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UN Excerpts: ICC references, 1 September - 31 October 2008

05 Nov 2008

Dear All,

In addition to excerpts previously distributed from UN meetings, reports and resolutions, please find below additional references to the International Criminal Court and its situations publicly available from 1 September to 31 October 2008. The following excerpts include reports of the Secretary-General and his Special Representatives, which while issued in July and August, were not released until September.

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(1) UN Press Release, Procedural constraints on work of International Court of Justice described to Assembly's Legal Committee by President of Court, 31 October 2008, http://www.un.org/News/Press/docs//2008/gal3355.doc.htm

WILLIAM ROELANTS DE STAPPERS (Belgium), commenting on the issue of reservations to treaties, said an example of an interpretative declaration that could not be qualified as a reservation was one formulated by Belgium when the Rome Statute of the International Criminal Court was ratified.[...]

CHRISTOPH RETZLAFF (Germany) [...] It should also be noted that the Rome Statute of the International Criminal Court deliberately left unanswered the question of whether third States shared the obligation to prosecute the most serious crimes of concern to the international community. [...]

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(2) UN Press Release, Presidents of the International Court of Justice, International Criminal Court present annual reports to the General Assembly, 30 October 2008, http://www.un.org/News/Press/docs//2008/ga10774.doc.htm

In his remarks, Mr. Kirsch said [...] the creation of the International Criminal Court reflected States' resolve to fundamentally shift international relations from a "culture of impunity" to one based on respect for justice. [...]

Responding to Mr. Kirsch's presentation, the representative of the Sudan was exasperated at the International Criminal Court's issuance of an arrest warrant for the Sudanese President, an action which amounted to "political intrigue" [...]

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(3) UN News Centre, International Criminal Court at 'critical' stage, its President tells Assembly, 30 October 2008, http://www.un.org/apps/news/story.asp?NewsID=28778&Cr=icc&Cr1=icj

The International Criminal Court (ICC) is at a "critical" juncture, with its success hinging on such factors as guaranteeing its judicial independence and universal ratification, the Court's President said in New York today. [...]

Mr. Kirsch also called for the cooperation of States, international organizations and civil society in executing arrest warrants, protecting witnesses and enforcing sentences. [...]

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(4) UN Press Release, Human Rights Council's Universal Periodic Review mechanism could change Third Committee's role in dealing with specific countries say speakers, 29 October 2008, http://www.un.org/News/Press/docs//2008/gashc3930.doc.htm

ORGE ARGŰELLO (Argentina) [...] The International Criminal Court was an essential tool in the fight against impunity, and its integrity should be respected at all times. [...]

MINAS A. HADJIMICHAEL (Cyprus) [...] Turkey had also systematically and deliberately brought a large number of Turkish settlers into the region [...] That transfer of persons was a grave violation of the Geneva Conventions and was a war crime, as stipulated in the Statute of the International Criminal Court. [...]

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(5) UN Press Release, Legal Committee reviews issue of rationale for treaty reservations, with concern to avoid discouraging adherence, 29 October 2008, http://www.un.org/News/Press/docs//2008/gal3353.doc.htm

LUIS SERRADAS TAVARES (Portugal) [...] a cautious approach was advisable to binding a definition of "crime of aggression" to the draft articles, as it was in article 15, since it was already being addressed by a body of the International Criminal Court.

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(6) UN Press Release, Daily Press Briefing by the Offices of the Spokesperson for the Secretary-General and the Spokesperson for the General Assembly President, 28 October 2008, http://www.un.org/News/briefings/docs/2008/db081028.doc.htm

Sudan: The Secretary-General's report to the Security Council on Sudan is out as a document. [...] the Secretary-General urges the Government of the Sudan to cooperate with the Sudan Criminal Court, and put in place an effective judicial and political process at the national level. The report is expected to be discussed by the Security Council next month. [...]

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(7) UN Press Release, Speakers warn against politicization of human rights issues on United Nations agenda, as Third Committee continues wide-ranging debate, 28 October 2008, http://www.un.org/News/Press/docs/2008/gashc3929.doc.htm

PHILIPPE DELACROIX (France) [...] The principle of cooperation with the International Criminal Court was non-negotiable and the Government of Sudan should implement the decisions made by the judges of that Court immediately. [...] He welcomed the cooperation shown by the Government of the Democratic Republic of the Congo to the International Criminal Court, [...]

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(8) UN Press Release, Punishment of attacks on diplomatic, consular missions essential but preventive measures real answer, Legal Committee told, 24 October 2008, http://www.un.org/News/Press/docs/2008/gal3350.doc.htm

CLAUDIA BLUM (Colombia) [...] Colombia had also ratified the statute on the International Criminal Court;[...]

ROBERT YOUNG (International Committee of the Red Cross) [...] The entry into operation of the International Criminal Court was another remarkable achievement. [...]

