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UN Excerpts: ICC references, 1 May - 30 June 2008

22 July 2008

Dear All,

In addition to excerpts previously distributed from UN meetings, reports and resolutions, including the Security Council open debate on the Protection of Civilians and ICC Prosecutor’s briefing on his Darfur investigation to the Security Council, please find below additional references to the International Criminal Court and its situations publicly available from 1 May to 30 June 2008:

(1) MONUC, There is more work to be done in the fight against impunity, 27 June 2008, http://www.monuc.org/News.aspx?newsID=17675

(2) MONUC, ICC prosecutors detail grim DRCongo war crimes accusations, 27 June 2008, http://www.monuc.org/news.aspx?newsID=17677

(3) Security Council, Letter Dated 23 June 2008 from the Secretary-General to the President of the Security Council (S/2008/414), 24 June 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=s/2008/414

(4) UN News Centre, Ugandan rebel group allegedly still recruiting children – UN report, 25 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27152&Cr=uganda&Cr1(4)Press

(5) Conference by United Nations, African Union Special Envoy for Darfur, 24 June 2008, http://www.un.org/News/briefings/docs/2008/080624_Darfur.doc.htm

(6) Security Council, Reports of the Secretary-General on the Sudan, 5922nd meeting (S/PV.5922), 24 June 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.5922

(7) Security Council, Briefing by the Security Council mission to Africa (31 May to 10 June 2008), 5915th meeting (S/PV.5915), 18 June 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.5915

(8) Sudan Mist Live Up to Commitment to Remove Obstacles Hindering Full Deployment of African Union-United Nations Darfur Mission, Security Council Told. Council Members Brief on Recent Week-Long Mission to Africa to Assess Progress in Sudan, Somalia, Chad, Democratic Republic of Congo, Côte d’Ivoire, 18 June 2008, http://www.un.org/News/Press/docs/2008/sc9363.doc.htm

(9) UN News Centre, Security Council Urged to Support Sudan’s “Fragile” North-South Peace Agreement, 18 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27075&Cr=security council&Cr1=delegation

(10) MONUC, Monthly Human Rights Assessment: April 2008, 17 June 2008,
http://www.monuc.org/News.aspx?newsID=17608

(11) Security Council, Report of the Secretary-General on the Deployment of the African Union-United Nations Hybrid Operation in Darfur (S/2008/400), 17 June 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=s/2008/400

(12) UN News Centre, Security Council Presses Sudan in Cooperating to End Impunity, 16 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27040&Cr=darfur&Cr1=

(13) Security Council Urges Sudan’s Government to Fully Cooperate with International Criminal Court ‘to Put an End to Impunity for the Crimes Committed in Darfur,’16 June 2008, http://www.un.org/News/Press/docs//2008/sc9359.doc.htm

(14) UN News Centre, ICC Suspends Case against Congolese Rebel Militia Chief, 16 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27042&Cr=international

(15) Daily Press Briefing by the Office of the Spokesperson of the Secretary General, 16 June 2008, http://www.un.org/News/briefings/docs//2008/db080616.doc.htm

(16) Daily Press Briefing by the Office of the Spokesperson for the Secretary General, 9 June 2008, http://www.un.org/News/briefings/docs//2008/db080609.doc.htm

(17) UN News Centre, Security Council team and Sudanese President hold talks in Khartoum, 6 June 2008, http://www.un.org/apps/news/story.asp?NewsID=26935&Cr=darfur&Cr1=

(18) Definition for the “Crime of Aggression” Closer as States Parties to Rome Statute Conclude Resumed Sixth Session, 6 June 2008, http://www.un.org/News/Press/docs//2008/L3129.doc.htm

(19) Press Conference by Chief Prosecutor of International Criminal Court on Darfur, 5 June, 2008, http://www.un.org/News/briefings/docs//2008/080605_ICC.doc.htm

(20) International Criminal Court Prosecutor Tells Security Council Entire Darfur Region “Crime Scene”, 5 June 2008, http://www.un.org/News/Press/docs//2008/sc9349.doc.htm

(21) UN News Centre, Ban urges Sudan to cooperate with prosecutors probing Darfur war crimes, 5 June 2008, http://www.un.org/apps/news/story.asp?NewsID=26921&Cr=darfur&Cr1=

