Agenda item 70: Promotion and protection of human rights, Protection of Women, Development and Human Rights, Summary record of the 53rd meeting on 27 November 2007, A/C.3/62/SR.53, 2 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/C.3/62/SR.53

(21) Security Council, Letter dated 31 December 2008 from the Charge D’Affairs a.i. of the Permanent Mission of the Congo to the United Nations addressed to the President of the Security Council, S/2007/783, 2 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2007/783

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(1) U.N. Press Conference on Central African Republic Humanitarian Situation
28 February 2008, http://www.un.org/News/briefings/docs/2008/080228_Lanzer.doc.htm

TOBY LANZER (United Nations Humanitarian Coordinator for the Central African Republic) The International Criminal Court was reviewing crimes committed during a certain period in the Central African Republic, but, if it found evidence of crimes committed in other times, it would certainly pursue evidence, he said to another question.

Asked about the presence of the Lord’s Resistance Army (LRA) in the Central African Republic, he said he had not been able to confirm reports that members of LRA had been sighted in the country. As for whether the Government would execute the arrest warrants the International Criminal Court had issued against certain LRA members if they were found in the Central African Republic that was a question that should be put to the Government itself.

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(2) Spokesperson’s Noon Briefing, Daily Press Briefing By the Office of the Spokesman for the Secretary-General, 25 February 2008, http://www.un.org/News/briefings/docs/2008/db080225.doc.htm

Question: About the Lavrov call, I just want to make clear that I meant not this weekend but since the declaration was made. Also, on Uganda, Human Rights Watch had said that the draft agreement, I guess it's not finalized yet, but it seems that, in it, international standards and adequate penalties for past war crimes are lacking, according to human rights groups. Does the UN think this agreement complies with the International Criminal Court and the indictments that are agreed on for the LRA?

Spokesperson: I read the part of the agreement you're talking about, the establishment of a national court. So this is going to be established. That doesn't change the fact that the UN stands by its position on the fact that it is for the International Criminal Court to decide and to work with the national authorities on the indictments.

Question: Does the national process replace the ICC or do they work with the ICC?

Spokesperson: No, it does not [replace the International Criminal Court].

[The Spokesperson later added that the United Nations position is that there should be no impunity and that it is critical to achieve peace with justice in northern Uganda. The agreements reached by the parties -- by establishing a national judicial process -- can provide for peace with justice as long as they are credibly implemented, as the Secretary-General has stated. The agreements provide for serious crimes to be adjudicated through a national trial in the Ugandan High Court. She pointed out that these agreements also provide for reparations to war victims, the establishment of a truth-commission-style body and other measures to promote national reconciliation.]

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(3) General Assembly, Letter dated 12 February 2008 from the Chargé d’affaires a.i. of the Permanent Mission of Peru to the United Nations addressed to the Secretary-General, Agenda item 108: Measures to eliminate international terrorism, 14 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/694

Solidarity with Colombia [...] Whereas kidnapping or any form of arbitrary deprivation of liberty is an international crime under the provisions of the Rome Statute of the International Criminal Court, giving rise in all States to the obligation to cooperate in investigating and punishing those responsible for this offence;

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(4) Security Council, Letter dated 11 February 2008 from the Chairman of the Security Council Committee established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo addressed to the President of the Security Council, S/2008/43, 13 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/43

88. According to national civilian and military sources, information provided by sources in the Government of the Democratic Republic of the Congo, FARDC, the diplomatic community and informants from illegal armed groups: [...]

(g) Germain Katanga, listed by the Committee for being a member of an illegal armed group and for arms trafficking, was transferred to the International Criminal Court by the Government of the Democratic Republic of the Congo on 17 October 2007; [...]

(i) Thomas Lubanga, listed by the Committee for being a member of an illegal armed group and for arms trafficking, was transferred to the International Criminal Court by the Congolese authorities on 17 March 2006;

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(5) General Assembly, Letter dated 3 December 2007 from the Permanent Representative of Germany to the United Nations addressed to the Secretary-General, Agenda item 108: Measures to eliminate international terrorism, 11 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/689

Professor Dr. V. S. Mani, Director, NOTES ON INTERVENTIONS, (High level Seminar on the Draft Comprehensive International Convention on International Terrorism, 11-12 September 2007, SWP, Berlin) [...] Two, India was disappointed with what was to be the Rome Convention on the Statute of the International Criminal Court, because unlike the 1994 ILC Draft of the Statute, it failed to include acts of international terrorism within the jurisdiction of the ICC.