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(9) UN Press Release, Third Committee hears presentations from five Human Rights Council Rapporteurs, as wide-ranging two-week human rights debate continues, 24 October 2008, http://www.un.org/News/Press/docs//2008/gashc3927.doc.htm

LEANDRO DESPOUY, Special Rapporteur, [...] He addressed the International Criminal Court situations in the Democratic Republic of the Congo, Uganda and Sudan. In regards to the situation in Darfur, he said it was necessary to put an end to impunity in the region, referring specifically to the outstanding arrest warrant for Ahmed Harun. [...]

The representative of Sudan [...] Sudan was not a party to the Rome Statute, by which the International Criminal Court was established. [...] Later, the representative of the Netherlands asked the Rapporteur to elaborate on cases taken up by the International Criminal Court, which he described as an international mechanism to combat impunity. [...]

With respect to the comments made by the representative of Sudan, [the Rapporteur] said that his predecessor had also addressed the International Criminal Court in his report and he would continue that tradition and devote attention to the work of the Court. That Court was an instrument in the fight against impunity when countries could not or would not judge crimes against humanity themselves. [...]

In regards to the question on the International Criminal Court, [the Rapporteur] said if international action against extrajudicial killings was to be meaningful and effective, it must include the elimination of impunity. [...]

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(10) UN Press Release, Daily press briefing by the office of the spokesperson for the Secretary-General, 22 October 2008,
http://www.un.org/News/briefings/docs//2008/db081022.doc.htm

Question: [...] How worried are you about the perception that your offices and agencies around the world acting as information offices for ICC because of such an agreement between the UN and ICC?

Spokesperson: [...] We don't have any intelligence set-up as you know. United Nations Peacekeeping Operations do not conduct investigations for ICC or gather intelligence. That one should be clear. On the other hand, the specific reporting for ICC, they are mandated to provide detailed and comprehensive reports to the Security Council regarding the situation in the Mission area. Existing reports generated by the Mission during the regular conduct of the Security Council-mandated duties may, at a later date, be provided to ICC at the Court's request. [...] And in regard to the situation in Darfur, United Nations Security Council resolution 15/93 urges all States, regional and intergovernmental organizations to cooperate fully with ICC. [...]

Question: So you are confirming that Mr. Guéhenno [inaudible] provided information to ICC ...

Spokesperson: That was general information, as I said, concerning the General Assembly resolution and the Security Council resolution. There was no specific information that was given to ICC. [...]

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(11) UN News Centre, Ugandan rebels kill six civilians in DR Congo, UN mission reports, 22 October 2008, http://www.un.org/apps/news/story.asp?NewsID=28677&Cr=drc&Cr1

The LRA is already notorious for its use of child soldiers during its conflict with the Ugandan Government since the mid-1980s, and several of its most senior figures have been indicted by the International Criminal Court (ICC) for alleged war crimes. [...]



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(12) UN Press Release, Security Council, in presidential statement, urges ceasefire among parties to conflict in Democratic Republic of Congo, condemns use of children, 21 October 2008,
http://www.un.org/News/Press/docs//2008/sc9477.doc.htm

The Security Council also strongly condemned the recent attacks by the Lord's Resistance Army (LRA) that included the abduction of 159 schoolchildren in villages in the Oriental Province. In that regard, it recalled the International Criminal Court's indictments against members of the LRA leadership on charges of the enlistment of children through abduction, considered as a war crime. [...]

The full text of presidential statement S/PRST/2008/38 reads as follows: [...]

"The Security Council strongly condemns the recent attacks by the Lord's Resistance Army (LRA), including the abduction by the LRA of 159 schoolchildren in villages in the Oriental Province. The Council recalls the International Criminal Court indictments against members of the LRA leadership on charges of, among other things, the enlistment of children through abduction, as a war crime."

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(13) UN News Centre, International Criminal Court confirms decision to halt trial of Congolese rebel, 21 October 2008,
http://www.un.org/apps/news/story.asp?NewsID=28656&Cr=congo&Cr1=rebel

The International Criminal Court (ICC) today confirmed its earlier decision to suspend the trial of a Congolese rebel leader accused of recruiting child soldiers to serve in his militia, but ordered that he remain in detention pending another hearing. [...]



In its decision on whether Mr. Lubanga should remain in detention, the appeals chamber said the trial chamber had been wrong to find that an accused person's unconditional release was the inevitable consequence of a stay on proceedings or the only correct course to be taken.

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(14) Report of the Secretary-General on Sudan, 20 October 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/662

II. Security situation [...]

2. [...] At the national level, the possible indictment of President Omar al-Bashir by the International Criminal Court was a focus for debate, but it had no immediate impact on the security situation in the UNMIS area of operation. [...]

III. Political developments

6. The political scene was dominated by reactions to the request of the Prosecutor of the International Criminal Court for an arrest warrant against President Omar al-Bashir. Attention was focused on the position to be taken by the Government of National Unity and the possible effect of an indictment on the ongoing peace processes in the Sudan. [...]

VI. Implementation of the mandate of the United Nations Mission in the Sudan

Staff security

65. Demonstrations against the International Criminal Court continued throughout the country. [...] Security of United Nations staff and infrastructure remains a major concern in the context of possible future activities of the International Criminal Court in the Sudan. [...]