(22) Daily Press Briefing by the Offices of the Spokesperson for the Secretary General, 4 June 2008, http://www.un.org/News/briefings/docs/2008/db080604.doc.htm

(23)Security Council, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January and 31 December 1994, 5904th meeting, June 4 2008,S/pv.9504
http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.9504

(24) UNHCHR Press Release, Human Rights Council holds interactive dialogue on right to education, extreme poverty, and transnational corporations, 3 June 2008, http://www.unhchr.ch/huricane/huricane.nsf/view01/09096F999AAFD5F5C125745E0044204F?opendocument


(25) UN News Centre, Former DR Congo Vice President arrested by International Criminal Court, 27 May 2008, http://www.un.org/apps/news/story.asp?NewsID=26806&Cr=bemba&Cr1=icc

(26) Security Council, Meeting on Post-Conflict Peacebuilding, 5895th Meeting (S/PV.5895 and Resumption 1), 20 May 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.5895

(27) UN News Centre, International Criminal Court calls for arrest of Congolese militia leader, 29 April 2008,
http://www.un.org/apps/news/story.asp?NewsID=26509

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(1) MONUC, There is more work to be done in the fight against impunity, 27 June 2008, http://www.monuc.org/News.aspx?newsID=17675

There is no distinction because since the coming into effect of the Statute of the International Criminal Court and since the Security Council resolutions, sexual violence is considered as torture. Thus we regard sexual violence victims in the same way as torture victims.

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(2) MONUC, ICC prosecutors detail grim DRCongo war crimes accusations, 27 June 2008, http://www.monuc.org/news.aspx?newsID=17677

War crimes prosecutors detailed Friday a grim case of mass murder and sexual enslavement against two Congolese militia leaders accused of seeking to wipe out an entire village in 2003. Germain Katanga and Mathieu Ngudjolo Chui "deliberately planned, orchestrated and ordered their respective troops to execute their plan to attack, wipe out or erase the village of Bogoro," deputy prosecutor Fatou Bensouda told the International Criminal Court in The Hague.

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(3) Security Council, Letter Dated 23 June 2008 from the Secretary-General to the President of the Security Council (S/2008/414), 24 June 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=s/2008/414

Challenges – Representation for the LRA

6. Like any other process, the Juba talks have endured challenging phases. From the outset, with ICC arrest warrants hanging over their heads, the leaders of the LRA refused to travel to Juba. They had to rely on representatives to negotiate on their behalf, and retained communications through visits and via telephone.

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(4) UN News Centre, Ugandan rebel group allegedly still recruiting children – UN report, 25 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27152&Cr=uganda&Cr1
Last July the Security Council Working Group on Children and Armed Conflict called on the LRA to unconditionally release children used in their ranks, and underlined the absence of any concrete signs in this regard. The Group also noted the International Criminal Court indictments against five senior members of the LRA – the leader Joseph Kony, and the commanders Vincent Otti, Okot Odhiambo, Dominic Ongwen and Raska Lukwiya – on a number of charges, including the enlistment of children through abduction.

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(5) Press Conference by United Nations, African Union Special Envoy for Darfur, 24 June 2008, http://www.un.org/News/briefings/docs/2008/080624_Darfur.doc.htm

Commenting on the International Criminal Court, both Envoys expressed respect for that separate track of the United Nations, stressing that impunity should never be allowed to prevail and that accountability was crucial. Mr. Salim hoped that the consequences of Prosecutor Luis Moreno-Ocampo’s actions would not influence the process negatively. He had also hoped that the Governments would have cooperated more constructively with the Court. Mr. Eliasson added that, although impunity should not be allowed to prevail, timing was also important.

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(6) Security Council, Reports of the Secretary-General on the Sudan, 5922nd meeting (S/PV.5922), 24 June 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.5922

Mr. Sawers (United Kingdom):
Lastly, one factor that Mr. Eliasson did not mention is the question of impunity. After we were in Darfur, the Security Council went to the Democratic Republic of the Congo, which knows about the problem of impunity. President Kabila said that one cannot put justice aside and hope for a durable peace. That applies as much in Darfur as it does in the Congo and elsewhere in Africa.