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(6) U.N. News Centre, Congolese Rebel leader makes first appearance at International Criminal Court, 11 February 2008, http://www.un.org/apps/news/story.asp?NewsID=25580&Cr=democratic&Cr1=congo

The former Congolese rebel leader Mathieu Ngudjolo Chui today made his first appearance before the International Criminal Court (ICC), where he is facing nine counts of war crimes that include allegations of sexual slavery and the use of child soldiers. Judges at the ICC, which sits in The Hague, verified Mr. Ngudjolo Chui’s identity and had the full arrest warrant read out to him, four days after he was arrested by authorities in the Democratic Republic of the Congo (DRC) and handed over to the court. The ICC is scheduled to hold a hearing tomorrow to determine whether to join the charges against Mr. Ngudjolo Chui with the charges against Germain Katanga, another indictee before the tribunal. Currently a colonel in the DRC’s national armed forces, Mr. Ngudjolo Chui is a former commander of the rebel National Integrationalist Front (FNI), and he faces three counts of crimes against humanity and six of war crimes.

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(7) Permanent Forum on Indigenous Issues, Seventh session, New York, 21 April - 2 May 2008, Implementation of the recommendations on the six mandated areas of the Permanent Forum and on the Millennium Development Goals, Half-day discussion on indigenous languages, Forms of education of indigenous children as crimes against humanity?, Expert paper prepared for the Permanent Forum on Indigenous Issues, E/C.19/2008/7, http://www.un.org/Docs/journal/asp/ws.asp?m=E/C.19/2008/7

44. Also unclear in paragraph (e) is the meaning of the concept of “forcible transfer” of children. Certainly, the use of physical force would surely constitute “forcible transfer”, but what about less coercive means? It has, for example, been suggested that “forcible transfer” may include, but is not necessarily restricted to, threats or intimidation (Schabas, 2000: 177, quoting the discussion paper of the co-ordinator, the Preparatory Commission for the International Criminal Court). [...]

53. The term ‘crime against humanity’ was first used in the modern context in respect of the massacres of Ottoman Turkey’s Armenians from 1915. Although long associated with armed conflict, this is no longer the case; it is now accepted that they can also be perpetrated in times of peace (see Cassese, 2003: 74, Schabas, 2001: 37). The most complete description of what constitute “crimes against humanity” is now set out in the Rome Statute of the International Criminal Court of 17 July, 1998 (the “ICC Statute”). Article 7, paragraph 1 of the ICC Statute defines “crime against humanity” as any of a number of enumerated acts, “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”.

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(8) Security Council, Reports of the Secretary-General on the Sudan, S/PV.5832, 8 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/PV.5832 (errors in official transcript supplemented by http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1181131324803&a=KArticle&aid=1199210910106)

Mr. Weisleder (Costa Rica) (spoke in Spanish): [...] Costa Rica restates its commitment to the International Criminal Court and would like to emphasize the obligation of the Government of Sudan to cooperate with that high Court, pursuant to resolution 1593 (2005). The international community’s commitment to peace requires the Security Council to go beyond rhetoric and thus guarantee the implementation of its resolutions and of the mandates emanating from them. [...]

Mr. Ripert (France) (spoke in French): [...] Lastly, my delegation ardently hopes that the crimes committed in Darfur will not go unpunished. The International Criminal Court should pursue its activities with regard to the most serious crimes, some of the perpetrators of which are unfortunately still being protected by the Sudanese authorities. [...]

Mr. Mantovani (Italy): [...] Let me also recall that there can be no impunity for the crimes committed in Darfur. Italy supports the opinion and conclusions of the Council of the European Union on 28 January and its call on the Government of the Sudan to cooperate with the International Criminal Court. [...]

Sir John Sawers (United Kingdom): [...] The fourth track is impunity. I share the concerns of several colleagues and their dismay at the total lack of progress in holding to account those indicted by the International Criminal Court for war crimes and crimes against humanity in Darfur. Those indictments will not go away. Justice will be an integral part of lasting peace in Darfur. The appointment of Musa Hilal, who was sanctioned by the Security Council under its resolution 1672 (2006), to a Sudanese Government position is a further concern. It will not advance the peace process. [...]