67. UNMIS updated its security plan and security risk assessments, and recommended measures to address potential problem areas such as elections, issues associated with border demarcation, and ongoing tension over the indictment by the International Criminal Court. [...]

VII. Observations [...]

81. As indicated above, developments in the Sudan will be influenced to a large extent by the relevant activities of the International Criminal Court, and its actions could have the potential to profoundly affect the work of the United Nations in the Sudan, including humanitarian efforts, and the ongoing peace process in the Sudan. Accordingly, I urge the Government of the Sudan to cooperate with the International Criminal Court and put in place an effective judicial and political process at the national level. It is critical that the Government of National Unity fully implement its obligations and commitments with respect to the peaceful implementation of the Comprehensive Peace Agreement, the comprehensive improvement of the situation in Darfur, and its cooperation with both UNMIS and UNAMID. [...]

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(15) UN News Centre, International Criminal Court seeks more material on Darfur arrest warrant, 16 October 2008,
http://www.un.org/apps/news/story.asp?NewsID=28599&Cr=darfur&Cr1=

The pre-trial chamber of the International Criminal Court (ICC) has given prosecutors one month to submit additional materials related to their request for an arrest warrant for Sudanese President Omar al-Bashir for alleged war crimes, including genocide, in the strife-torn Darfur region.

On Tuesday, the ICC pre-trial chamber issued a decision requesting prosecutors submit the additional supporting material relating to the arrest warrant by 17 November. [...]

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(16) UN Press Release, World has witnesses precedent-setting development to protect child rights, but emerging challenges pose new threats, third committee told, 15 October 2008,
http://www.un.org/News/Press/docs//2008/gashc3920.doc.htm

Background

[...] Notably, the Office of the Special Representative submitted an amicus curiae to the International Criminal Court in relation to the trial of Thomas Lubanga, [...] The brief stressed the importance of interpreting the provisions of the Court on a case-by-case basis -- regarding enlistment, conscription, participation and use of children in conflict -- which would better protect all children associated with armed groups. [...]

RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for Children and Armed Conflict [...] In addition, for the first time, there was an international prosecution on the recruitment and use of child soldiers, as the Office of the Special Representative had filed an amicus curiae with the International Criminal Court in the case of Thomas Lubanga, the former leader of the Union des patriotes congolais. [...] Despite that progress, serious challenges remained, she said. One of those challenges was the ongoing fight against impunity and the need to end grave violations against children. There was now the legal architecture to do that, before both the International Criminal Court and the Security Council. [...]

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(17) UN Press Release, Legal Committee told observance of strong Rule of Law relevant to promotion of stable economic development, 14 October 2008,
http://www.un.org/News/Press/docs//2008/gal3344.doc.htm

THANISA NAIDU (South Africa) [...] Noting that South Africa was a founding member of the International Criminal Court, she pledged support for the ad hoc tribunals set up by the Security Council; impunity for crimes against humanity, genocide, war crimes, and the like, must not be tolerated. [...]

ALEJANDRO ALDAY (Mexico) [...] Thus, to strengthen the rule of law at the international level, it was necessary to promote the development of a mechanism in the United Nations system, such as the International Criminal Court. [...]

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(18) UN Press Release, Addressing General Assembly, Presidents of Tribunals for Rwanda, Former Yugoslavia, Appeal for Time to Wrap Up Pending Cases, Cooperation on Outstanding Fugitives, 13 October 2008, http://www.un.org/News/Press/docs/2008/ga10766.doc.htm

ROSEMARY BANKS (New Zealand) [...] Reaffirming the three countries' support for the two Tribunals, she pointed out that the jurisprudence of both bodies formed part of their legacy, and one which other international criminal tribunals, including the International Criminal Court, as well as national courts, would continue to draw on for years to come. [...]

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(19) UN Press Release, Legal Committee is told development of 'Rule of Law' needs full participation of national stakeholders, 13 October 2008,
http://www.un.org/News/Press/docs//2008/gal3343.doc.htm

ANDREW WILLIAMS (New Zealand), speaking also for Australia and Canada [...] Any potential role for the International Criminal Court should also be considered. [...]

TOMOHIRO MIKANAGI (Japan) [...] In terms of strengthening the rule of law at the international level, [...] Japan had become a party to the Rome Statute of the International Criminal Court last year. As the largest financial contributor to the Court, Japan continued to make efforts to strengthen its contribution to the Court, including through its human resources. He said he hoped more States would join the Court so that it could improve its universality. To that end, his country was ready to cooperate with countries which were considering the accession to the Rome Statute, sharing its own experience. [...]

ZENON MUKONGO NGAY (Democratic Republic of the Congo) [...] The fact that Congolese issues had been among the first matters to be taken up by the International Criminal Court was a demonstration of the country's commitment to the rule of law. [...]

ASMUND ERIKSON (Norway) [...] He spoke of Norway's renewed efforts to combat impunity and strengthen universal justice, through the International Criminal Court and the international ad hoc and hybrid tribunals. [...]