Mr. Ripert (France):
Combating impunity also continues to be an essential task. How can we persuade the population of Darfur to adhere to their genuine desire to make peace when a person wanted by the International Criminal Court for war crimes and crimes against humanity continues to serve in the Government and is in charge of humanitarian affairs? The people of Darfur have the right to justice. Those responsible for the gross violations committed in Darfur must be held accountable. The response of the President of the Sudan to the Security Council mission’s request in that regard has been inadequate. In that connection, I should like to reiterate that the European Union has stated its readiness to consider additional measures against those who continue to refuse to cooperate with the International Criminal Court.

Mr. Grauls (Belgium):
I would not want to conclude without once again stressing a major priority of my delegation: the fight against impunity in Darfur. The Sudan has a dual obligation in this respect — to cooperate with the International Criminal Court (ICC) in accordance with resolution 1593 (2005) and to work to implement the sanctions imposed by the Security Council. Last week, the Council adopted a presidential statement (S/PRST/2008/21) reminding the Sudan of its obligation to cooperate with the International Criminal Court, including with respect to the arrest warrants with regard to two individuals, one of whom is now a Minister in the Government of the Sudan. It is essential that the Security Council persevere in this approach and that, whenever necessary, it remind the Sudan of its obligations under that resolution.

Mr. Vilović (Croatia):
Finally, allow me to stress a point that has been raised already. It has been said that there are no confidence-building measures on the ground, that there is an obvious lack of them. In our opinion, one of the key elements in such confidence-building measures is the issue of impunity, an issue that was stressed during our visit. We saw that bringing those responsible for crimes to justice would contribute greatly to public support for confidence-building measures. In our talks on the subject with officials in Khartoum, we stressed our conviction that all sides must cooperate fully with the International Criminal Court and implement the relevant Security Council resolutions.

Mr. Urbina (Costa Rica):
It is worth recalling that the United Nations will spend $2.3 to $2.4 billion in the Sudan this year. As the representative of a country that does not have strategic interests in the region, I genuinely feel that this is a Government with deep distrust of the actions of the United Nations. It is a Government that ignores the resolutions adopted by the Security Council under the provisions of Chapter VII of the Charter. It is a Government that does not make any link between peace and justice. It is a Government that, with a certain degree of insolence, continues to keep Mr. Ahmad Harun as its Minister for Humanitarian Affairs and has not brought to justice Mr. Ali Kushayb, a well-known member of the Janjaweed who is also the subject of an arrest warrant issued by the International Criminal Court. One therefore legitimately wonders about the meaning of such action.

Mr. Arias (Panama):
With regard to the decision of the Council to refer the situation in Darfur to the International Criminal Court, the Court has carried out the task given to it. Nevertheless, the Council has not provided the support that decision merits. In that connection, I cannot fail to refer to the words of President Kabila as cited here by Ambassador Sawers: “... one cannot put justice aside and hope for a durable peace ...”.

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(7) Security Council, Briefing by the Security Council mission to Africa (31 May to 10 June 2008), 5915th meeting (S/PV.5915), 18 June 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=

Mr. John Sawers (United Kingdom):
The final track is tackling impunity. Council members stressed their expectation that the Government of Sudan would cooperate with the International Criminal Court (ICC) in line with resolution 1593 (2005), including through the arrest and handover of the two indictees. Regrettably, President Al-Bashir told the Council that Sudan would not cooperate with the ICC. The Council has since reaffirmed, through its statement earlier this week (S/PRST/2008/21), the importance of Sudan reconsidering its whole approach to the ICC and establishing a pattern of cooperation, which hitherto has been completely absent.

Mr. Ripert (France):
With respect to the humanitarian situation, the authorities of the Democratic Republic of the Congo told us that they completely understood the gravity of the situation. President Kabila also assured the Council of his determination to fight impunity; he mentioned the exemplary collaboration of the Democratic Republic of the Congo with the International Criminal Court. The Council welcomed his assurances on this point.