Mr. Verbeke (Belgium) (spoke in French): [...] I cannot conclude without emphasizing once again a major priority of my delegation: the fight against impunity. Here, the Sudan has a twofold obligation: to cooperate with the International Criminal Court pursuant to resolution 1593 (2005); and to implement the restrictive measures imposed by the Security Council. Without wishing to confuse the two issues, Belgium deplores the recent appointment of Mr. Musa Hilal — who appears on the sanctions Committee’s list of individuals and entities — as a Government adviser. That is in addition to the unfortunate fact that two individuals indicted by the International Criminal Court, including Mr. Ahmed Haroun, have yet to be transferred to The Hague. [...]

The President (spoke in Spanish): I now will make a statement in my capacity as the representative of Panama. [...] Moreover, Panama echoes the sentiments expressed by States regarding their serious concerns regarding the lack of protection by the Government of Sudan of the human rights of its citizens and its lack of respect for the authorities of the International Criminal Court.

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(9) U.N. Press Release, Security Council, African Union-United Nations Hybrid Force in Darfur Severely Under-Resourced to Protect Civilians, Peacekeeping Chief Warns Security Council: African Union Head Says Joint Operation Cannot Be Allowed to Fail; Special Envoy Says Peace Talks Face Worsening Security in Darfur, Resurgent Instability in Chad, SC/9243, 8 February 2008, http://www.un.org/News/Press/docs/2008/sc9243.doc.htm

Regarding UNAMID’s deployment, members urged the Government of the Sudan to quickly conclude the status-of-forces agreement and allow the inclusion of needed non-African forces. Many also deplored that “impunity was taking root” in the Sudan. Evidence of that, the representative of Costa Rica asserted, were the non-arrests of individuals named by the International Criminal Court. [...]

SAUL WEISLEDER (Costa Rica) [...] He echoed the repeated appeals by the Secretary-General to the Sudan to complete all necessary agreements, including those with Member States to provide needed equipment. In regard to crimes against humanity, he stressed that it was crucial for the Government to cooperate with the International Criminal Court in bringing to justice major perpetrators. In all those areas, he stressed the need for the Council to apply constant and timely monitoring and pressure. [...]

JEAN-MAURICE RIPERT (France) [...] Darfur would not achieve sustainable stability without political progress, he said, calling on all parties to act in the interest of Darfur. Those who continued to perpetuate the violence should lay down their weapons immediately and sit down at the negotiating table. He reiterated support for bringing civil society into the discussion. The political process must also involve representatives of the victims of the violence, in particular the voice of the hundreds of thousands displaced. There must be an end to impunity, and the International Criminal Court must continue its activities. [...]

ALDO MANTOVANI (Italy) [...] It was vital that Chad and the Sudan resolved their differences through dialogue. Turning to impunity, he called on the Government of the Sudan to cooperate with the International Criminal Court. Recalling that the Council had underlined that it would take action against any party that impeded the peace process, and that there must be a price for the lack of cooperation, he wondered if there was anything the Council could do now. [...]

JOHN SAWERS (United Kingdom) [...] He said that the political process, in the long term, was the only reliable path to peace. Although there were some signs of movement in the positions of various rebel organizations, it was clear that a longer-term perspective was needed. Those outside the peace process should realize the cost to that. It was worrisome that the humanitarian situation continued to worsen and that attacks on aid workers continued to rise. He shared the concerns of others about the total lack of progress in holding to account those indicted by the International Criminal Court. The appointment of Musa Hilal was also a matter of concern. Addressing the situation in Chad, he urged all sides to stop fighting and all States -- Chad and the Sudan -- to end support to the groups that were fighting.

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(10) General Assembly, Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, the Bahamas, Bahrain, Bangladesh, Barbados, Botswana, Brunei Darussalam, the Central African Republic, China, the Comoros, the Democratic People’s Republic of Korea, Dominica, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Grenada, Guinea, Guyana, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Japan, Jordan, Kuwait, the Lao People’s Democratic Republic, the Libyan Arab Jamahiriya, Malaysia, Maldives, Mauritania, Mongolia, Myanmar, Nigeria, Oman, Pakistan, Papua New Guinea, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Singapore, Solomon Islands, Somalia, the Sudan, Suriname, Swaziland, the Syrian Arab Republic, Thailand, Tonga, Trinidad and Tobago, Uganda, the United Arab Emirates, Yemen and Zimbabwe addressed to the Secretary-General, Agenda item 70(b): Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/62/658, 2 February 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/658

The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons: [...]