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(20) UN Press Release, United Nations Must Take Lead in Finding Concrete Solutions to Global Crises, Say Speakers as Assembly Takes Up Secretary-General's Report, 8 October 2008, http://www.un.org/News/Press/docs/2008/ga10763.doc.htm

JEAN-MAURICE RIPERT (France) [...] The European Union was committed to cooperating with the International Criminal Court, and supported the universality and integrity of the Rome Statute. [...]

LIU ZHENMIN (China) [...] Turning to the crisis in Darfur, he said the Sudan had tested the unity of the international community, asserting that the involvement of the International Criminal Court in that crisis had further complicated it. [...]

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(21) UN Press Release, Renewed Effort Towards Completion of Comprehensive Convention Against Terrorism Applauded in Legal Committee, 8 October 2008, http://www.un.org/News/Press/docs/2008/gal3340.doc.htm

ABDALMAHMOOD ABDALHALEEM MOHAMAD (Sudan) [...] The decision by the Prosecutor of the International Criminal Court with regard to his country was a blow to justice and a blatant abuse of international law. It was a new form of terrorism, because what was terrorism if not a form of political coercion? Terror was terror, whether it came dressed in street clothes or in the robes of justice. The phenomenon must be addressed speedily.

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(22) Report of the Secretary General on the status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts, 7 October 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/118/Add.1

Addendum

France [...]

14. A second phase to bring French law into line with the Statute of the International Criminal Court is currently under discussion in Parliament.[...]

Lithuania [...]

9. [...] The implementation of the Rome Statute of the International Criminal Court has been fully completed. [...]

Slovenia [...]

5. In 2008, the new Criminal Code was adopted. In the field of the international humanitarian law, this law harmonizes the definitions of war crimes, crimes against humanity and international law with the provisions of the Rome Statute of the International Criminal Court. [...]

United Kingdom [...]

2. The United Kingdom has legislation (namely, the Geneva Conventions Acts and the International Criminal Court Act) which enables those who commit war crimes to be punished. [...]

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(23) Press Conference by Secretary-General Ban Ki-Moon at United Nations headquarters, 7 October 2008, http://www.un.org/News/Press/docs//2008/sgsm11851.doc.htm

Question: Secretary-General. Do you think it would help the peace process in Darfur that you yourself have committed so much time, if the UN Security Council passed a resolution suspending the ICC's investigation of President [Omar] al-Bashir? Would you support that?

The Secretary-General: [...] In addressing this issue, first of all, the Sudanese Government should fully cooperate to ensure that this peace process, as well as the safe and security and deployment of the Hybrid Operation progress as smoothly, as expeditiously, as possible, while also they look at this issue of taking very credible judicial measures to meet the expectations and requirements of the International Criminal Court. The International Criminal Court is an independent and judicial organization whose decisions and judgement should be respected and protected. And that is what I am going to do. [...]

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(24) UN News Centre, Darfur: Ban outlines timetable towards full deployment of hybrid force, 7 October 2008,
http://www.un.org/apps/news/story.asp?NewsID=28461&Cr=UNAMID&Cr1=Darfur

Asked by journalists today about whether the Security Council should pass a resolution suspending the International Criminal Court (ICC) indictment of Sudanese President Omar al-Bashir, Mr. Ban stressed that the ICC is independent and its decisions and judgements should be respected and protected.

"The Sudanese Government should fully cooperate to ensure that this peace process, as well as the safety and security and deployment of the hybrid [UNAMID] operation progress as smoothly [and] as expeditiously as possible while they also look at this issue of taking very credible judicial measures to meet the expectations and requirements of the International Criminal Court."

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(25) Report of the Secretary General on expenses incurred and reimbursement received by the United Nations in connection with assistance provided to the International Criminal Court, 7 October 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/471

1. During the period from October 2004 to August 2008, the United Nations
provided to the International Criminal Court facilities and services in the amount of $989,785. This amount included reimbursements for conference and related services, field security costs, library services and document digitization. In addition, the United Nations Organization Mission in the Democratic Republic of the Congo provided transportation and other services to the International Criminal Court amounting to $102,253 during the period from October 2004 to August 2008. The Court has regularly reimbursed the United Nations upon receipt of invoices.

2. A narrative of itemized details of facilities and services provided to the Court since October 2004 and a summary of facilities and services provided by the United Nations Organization Mission in the Democratic Republic of the Congo are contained in annexes I and II, respectively. [...]

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(26) UN News Centre, International Criminal Court calls for new efforts to arrest Ugandan rebels, 6 October 2008,
http://www.un.org/apps/news/story.asp?NewsID=28434&Cr=Uganda&Cr1

The International Criminal Court (ICC) today called for renewed international efforts to arrest the top leaders of the Ugandan rebel Lord's Resistance Army (LRA) after a series of recent attacks in neighbouring Democratic Republic of the Congo (DRC) in which dozens of civilians have been killed, scores of schoolchildren abducted and tens of thousands displaced. [...]

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(27) Press Conference by Secretary-General's Special Representative for Democratic Republic of Congo, 3 October 2008,
http://www.un.org/News/briefings/docs//2008/081003_Doss.doc.htm

[...] In response to another question, he said the International Criminal Court had the power to request documents and information from MONUC, which was cooperating in that regard, with the Office of Legal Affairs as a conduit. Those documents ran to thousands of pages which had to be vetted and redacted by the Mission, in case they contained information that could put people at risk. [...]