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(8) Sudan Mist Live Up to Commitment to Remove Obstacles Hindering Full Deployment of African Union-United Nations Darfur Mission, Security Council Told. Council Members Brief on Recent Week-Long Mission to Africa to Assess Progress in Sudan, Somalia, Chad, Democratic Republic of Congo, Côte d’Ivoire, 18 June 2008, http://www.un.org/News/Press/docs/2008/sc9363.doc.htm

[B]oth diplomats expressed concern that, despite President Omer Al-Bashir’s promises, much remained to be done before there was solid progress on all four tracks of the United Nations engagement in the Sudan: peacekeeping; political; humanitarian; and addressing impunity for war crimes committed in Darfur, now under investigation by the International Criminal Court.

Further, it was essential to tackle impunity. The Council had stressed that the Government of the Sudan must cooperate with the International Criminal Court, as called for by resolution 1593 (2005), including by executing the outstanding arrest warrants for a Sudanese minister and an alleged militia leader suspected of war crimes in the Darfur region. However, President Bashir stood by his position that he would not cooperate with The Hague-based Court.

Mr. Ripert said that the Council members also touched on the... [DRC’]s continued cooperation with the United Nations, as well as on sexual violence and issues related to war crimes investigations by the International Criminal Court. He said that the delegation was concerned by reports of ongoing sexual violence against women, and had come away with the perception that impunity for such crimes was the rule in and around the camps [...] Encouragingly, the Government shared those concerns and President Kabila vowed to fight against impunity and pledged to continue cooperating with the International Criminal Court. He had also taken note of several of the Council’s other serious concerns, including the need to strengthen the country’s democratic institutions, reform its justice sector, and to press ahead with the holding of local elections and decentralization efforts.

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(9) UN News Centre, Security Council Urged to Support Sudan’s “Fragile” North-South Peace Agreement, 18 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27075&Cr=security council&Cr1=delegation

The head of the Security Council’s recent mission to Sudan today urged the 15-member body to press the parties to the 2005 peace accord which ended the country’s long-running north-south civil war to fulfil their commitments, stressing that the landmark deal is vital to ensuring stability throughout the vast African nation. [. . .] While in the DRC, the Council touched on the country’s continued cooperation with the UN, as well as on sexual violence and issues related to war crimes investigations by the International Criminal Court, Mr. Ripert reported.

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(10) MONUC, Monthly Human Rights Assessment: April 2008, 17 June 2008, http://www.monuc.org/News.aspx?newsID=17608

Human Rights Developments and Concerns

6. On 28 April 2008, the International Criminal Court (ICC) made public an arrest warrant that it had issued on 22 August 2006 against former Ituri warlord Bosco Ntaganda. Mr. Ntaganda is charged with the enlistment, conscription and active use of children in hostilities in Ituri between July 2002 and December 2003 while he was chief of military operations for the Hema militia group, Union des Patriotes Congolais (UPC). Since 2006, he has been the Chief of Staff for Laurent Nkunda’s Congrès National pour la Défense du Peuple Congolais (CNDP) in North Kivu. Ntaganda is the fourth Congolese militia leader against whom the ICC has issued an arrest warrant for war crimes perpetrated in Ituri.

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(11) Security Council, Report of the Secretary-General on the deployment of the African Union-United Nations Hybrid Operation in Darfur (S/2008/400), 17 June 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=s/2008/400

IX. Observations
50. Finally, I am deeply concerned about the reported lack of cooperation of the Government with the Prosecutor of the International Criminal Court, as reported to the Security Council on 5 June 2008. I urge the Government to comply with its international obligations and to cooperate with the Court, as I am convinced that there can be no sustainable peace without justice. Impunity for the serious crimes committed in Darfur cannot be accepted.

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(12) UN News Centre, Security Council Presses Sudan in Cooperating to End Impunity, 16 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27040&Cr=darfur&Cr1=

The Security Council today urged the Sudanese Government and all other parties to the conflict in Darfur to cooperate fully with the International Criminal Court (ICC) to ensure that those responsible for crimes committed in the war-wracked region are held to account. In a statement read out by Ambassador Zalmay Khalilzad of the United States, which holds the rotating presidency of the Council for this month, the 15-member body also took note of the efforts made by the Court’s Prosecutor to bring to justice the perpetrators of war crimes and crimes against humanity in Darfur.