(b) In his statement to the plenary of the Rome Diplomatic Conference of Plenipotentiaries on the Establishment of the International Criminal Court on 17 July 1998, the President of the Conference declared that the debate at the Conference on the issue of which penalties should be applied by the Court showed that there is no international consensus on the inclusion or non-inclusion of the death penalty, and further that not including the death penalty in the Rome Statute would not in any way have a legal bearing on national legislations and practices with regard to the death penalty, nor should it be considered as influencing, in the development of customary international law or in any other way, the legality of penalties imposed by national systems for serious crimes. Accordingly, the Rome Statute of the International Criminal Court, which is only applicable to States parties, maintains that nothing in part 7 of the Statute affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this part;

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(11) Security Council, Letter dated 18 January 2008 from the Permanent Representative of Italy to the United Nations addressed to the President of the Security Council, S/2008/67, 1 February 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/67

On 5 December, the Prosecutor of the International Criminal Court, Luis Moreno Ocampo, briefed the Council on his activities pursuant to resolution 1593(2005). The Prosecutor highlighted the non-cooperation by the Sudan in the execution of the arrest warrants against two individuals, Ahmad Muhammad Harun, former Minister of State for the Interior and currently Minister for Humanitarian Affairs, and Ali Muhammad Ali Abd-al-Rahman, a Janjaweed/militia leader, issued in April 2007. The Prosecutor appealed to the Council, requesting it to urge the Government of the Sudan to arrest the two individuals and ensure they were brought to account before the International Criminal Court. Members of the Council expressed support for the Court and the Prosecutor’s activity. In subsequent consultations of the whole, the Council considered a draft presidential statement introduced by Belgium, France, Italy, Slovakia and the United Kingdom. Although the consultations provided a useful exchange of views, no agreement was reached.

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(12) U.N. News Centre, Some 250,000 children worldwide recruited to fight in wars – UN official, 30 January 2008, http://www.un.org/apps/news/story.asp?NewsID=25450&Cr=children&Cr1=conflict

The Special Rapporteur welcomed legal precedents for ending impunity, including the issue of arrest warrants by the International Criminal Court (ICC) for five senior members of the Lord’s Resistance Army (LRA) operating in Uganda. The rebel group is notorious for recruiting and otherwise exploiting children.

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(13) U.N. News Centre, Child recruitment continues in over one dozen countries, reports Ban Ki-moon, 29 January 2008, http://www.un.org/apps/news/story.asp?NewsID=25440&Cr=child&Cr1=soldier

He (Secretary General Ban Ki-moon) also encourages the Council to refer violations against children in armed conflict to the International Criminal Court (ICC). In this regard, he points to “important precedents” set to end impunity for crimes against children. The Court has issued arrest warrants for five senior members of the Lord’s Resistance Army (LRA), including its leader, Joseph Kony, who faces charges including the forcible enlistment and use of children in hostilities.

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(14) General Assembly, Letter dated 17 December 2007 from the Permanent Representatives of Costa Rica and Malaysia to the United Nations addressed to the Secretary-General, Agenda item 98: General and Complete Disarmament, A/62/650, 18 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/650

We have the honour to submit the enclosed document, which is an updated version of the Model Nuclear Weapons convention submitted by Costa Rica in 1997 [...]

Welcoming also the Rome Statute of the International Criminal Court, in particular the recognition of individual responsibility for crimes involved in employing weapons which cause unnecessary suffering or which are inherently indiscriminate; [...]

VII. Rights and Obligations of Persons

A. Criminal Procedure

1. Any person accused of committing a crime under this Convention within the jurisdiction of a State Party of which such person is a citizen or resident shall be a. tried according to the legal process of such State if found within such State, or b. surrendered to the International Criminal Court if the crime alleged is within the jurisdiction of such Court and the State concerned is unable or unwilling to undertake adequate criminal procedures. [...]

2. If found within another State Party, such person shall be a. tried within such State, or b. extradited to the State within the jurisdiction of which the crime is alleged to have been committed, or c. surrendered to the International Criminal Court if the crime alleged is within the jurisdiction of such Court and the States concerned are unable or unwilling to undertake adequate criminal procedures.