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(28) UN News Centre, Tackling impunity key to success of International Criminal Court - Liechtenstein, 29 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=28348&Cr=General+Assembly&Cr1=&Kw1=international+criminal+court&Kw2=&Kw3

The establishment of the International Criminal Court (ICC) is the most significant feat in international law in decades, Liechtenstein told the General Assembly's annual high-level debate today, noting that the body's legacy will be measured by its moves to address the issue of impunity.
"We must work in practice to give [the ICC] the necessary political support," said Rita Kieber-Beck, the small European nation's Foreign Minister. "The success of the ICC will be the yardstick in the fight against impunity." [...]

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(29) Peacebuilding Commission, Third Session, Central African Republic Configuration, Summary record of first meeting, 29 September 2008
http://www.un.org/Docs/journal/asp/ws.asp?m=PBC/3/CAF/SR.1

8. The United Nations was also assisting the Government in establishing an inclusive political dialogue aimed at restoring peace, promoting sustainable development and establishing respect for human rights and accountability. [...] The inclusive dialogue included a call for various acts of amnesty except for crimes under investigation by the International Criminal Court. [...]

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(30) UN News Centre, Darfur peace hopes damaged if Sudanese President is arrested, UN hears, 26 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=28301&Cr=general+assembly&Cr1=debate&Kw1=international+criminal+court&Kw2=&Kw3=

The decision of International Criminal Court (ICC) prosecutors to seek an arrest warrant for Sudan's President over alleged war crimes in Darfur will only undermine existing efforts to bring peace to the region, the country's Vice-President has told the General Assembly's annual high-level debate. [...]

Mr. Taha said the decision of Luis Moreno-Ocampo, the prosecutor, should be reversed by the Security Council, noting that many States have made public their objections to the indictment. [...]

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(31) UN News Centre, Two former Congolese rebel leaders to stand trial at International Criminal Court, 26 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=28309&Cr=international+criminal+court&Cr1=&Kw1=international+criminal+court&Kw2=&Kw3=

The International Criminal Court has ruled that there is sufficient evidence to pursue criminal cases against two former Congolese rebel leaders for crimes allegedly committed by their militias in eastern Democratic Republic of the Congo (DRC) in 2003. [...]

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(32) UN News Centre, Africa advancing on democracy and human rights, General Assembly told, 23 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=28187&Cr=general+assembly&Cr1=debate&Kw1=international+criminal+court&Kw2=&Kw3=

Mr. Kikwete stressed that it was the AU's considered view that the indictment of Mr. al-Bashir on war crimes charges relating to Darfur - prosecutors at the International Criminal Court (ICC) are seeking an arrest warrant - should be deferred as it would complicate the deployment of UNAMID and humanitarian relief efforts.

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(33) Press Conference by head of Organization of Islamic Conference, 22 September 2008, http://www.un.org/News/briefings/docs//2008/080922_OIC.doc.htm

Asked to confirm that the OIC would like the Security Council to suspend the International Criminal Court indictment against Sudanese President Omer al-Bashir, he said it was important to be prudent in the situation before going forward. Negotiation must be given more of a chance. The Sudanese Government must be given the opportunity to take more actions in the right direction before the international community headed down a regrettable or irreversible path.

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(34) UN News Centre, Senior UN, African Union officials outline worsening situation in Darfur, 22 September 2008, http://www.un.org/apps/news/story.asp?NewsID=28154&Cr=darfur&Cr1=

Yesterday's meeting, held at UN Headquarters, also focused on the recent decision of International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo [...] to seek an arrest warrant for Sudanese President Omar al-Bashir [...]

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(35) Press conference on developments relating to International Criminal Court investigation in Darfur, role of Security Council, 19 September 2008, http://www.un.org/News/briefings/docs//2008/080919_ICC.doc.htm

There would be "no peace without justice in Darfur", and any delay by the International Criminal Court in prosecuting the President of the Sudan would be devastating to the peace process in the region, Sudanese opposition Member of Parliament Salih Mahmoud Osman said at a Headquarters press conference today. [...]

However, there were many who disagreed with that opinion, Mr. Hummaida pointed out, explaining fears that an International Criminal Court case against the President might undermine the peace process in Darfur and jeopardize the Comprehensive Peace Agreement between North and South Sudan. It might also be the cause for retaliatory attacks by the Government against civilians, humanitarian workers or United Nations Peacekeepers. [...]

Asked about the possibility of a deal between the International Criminal Court and the Government of the Sudan, wherein the Security Council would vote to defer the case regarding President Bashir in return for the handing over of two Sudanese officials for whom the Court had already issued arrest warrants, Mr. Hummaidi said such a deal would be difficult, if not impossible, [...]

In response to a question regarding the possibility of the Sudanese leading their own investigation into the war crimes allegations, Mr. Dicker said he would "welcome a serious effort by Sudan to prosecute its own", [...]