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(13) Security Council Urges Sudan’s Government to Fully Cooperate with International Criminal Court ‘to put an end to impunity for the crimes committed in Darfur,’16 June 2008, http://www.un.org/News/Press/docs//2008/sc9359.doc.htm
The presidential statement, to be issued as document S/PRST/2008/21, reads as follows:

“The Security Council takes note of the seventh briefing of the Prosecutor of the International Criminal Court pursuant to resolution 1593 (2005) on 5 June 2008. The Security Council recalls its decision, under Chapter VII of the United Nations Charter, in resolution 1593 (2005) that the Government of Sudan and all other parties to the conflict in Darfur shall cooperate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor pursuant to that resolution, while stressing the principle of complementarity of the International Criminal Court. The Security Council takes note of the efforts made by the Prosecutor of the International Criminal Court to bring to justice the perpetrators of war crimes and crimes against humanity in Darfur and in particular notes the follow-up by the International Criminal Court with the Government of Sudan, including the transmittal by the Registry of the International Criminal Court to the Government of Sudan on 16 June 2007 of arrest warrants and the opening by the Prosecutor of other investigations on crimes committed by various parties in Darfur. In this respect, the Council urges the Government of Sudan and all other parties to the conflict in Darfur to cooperate fully with the Court, consistent with resolution 1593 (2005), in order to put an end to impunity for the crimes committed in Darfur.”

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(14) UN News Centre, ICC Suspends Case against Congolese Rebel Militia Chief, 16 June 2008, http://www.un.org/apps/news/story.asp?NewsID=27042&Cr=international

The International Criminal Court has suspended proceedings against the Congolese rebel militia leader Thomas Lubanga Dyilo, accused of recruiting child soldiers, after finding that prosecutors had failed to disclose more than 200 documents to the defence that have the potential to prove Mr. Lubanga’s innocence. The ICC trial chamber imposed the stay on the case on Friday and announced that the trial process will remain halted unless the stay is lifted. A hearing will now be held on 24 June to consider whether Mr. Lubanga should be released from custody.

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(15) Daily Press Briefing by the Office of the Spokesperson of the Secretary General, 16 June 2008, http://www.un.org/News/briefings/docs//2008/db080616.doc.htm

International Criminal Court

The International Criminal Court’s trial chamber with jurisdiction over the case of Congolese rebel commander Thomas Lubanga Dyilo has suspended proceedings against the accused. The Judges said in a statement that “unless this stay is lifted the trial process in all respects will remain at a halt”. A hearing is now planned for 24 June to consider Lubanga’s release. The judges say that the Prosecutor failed to disclose to the defence more than 200 confidential documents that could have proven Lubanga’s innocence, in an apparent violation of the fundamental right of the accused to a fair trial. Thomas Lubanga, the leader of Union of Congolese Patriots, was arrested and delivered to the Court in March 2006 on an ICC arrest warrant. War charges against him were confirmed in January 2007 for recruiting of children under the age of 15 and deploying them in active hostilities in Ituri province.

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(16) Daily Press Briefing by the Office of the Spokesperson for the Secretary General, 9 June 2008, http://www.un.org/News/briefings/docs//2008/db080609.doc.htm

Security Council Mission to Africa:

Before Côte d’Ivoire, the delegation was in the Democratic Republic of the Congo, where it met on Saturday with President Joseph Kabila in Kinshasa. They discussed the reform of the security and judicial sectors, the disarmament and national reconciliation processes, and the implementation of the Goma agreement between the Government and various armed groups. They also touched on continued UN-DRC cooperation, sexual violence and issues related to war crimes investigations by the International Criminal Court.

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(17) UN News Centre, Security Council team and Sudanese President hold talks in Khartoum, 6 June 2008, http://www.un.org/apps/news/story.asp?NewsID=26935&Cr=darfur&Cr1=

A visiting Security Council delegation and Sudanese President Omar al Bashir discussed the country’s north-south peace process, the situations in Abyei and Darfur, as well as the African nation’s non-cooperation with the International Criminal Court (ICC), during a meeting in the capital, Khartoum. Council members said they regretted that the President continues to reject any possibility of Sudan cooperating with the International Criminal Court, contrary to its obligations under Security Council resolution 1593, which also Sudan to arrest and surrender those indicted by the Court.