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(15) General Assembly Third Committee, Agenda item 70: Promotion and Protection of Human Rights: (b) Human right questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, Summary record of the 52nd meeting on 21 November 2007, A/C.3/62/SR.52, 17 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/C.3/62/SR.52

Draft resolution A/C.3/62/L.34/Rev.1: Protection of and assistance to internally displaced persons [...]

MR. AGUSSI (Bolivarian Republic of Venezuela) said that although his delegation had joined the consensus on the draft resolution, it wished to draw attention to the ninth preambular paragraph, and its incomplete reference to the provisions of the Rome Statute of the International Criminal Court concerning the definition of the deportation or forcible transfer or displacement of the civilian population as a crime against humanity or war crimes. Indeed, ordering the internal displacement of civilians was not in itself a war crime in any context but only in certain circumstances. Since the wording of that paragraph was open to misinterpretation, it should be redrafted in a more comprehensive and inclusive manner to include all cases in which displacement or transfer of persons was a war crime. His delegation hoped that the Committee, when next considering the issue, would revise the text to reflect the entire spectrum of cases covered by the Rome Statute. Member States would surely wish to support his country’s proposal in the same spirit of reciprocity and flexibility in which his delegation had joined the present consensus.

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(16) General Assembly Third Committee, Agenda item 63: Advancement of Women, Agenda item 65: Report of the Human Rights Council, Agenda item 69: Right of Peoples to Self-determination, Summary record of the 47th meeting on 16 November 2007, A/C.3/62/SR.47, 16 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/C.3/62/SR.47

Agenda item 63: Advancement of women (continued) (A/C.3/62/L.16/Rev.2, A/C.3/62/L.17/Rev.1, A/C.3/62/L.18/Rev.1) Draft resolution A/C.3/62/L.16/Rev.2: “Eliminating rape and other forms of sexual violence in all their manifestations, including as instruments to achieve political objectives” [...]

Mr. Ritter (Liechtenstein) said that his delegation welcomed the adoption of the draft resolution and concurred with the delegations stressing the urgency of the matter. Liechtenstein had long been calling for recognition of the key role of the International Criminal Court in addressing the issue of rape used for political objectives, and regretted that no clear language on the Court in relation to impunity had been included. It had thus been unable to join the sponsors of the draft resolution. [...]

Ms. Cavalho (Portugal) speaking on behalf of the European Union, as well as Albania, Armenia, Bosnia and Herzegovina, Croatia, Iceland, Montenegro, The Former Yugoslav Republic of Macedonia, Turkey, Ukraine and Norway, which also aligned themselves with the statement, said that those delegations were pleased that consensus had been reached. The European Union was deeply concerned at the continued use of sexual violence against women and girls in situations of conflict and at recent reports from the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator of the appalling and unprecedented phenomenon of systematic rape and brutality against women. She stressed the key role of the International Criminal Court in ending impunity for such acts, including the crime of mass rape of civilians. More must be done in the areas of prevention, prosecution of those responsible and responding to the needs of survivors. She commended the General Assembly’s leadership role in taking that important initiative. [...]

Mr. Normandin (Canada), speaking also on behalf of New Zealand, said that those delegations attached great importance to the draft resolution as part of their commitment to the elimination of violence against women and girls. They wished to highlight the role of the International Criminal Court as well. Those delegations interpreted the draft resolution as falling within the broader international normative framework which included the Beijing Declaration and Platform for Action, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.

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(17) Security Council, Working Group on Children and Armed Conflict, Letter dated 14 January 2008 from the President of the Security Council to the Permanent Representative of the Democratic Republic of the Congo to the United Nations, S/AC.51/2008/2, 14 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/AC.51/2008/2

I (President of the Security Council, Giadella A. Ettalhi) also take note of the ongoing cooperation of the Government of the Democratic Republic of the Congo with the International Criminal Court in its independent investigations aimed at ensuring accountability for the perpetrators of war crimes against children in the Democratic Republic of the Congo.

I strongly urge the Government of the Democratic Republic of the Congo:

(a) To address the issue of impunity for perpetrators of violations and abuses committed against children, with the assistance of forces of the United Nations Organization Mission in the Democratic Republic of the Congo, and to act upon the arrest warrants for Laurent Nkunda, to confirm the charges against former Mai-Mai commander Kynugu Mutanga, known as Gédéon, and to rearrest Jean-Pierre Biyoyo, former commander of the armed group Mudundu 40; [...]