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(36) Report of the Secretary-General on Subregional Centre for Human Rights and Democracy in Central Africa, 19 September 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/367

B. Democracy and rule-of-law activities

20. [...] the members of the network in the Central African Republic and the Democratic Republic of the Congo worked together closely following the 24 May 2008 arrest of Jean-Pierre Bemba on an International Criminal Court arrest warrant.

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(37) UNIFEM, Progress of the World's Women 2008/2009: "Who Answers to Women? Gender and Accountability", 18 September 2008, http://www.unifem.org/progress/2008/media/POWW08_Report_Full_Text.pdf

Watching the watchdog: holding the justice system to account

Box 5C: The International Criminal Court

The bloodiest century in human history culminated in adoption of a treaty to create the world's first permanent International Criminal Court (ICC). When national courts are unable or unwilling to prosecute individuals accused of genocide, war crimes or crimes against humanity, the ICC provides a forum for defending the rights of victims - such as women and children - who have rarely had recourse to post-conflict justice. [...]

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(38) Letter dated 17 September 2008 from the Permanent Representative of Viet Nam to the United Nations addressed to the President of the Security Council, 17 September 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/581

I have the honour to transmit herewith a report on the work of the Security Council during the presidency of the Socialist Republic of Viet Nam in July 2008 (see annex). [...]

Sudan [...]

On 31 July, after intensive consultations, the Council adopted resolution 1828 (2008), by which it renewed the mandate of UNAMID for another 12-month period, until 31 July 2009. [...] The Council also took note of a communiqué issued by the African Union on 21 July 2008, and the concerns raised by members of the African Union Peace and Security Council regarding potential developments subsequent to the application by the Prosecutor of the International Criminal Court of 14 July 2008 against the President of the Sudan; and took note of their intention to consider these matters further. [...]

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(39) Press Conference by Department of Peacekeeping Operations, 17 September 2008, http://www.un.org/News/briefings/docs//2008/080917_DPKO.doc.htm

He said that, as with any peacekeeping operation, a contingency plan was in place for Darfur and UNAMID was prepared in case the International Criminal Court issued a warrant for the arrest of the Sudan's President Omer el-Bashir or if the Security Council did not invoke Article 16 of the Rome Statute.

In response to other queries, he said that some issues, including one on the Department's sharing of information with the Prosecutor of the International Criminal Court, were difficult questions to be looked into.

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(40) Report of the Committee against Torture, thirty-seventh session
(6-24 November 2006) and thirty-eighth session (30 April-18 May 2007), 11 September 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/44

33. Guyana [...]

(4) [...] the Committee notes with satisfaction the following positive developments: [...]
(b) The ratification by the State party of the Rome Statute of the International Criminal Court, on 24 July 2004;

34. Hungary [...]

(3) The Committee notes with appreciation that in the period since the consideration of the last periodic report, the State party has [...] ratified the Rome Statute of the International Criminal Court. [...]

35. Mexico [...]

(10) The Committee also welcomes the fact that the State party has become a party to the following treaties: [...]
(d) The Rome Statute of the International Criminal Court, on 28 October 2005;

37. South Africa [...]

(6) The Committee acknowledges with appreciation the wide ratification of international human rights instruments by the State party since the end of apartheid, in particular: [...] the Rome Statute of the International Criminal Court; [...]

38. Tajikistan

(4) The Committee notes the following positive measures:
(b) The ratification of other important instruments that contribute to the protection of human rights, such as the Rome Statute of the International Criminal Court [...]

39. Denmark

(11) [...] While noting that acts of torture that amount to a war crime or a crime against humanity, according to the Rome Statute of the International Criminal Court, ratified by the State party on 21 June 2001, will not be subject to any statute of limitations due to section 93a of the Criminal Code, the Committee is concerned that the statute of limitations applicable to those other provisions of the Criminal Code may prevent investigation, prosecution and punishment of these grave crimes, in particular when the punishable act has been committed abroad. [...]

40. Italy [...]

(3) The Committee notes with appreciation that in the period since the consideration of the last periodic report, the State party has ratified the following international instruments: [...]
(f) The Rome Statute of the International Criminal Court, on 26 July 1999.

41. Japan [...]

(28) The Committee encourages the State party to consider becoming party to the Rome Statute of the International Criminal Court. [...]

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(41) UN News Centre, New UN rights chief stresses need to tackle discrimination, prevent genocide, 8 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=27963&Cr=Pillay&Cr1=

The United Nations High Commissioner for Human Rights today stressed the need to address discrimination and inequality, and to do more to prevent genocide, in her first major speech since taking up her new post. [...]

Ms. Pillay spent eight years as a judge on the International Criminal Tribunal for Rwanda and five on the International Criminal Court in The Hague before taking up her post as the UN's top human rights official on 1 September.