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(18) Definition for the “Crime of Aggression” Closer as States Parties to Rome Statute Conclude Resumed Sixth Session, 6 June 2008, http://www.un.org/News/Press/docs//2008/L3129.doc.htm

The Assembly of States Parties to the Rome Statute of the International Criminal Court inched closer to a definition of the crime of aggression and the conditions for the exercise of the Court’s jurisdiction as the Assembly’s resumed sixth session closed today. The continuing discussions of the Special Working Group on the Crime of Aggression constituted the bulk of the work carried out throughout the resumed session, and Christian Wenaweser (Liechtenstein), its Chairman, said that the Special Working Group had still made solid progress, particularly on technical issues.

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(19) Press Conference by Chief Prosecutor of International Criminal Court on Darfur, 5 June 2008, http://www.un.org/News/briefings/docs//2008/080605_ICC.doc.htm

There was now evidence linking the Sudanese Government to attacks on civilians in Darfur, Luis Moreno-Ocampo, Chief Prosecutor for the International Criminal Court, said at a Headquarters press conference today. Announcing plans to seek new indictments next month that could include charges against senior Khartoum officials, he said: “I will present my second case in July that the entire State apparatus [in Sudan] is being used to attack and eliminate whole communities in Darfur.”

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(20) International Criminal Court Prosecutor Tells Security Council Entire Darfur Region “Crime Scene”, 5 June 2008, http://www.un.org/News/Press/docs//2008/sc9349.doc.htm

Introducing his seventh report since the Council, through adoption of resolution 1593 (2005), had referred Darfur to the International Criminal Court in The Hague, Netherlands, Luis Moreno-Ocampo said he had collected compelling evidence that would identify those most responsible for crimes against civilians in Darfur and that he had found no trace of Sudanese judicial proceedings regarding the matter during the last three years.

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(21) UN News Centre, Ban urges Sudan to cooperate with prosecutors probing Darfur war crimes, 5 June 2008, http://www.un.org/apps/news/story.asp?NewsID=26921&Cr=darfur&Cr1=

Secretary-General Ban Ki-moon today urged Sudan to cooperate with the International Criminal Court (ICC) to ensure justice for the victims of crimes committed in the war-torn Darfur region after the Court’s Prosecutor reported that the country is “deliberately” attacking civilians. In a statement issued by his spokesperson, Mr. Ban said he was “deeply concerned about the reported lack of cooperation” of the Sudanese Government with prosecutors at the ICC.

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(22) Daily Press Briefing by the Offices of the Spokesperson for the Secretary General, 4 June 2008, http://www.un.org/News/briefings/docs/2008/db080604.doc.htm

On Darfur, the Council mission welcomed signs of improved cooperation between the United Nations and the Sudan. The Council also emphasized the importance of pressing ahead with the Darfur peace process. The Council delegation added that it had received an unsatisfactory response from the Sudan on the issue of cooperation with the International Criminal Court, and it stressed the need for the Sudan to respect Security Council resolutions on this issue.

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(23) Security Council, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January and 31 December 1994, 5904th meeting, June 4 2008,S/pv.9504
http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.9504

Mr. Weisleder (Costa Rica):
Costa Rica would like to conclude by recalling that in July the International Criminal Court will be celebrating the tenth anniversary of the Rome Statute, which established it. For that reason, my delegation would once again like to call for efforts to strengthen our shared sense of justice, and we urge States to ratify the Rome Statute and join the 106 States that have already done so. Through the universal ratification of the Statute and acceptance of complementary jurisdiction, we will continue to ensure that individual perpetrators of genocide, crimes against humanity and war crimes will never again enjoy impunity.