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(18) Security Council, Letter dated 11 January 2008 from the Chairman of the Security Council Committee established pursuant to Resolution 1533 (2004) concerning the Democratic Republic of the Congo addressed to the President of the Security Council , S/2008/17, 11 January 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/17

C. Summary of the Activities of the Committee [...]

25. On 22 October 2007, the Committee received a letter from the Permanent Mission of the Netherlands to the United Nations notifying the Committee that Germain Katanga (whose name is contained in the Committee’s list of individuals and entities) had been surrendered by the Government of the Democratic Republic of the Congo to the International Criminal Court, following an exchange of letters between the Committee and the Netherlands of 13 and 15 March 2006, respectively.

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(19) U.N. Press Release, Security Council, In 2007 Security Council Faced Daunting Range of Peace, Security Challenges, Including Africa, Middle East, Nuclear Proliferation, Terrorism, 4 January 2008, http://www.un.org/News/Press/docs/2008/sc9219.doc.htm



In addition, Luis Moreno-Ocampo, Prosecutor of the International Criminal Court, twice asked the Council –- on 7 June and 5 December -- to send a strong message to Sudan of the need to arrest the country’s Minister for Humanitarian Affairs and a Janjaweed militia commander, both of whom were charged with war crimes and crimes against humanity in Darfur. In the second meeting, Mr. Ocampo said Sudan was still not cooperating with the Court and that massive crimes continued, with rampant attacks on individuals for the purpose of destroying communities. “Calling those crimes chaos or sporadic violence or intertribal clashes is a cover-up,” he said. (Press Releases SC/9036 and SC/9186) [...]

As part of the effort to combat impunity for severe human rights violations, the Council met 10 times on various criminal tribunals, weighing in on a new judicial body for Lebanon and the unfinished business of the courts for Sierra Leone, the former Yugoslavia and Rwanda. The Council also heard pleas from the Head Prosecutor of the International Criminal Court, on 7 June and 5 December, on the pressing need to obtain Sudan’s cooperation in bringing to justice those responsible for massive war crimes in Darfur. (Press Releases SC/9036 and SC/9186)

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(20) General Assembly Third Committee, Agenda Items 62: Social development, Agenda Item 63: Advancement of women, Agenda Item 66: Promotion and protection of the rights of children, Agenda item 68: Elimination of racism and racial discrimination, Agenda item 70: Promotion and protection of human rights, Protection of Women, Development and Human Rights, Summary record of the 53rd meeting on 27 November 2007, A/C.3/62/SR.53, 2 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/C.3/62/SR.53

Draft resolution A/C.3/62/L.24/Rev.1: Promotion and protection of the rights of children [...]

HERMOSO A. BELARMINO (Philippines) said that his delegation had voted in favour of the draft resolution and would have liked to become a sponsor, but the references in the resolution to the International Criminal Court had prevented it from doing so. The Philippines was a signatory to the Rome Statute of the Court, but had not yet ratified it.

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(21) Security Council, Letter dated 31 December 2008 from the Charge D’Affairs a.i. of the Permanent Mission of the Congo to the United Nations addressed to the President of the Security Council, S/2007/783, 2 January 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2007/783

Report of the Ad Hoc Working Group on Conflict Prevention and Resolution in Africa seminar on an effective global conflict prevention strategy in Africa: the role of the Security Council [...]

20. Several participants spoke in favour of integrating human rights into conflict prevention, and welcomed the Council’s increasing and significantly evolving role in that regard. The practice of the Security Council establishing international tribunals to deal with grave breaches of human rights and international humanitarian law as well as its referral of cases to the International Criminal Court (ICC) was acknowledged as positive and applauded. [...]

Mr. Ngonlardje Mbaidjol, Director of the Office of the High Commission for Human Rights

Mr. Mbaidjol noted that lack of respect for human rights and human dignity remained the fundamental reason why the world peace is so precarious and prosperity unequally shared. He stressed that the practice of the Security Council was evolving significantly with regard to its establishment of international tribunals, as well as referrals of cases to the International criminal court (ICC). In addition, he noted that the concept of security was also evolving as the Council had sought in recent years to integrate human rights into its efforts for conflict prevention, peacemaking, peacekeeping and peace-building. These actions demonstrated that through practice, the Council’s work was assuming significant human rights dimension within the framework of its responsibilities for the maintenance of international peace and security.