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(42) UN Press Release, Daily Press Briefing by the office of the spokesperson for the Secretary-General, 5 September 2008,
http://www.un.org/News/briefings/docs//2008/db080905.doc.htm

International Criminal Court

The International Criminal Court (ICC) says that its Trial Chamber has rejected an application by the Prosecutor to lift a stay of proceedings in the case of Congolese rebel leader Thomas Lubanga. The ICC judges say the Prosecutor's proposals included in the application demonstrably fail to meet the requirements for a stay of proceedings. In addition, they violate the basic aspects of the right of the accused to a fair trial. Despite the ruling, Lubanga will remain in ICC custody pending a Prosecutor's appeal to the judge's earlier order to release him. He is accused of war crimes, including the forcible enlistment of children into the ranks of his armed group in eastern Democratic Republic of the Congo. You can read more about this in a press release issued by the ICC yesterday.

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(43) UN Press Release, DPI/NGO Conference holds panel discussion on "addressing gross human rights violations: prevention and accountability", 5 September 2008, http://www.un.org/News/Press/docs/2008/ngo653.doc.htm

Opening the round table, Ms. Bensouda, [Deputy Prosecutor, International Criminal Court] [...] This year marks the 10 years of the International Criminal Court, she said. It had been working in a number of countries, including in Northern Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur. [...] Human rights defenders knew that silence did not help the victims; it only served the criminals. The silence of the international community might have helped the Sudanese Government, and allowed for individuals like Ahmad Harun to continue. That was ignoring the strength of the law. She compared the work before the international community to combat impunity for genocide to those who had fought over a hundred years ago to end slavery. No one had thought they could do it, but they had. [...]

[...] William Pace, Executive Director, World Federalist Movement and Convener of the Coalition for the International Criminal Court [...] The Court was a tremendous achievement in enforcing the international conventions on genocide, torture, and others. There were now 107 countries that were now States parties. It was a tribute to the shared work of civil society, working together with the United Nations. [...]

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(44) UN News Centre, International Criminal Court rejects appeal to start trial of Congolese militiaman, 4 September 2008, http://www.un.org/apps/news/story.asp?NewsID=27929&Cr=drc&Cr1=militia

The International Criminal Court (ICC) has dismissed an appeal by prosecutors against its earlier decision to suspend the trial of the Congolese rebel leader Thomas Lubanga Dyilo, accused of recruiting child soldiers to serve in his militia. [...]

"The proposals outlined in the application demonstrably fail to meet the prerequisites set out hitherto by the Chamber to enable it to lift the stay of proceedings, and they infringe fundamental aspects of the accused's right to a fair trial," according to the decision. [...]

He remains in the ICC's custody until the court makes a final decision on the appeal.

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(45) UN News Centre, New UN human rights chief takes up post, 1 September 2008,
http://www.un.org/apps/news/story.asp?NewsID=27886&Cr=Pillay&Cr1=

Navanethem Pillay today began her duties as the top United Nations human rights official, taking over a growing office that now has 1,000 staff working in 50 countries... Since 2003, Ms. Pillay has served as Judge on the International Criminal Court (ICC). Based in The Hague, Netherlands, it is the first permanent independent court set up to try cases of genocide, war crimes and crimes against humanity.

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(46) Letter dated 30 July 2008 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, Assessment of the work of the Security Council during the presidency of the United Kingdom of Great Britain and Northern Ireland (May 2008), 22 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/572

Sudan/African Union-United Nations Hybrid Operation in Darfur

[...] Others also underlined the need for the Sudan to cooperate with the International Criminal Court.

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(47) Report of the International Criminal Court, 22 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/323

Summary

The present report, covering the period from 1 August 2007 to 31 July 2008, is the fourth annual report of the International Criminal Court ("the Court") submitted to the United Nations. It covers the main developments in the Court's activities and other developments of relevance to the relationship between the Court and the United Nations. [...]

For the rest of the report, see the above link.

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(48) Report of the Special Rapporteur on the right to education, 14 August 2008 http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/292

21. [...] Specifically, attacks on buildings devoted to education are now viewed, under article 8, paragraph 2 (e) (iv), of the Rome Statute of the International Criminal Court, as war crimes. The international community is urged to take note of the importance attached to education in the Rome Statute and to make greater efforts to end the frequent impunity for persons and armed groups directly targeting violence at schools, students and teachers.

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(49) Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, Independence of the judge and lawyers, 12 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/271

B. Update on cases before the International Criminal Court

49. The Special Rapporteur welcomes the following developments in the investigations currently under way:

1. Democratic Republic of the Congo

50. [...] the Special Rapporteur calls on the authorities of the Democratic Republic of the Congo, other countries affected by this individual's crimes and the international community to cooperate with the Court.

51. The Special Rapporteur has learned that the Court has postponed the trial of Mr. Thomas Lubanga, President of the Union des patriotes congolais, in order to safeguard the defendant's right to a fair trial, in particular his right to prepare his defence. The Special Rapporteur hopes that, once these procedural issues have been duly resolved, the trial will continue.

52. On 27 June 2008, the Court's Pre-Trial Chamber I opened the confirmation of charges hearing concerning Mr. Germain Katanga and Mr. Mathieu Ngudjolo Chui, [...]

2. Central African Republic

53. On 3 July 2008, the Belgian authorities surrendered Mr. Jean-Pierre Bemba Gombo to the International Criminal Court. [...]