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(24) UNHCHR Press Release, Human Rights Council holds interactive dialogue on right to education, extreme poverty, and transnational corporations, 3 June 2008, http://www.unhchr.ch/huricane/huricane.nsf/view01/09096F999AAFD5F5C125745E0044204F?opendocument


Mr. Leandro Despouy- the UN Special Rapporteur on the independence of judges and lawyers- in his concluding remarks, said that in the case of Democratic Republic of the Congo, he was grateful for the government's cooperation and information he had received on follow-up to recommendations that he had received. The creation of the Supreme Council of the Judiciary had been a key to many reforms within the judiciary, as was the establishment and implementation of the Rome Statute (of the International Criminal Court) in a country that had witnessed some many crimes against humanity, and the ranking civil justice above military justice. He also noted the constant concern shown on the matter of crimes against women and the use of rape as a weapon of war. Justice was the cornerstone for the rule of law and was the front door to the defence of human rights.

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(25) UN News Centre, Former DR Congo Vice President arrested by International Criminal Court, 27 May 2008, http://www.un.org/apps/news/story.asp?NewsID=26806&Cr=bemba&Cr1=icc

Jean-Pierre Bemba Gombo, a former Vice-President of the Democratic Republic of the Congo (DRC), has been arrested by Belgian authorities on a sealed warrant of the International Criminal Court (ICC) on charges of crimes against humanity and war crimes committed in the Central African Republic (CAR). The Court’s pre-trial chamber has found that there are reasonable grounds to believe that the MLC forces, led by Mr. Bemba, carried out a widespread or systematic attack against a civilian population during which rape, torture, outrages upon personal dignity and pillaging were committed.

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(26) Security Council, Meeting on Post-Conflict Peacebuilding, 5895th Meeting (S/PV.5895 and Resumption 1), 20 May 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=s/pv.5895

Mrs. Yade (France):
Secondly, we must also step up our actions in certain essential aspects of stabilization. Among the major issues — promoting the rule of law, setting up an effective and independent justice system and developing good governance — security sector reform is an indispensable, often crucial stage. United Nations endeavours in this field must be encouraged. The Security Council did so on 12 May (see S/PV.5889 and S/PV.5890). I wish to renew France’s support for the Secretary-General’s work in defining the Organization’s approach to security sector reform.

I also wish to underscore the importance of combating impunity, which is the main condition for a genuine reconciliation, without which no lasting peace or development is possible. France was a sponsor of resolution 1593 (2005), which referred the situation in Darfur to the International Criminal Court. It was also a French expert who elaborated the main United Nations guidelines for the fight against impunity.

Therefore it is natural for us to support the national processes begun in Burundi, Mauritania and Togo in that sense. We will continue to resolutely support the action of international criminal justice — especially the International Criminal Court, whose rulings must be carried out.

Mr. Verhagen (Netherlands):
Peace is about living in a country with people of different beliefs, races and convictions, where human rights are respected and where one is governed by legitimate leaders who know that their legitimacy rests on the quality and fairness of their decisions. Peace requires the rule of law domestically, and if it fails domestically, then it must come through international institutions such as the International Criminal Court and the special tribunals set up by this Council.

Ms. Štiglic (Slovenia, on behalf of the European Union):
The European Union firmly believes that adherence to the rule of law is critical to conflict prevention, stabilization of fragile and conflict-affected environments and sustainable long-term development. Peace and justice are not conflicting goals. The European Union strongly supports the International Criminal Court and its activities and remains convinced that there can be no sustainable peace without justice.

Mr. Wenaweser (Liechtenstein):
In addition, increased attention must be given to transitional justice needs, if and where they exist. The international community has accumulated extensive experience and expertise on that issue in recent years and has developed various models and modalities to satisfy transitional justice needs. The International Criminal Court can play a particular role in that regard, and we hope that it will be given the required political support, including by the Security Council. In particular, the Council has to recognize that the principles of peace and justice are complementary, mutually reinforcing and, in combination, form an indispensable ingredient of post-conflict peacebuilding.

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(27) UN News Centre, International Criminal Court calls for arrest of Congolese militia leader, 29 April 2008, http://www.un.org/apps/news/story.asp?NewsID=26509

The ICC’s pre-trial chamber yesterday published an arrest warrant for Bosco Ntaganda, currently alleged to be chief of staff of the militia known as the National Congress for the Defence of the People (CNDP), which has been active in Ituri and other parts of eastern DRC. The warrant was first issued in August 2006, but remained secret until prosecutors this week asked the pre-trial chamber to unseal it.