3. Darfur

54. [...] The Special Rapporteur wishes to express his concern at the lack of cooperation by the Government of the Sudan with the Court and urges the Government of the Sudan and all other parties to the conflict to put an end to impunity for the crimes committed in Darfur, in accordance with resolution 1593 (2005) and the statement issued by the President of the Security Council on 16 June 2008. [...]

4. Uganda

55. On 8 July 2005 the International Criminal Court's Pre-Trial Chamber II issued five arrest warrants for five Lord's Resistance Army leaders on charges of crimes against humanity and war crimes. The Special Rapporteur is concerned to note that, more than three years after those warrants were issued, none of the five suspects has been detained.

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(50) Report of the Secretary General on Cooperation between the United Nations and Regional and Other Organizations, 8 August 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/228

B. Asian-African Legal Consultative Organization

25. [...] The annual meetings of legal advisers of AALCO member states were held in New York on 30 October 2006 and 5 November 2007, respectively. [...] The 2007 meeting addressed 25 years of the United Nations Convention on the Law of the Sea and the contribution of AALCO, the responsibility of States for internationally wrongful acts and the International Criminal Court. [...]

26. AALCO and the International Criminal Court concluded a memorandum of understanding on 5 February 2008, agreeing, inter alia, to promote awareness of international criminal law. [...]

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(51) Report of the Special Representative of the Secretary-General for Children and Armed Conflict, 6 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/227

3. [...] The trial of Thomas Lubanga Dyilo, founder and leader of the Union des patriotes congolais (UPC), before the International Criminal Court, the first individual being charged solely for the conscription and use of children under the age of 15 years for active participation in hostilities, has been momentous for the message it sends to those who recruit and use children. Although the case has been suspended on technical grounds pending an appeal process, the Court has indicated that there are reasonable grounds to believe that Thomas Lubanga committed the crimes alleged against him. The Office of the Special Representative submitted an amicus curiae during the course of the proceedings, which was accepted by the Court. [...]

V. Priority areas for advocacy, action and recommendations [...]

A. Application of international standards and ending impunity [...]

2. Ending impunity for grave violations against children [...]

The International Criminal Court and other international tribunals should continue to prioritize prosecution of crimes against children, [...]

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(52) Report of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, 6 August 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/223

9. [...] The Rome Statute of the International Criminal Court also includes the basic requirements for a fair trial in the context of international criminal law. [...]

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(53) Report of the Secretary-General on strengthening and coordinating United Nations rule of law activities, 6 August 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/226

Japan

3. [...] Japan is also determined to make further efforts to strengthen international criminal law, in keeping with the commitment formalized through its accession to the Rome Statute of the International Criminal Court last year. [...]

Norway [...]

2. Rule of law at the international and national levels

Norway supports the international criminal tribunals and the International Criminal Court (ICC), including by advocating the widest possible accession to the Rome Statute. [...]

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(54) Report of the Secretary-General on trafficking in women and girls, 4 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/215

7. States indicated their adherence to other international and regional instruments relevant to the issue of trafficking in women and girls, including... the 1998 Rome Statute of the International Criminal Court (Colombia).

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(55) Progress report of the Secretary-General on the implementation of the recommendations contained in the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa, 4 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/212

17. The country has come a long way towards establishing the foundation for sustainable peace. The former President, Charles Taylor, is under indictment at the International Criminal Court in The Hague.

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(56) Report of the Secretary-General on eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations, 4 August 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/216

II. Background

8. [...] Those gains were subsequently reflected in the Rome Statute of the International Criminal Court, which establishes jurisdiction to try crimes of sexual violence, such as rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or other sexual violence as war crimes under the category of other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, and as crimes against humanity when committed as part of a widespread or systematic attack directed at a civilian population. [...]

III. Measures taken by States to implement resolution 62/134 [...]

C. Measures pertaining to the justice system [...]

32. Several responses, including that of Germany, noted that relevant provisions of the Statute of the International Criminal Court (i.e., article 7(1)(g)), have been incorporated into the legal framework

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(57) Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, 28 July 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/175

Highlights of key presentations/consultations/training courses [...]

28. On 2 and 3 June, the Special Rapporteur held meetings with representatives of the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the Special Court for Sierra Leone at The Hague.

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(58) Report of the Secretary-General on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts, 11 July 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/118

II. Information received from Member States

Finland [...]

2. Provisions on material criminal law in the Penal Code were reviewed to reach full compatibility with the definitions of crimes in the Rome Statute of the International Criminal Court, which entered into force in 2008. Negotiations on an agreement on the enforcement of sentences with the International Criminal Court are under way. [...] Finland has financially supported the International Criminal Court Victims Trust Fund, as well as the Court's Visiting Professionals Programme and the implementation of the Legal Tools Project. Finland has also sought to build support for the Court by financing projects of the Coalition for the International Criminal Court and the intersessional meetings on the Crime of Aggression organized at the University of Princeton in Princeton, New Jersey, United States of America. [...]

Sweden [...]

3. Sweden has provided continuous support to the international tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone and the International Criminal Court through financial assistance and by entering into bilateral agreements regarding the enforcement of sentences and the relocation of witnesses.

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