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UN Excerpts: ICC references, 1 March - 30 April 2007
09 May 2007
Dear All:

In addition to excerpts previously distributed from UN reports, meetings and resolutions, please find below additional references to the ICC, CICC and crimes under the Court's jurisdiction publicly available from 1 March - 30 April 2007. These include:

(1) General Assembly Fifth Committee, Budget Committee Takes Up Report on Audit of Tsunami Relief Operations as it Opens 2007 Resumed Session, GA/AB/3788, UN DPI Press Release, 5 March 2007, http://www.un.org/News/Press/docs/2007/gaab3788.doc.htm

(2) Opening General Assembly Discussion on Women's Empowerment, Secretary-General Pledges to Engage Entire UN System in Work for Gender Equality, GA/10573, UN DPI Press Release, 6 March 2007, http://www.un.org/News/Press/docs/2007/ga10573.doc.htm

(3) Statement by the President of the Security Council, Women and Peace and Security, S/PRST/2007/5, 7 March 2007, http://www.un.org/docs/sc/unsc_pres_statements07.htm

(4) UN Independent Experts Demand End to Impunity for Violence Against Women, UNOG Press Release, 8 March 2007, http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/23C9BC96C96D9BF5C1257297005A4852?OpenDocument

(5) Twelfth Progress report of the Secretary-General on the UN Operation in Cote d'Ivoire pursuant to Security Council resolution 1603, 8 March 2007, S/2007/133, http://www.un.org/docs/sc/sgrep07.htm

(6) Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled "Human Rights Council" Report of the High-Level Mission on the Situation of Human Rights in Darfur pursuant to Human Rights Council decision S-4/101, 9 March 2007, A/HRC/4/80, http://www.ohchr.org/english/bodies/hrcouncil/docs/4session/A.HRC.4.80.pdf

(7) Human Rights Council Opens Fourth Session, UNOG Press Release, 12 March 2007, http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/B0ACE4B6EF0F09BDC125729C00427038?OpenDocument

(8) Human Rights Council Hears From Seventeen Dignitaries as it Continues High-Level Segment, UN Press Release, 12 March 2007, http://www.unhchr.ch/Huricane/Huricane.nsf/28f56e49269b20fc8025660c004864f5/13e52b59d448848dc125729c00774823?OpenDocument

(9) Human Rights Council Concludes Interactive Debate with High Commissioner for Human Rights, UN Press Release, 15 March 2007, http://www.unhchr.ch/Huricane/Huricane.nsf/28f56e49269b20fc8025660c004864f5/7cc9585be72a1a1bc125729f00518ddd?OpenDocument

(10) Human Rights Council Discusses Report of the High-Level Mission on Situation of Human Rights in Darfur, UN Press Release, 16 March 2007, http://www.unhchr.ch/Huricane/Huricane.nsf/28f56e49269b20fc8025660c004864f5/e6df2e2811eabfa3c12572a000717b7e?OpenDocument

(11) Human Rights Council Concludes Debate on Report of High-Level Mission on Situation of Human Rights in Darfur, UN Press Release, 16 March 2007, http://www.unhchr.ch/huricane/huricane.nsf/view01/1215DB0D2AE13E5CC12572A30079E53B?opendocument

(12) Twenty-third report of the Secretary-General on the UN Organization Mission in the Democratic Republic of the Congo, pursuant to Security Council resolution 1711, 20 March 2007, S/2007/156, http://www.un.org/docs/sc/sgrep07.htm

(13) Human Rights Council Discusses Report Presented by Chairperson/Rapporteur on Enforced or Voluntary Disappearances, UN Press Release, 21 March 2007, http://www.unhchr.ch/huricane/huricane.nsf/view01/89FD00D7156CA0ACC12572A50070FFB3?opendocument

(14) Legal Protection, Strong Commitment to Security Essential, says Secretary-General in Message Marking Day of Solidarity with Detained, Missing Staff, UN DPI Press Release, 25 March 2007, http://www.un.org/News/Press/docs/2007/sgsm10918.doc.htm

(15) Shine Light on Today's Crimes Against Humanity While Preventing Recurrence, says Deputy Secretary-General in Remarks to Commemoration of Slave Trade Abolition, UN DPI Press Release, 26 March 2007, http://www.un.org/News/Press/docs//2007/dsgsm309.doc.htm

(16) Council Concludes Dialogue with Experts on Protection of Human Rights while Countering Terrorism and on Torture, UN Press Release, 27 March 2007, http://www.unhchr.ch/huricane/huricane.nsf/view01/2E6CCF3A72A16901C12572AB002E1615?opendocument

(17) General Assembly Fifth Committee, Reform of United Nations Internal Justice System, Security Management, Tsunami Relief Among Issues Addressed in Texts Approved by Budget Committee, UN DPI Press Release, 30 March 2007, http://www.un.org/News/Press/docs/2007/gaab3795.doc.htm

(18) The Situation in Africa: Briefing by the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, 4 April 2007, http://www.un.org/Depts/dhl/resguide/scact2007.htm

(19) Ban Ki-moon Meets with ICC Prosecutor, Highlights of the Noon Briefing, By Michele Montas, Spokesperson for Secretary-General Ban Ki-Moon, 4 April 2007, http://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=810

(20) Daily Press Briefing by the Office of the Spokesman for the Secretary-General, 9 April 2007, http://www.un.org/News/briefings/docs/2007/db070409.doc.htm

(21) High Commissioner for Human Rights Calls for Probes into Incidents of Sexual Violence, Disappearances in Darfur, UNOG Press Release, 10 April 2007, http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/26F936E6BF5143D5C12572B9002FC949?OpenDocument

(22) UNESCO (Education Sector), Education Under Attack, A Global Study on Targeted Political and Military Violence Against Education Staff, Students, Teachers, Union and Government Officials, and Educational Institutions, 27 April 2007, http://unesdoc.unesco.org/images/0015/001505/150548e.pdf

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(1) General Assembly Fifth Committee, Budget Committee Takes Up Report on Audit of Tsunami Relief Operations as it Opens 2007 Resumed Session, GA/AB/3788, UN DPI Press Release, 5 March 2007, http://www.un.org/News/Press/docs/2007/gaab3788.doc.htm

"As the Fifth Committee (Administrative and Budgetary) opened its first resumed session this morning with a review of the United Nations tsunami relief operations, several speakers expressed concern at a lack of coordination among the internal oversight bodies of the different United Nations programmes and funds and specialized agencies, stressing the need to strengthen the management of complex operations by putting in place measures to ensure transparency and avoid duplication and competition in responding to major disasters. [...]

The representative of the Dominican Republic, (on behalf of the Rio Group), [...] Among other important issues, he highlighted the discussions on the operationalization of the Independent Audit Advisory Committee, addressing the issues of after-service health insurance and the review of the conditions of service and compensation for the members of the International Criminal Court and judges of the Tribunals. [...]

Marianne Brzak-Metzler, Chief of the Conditions of Service Section of the Office of Human Resources Management, introduced the Secretary-General's report on conditions of service and compensation for officials other than Secretariat officials; members of the International Court of Justice and judges and ad litem judges of the International Tribunals for Rwanda and the former Yugoslavia. [...] He said the Secretary-General had also proposed to increase the level of the special allowance of the President and Vice-President by some 30 per cent in order to bring its rate up to the 10 per cent level applied by the International Criminal Court. Such increases should be justified on the basis of real requirements and expenditure patterns."

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(2) Opening General Assembly Discussion on Women's Empowerment, Secretary-General Pledges to Engage Entire UN System in Work for Gender Equality, GA/10573, UN DPI Press Release, 6 March 2007, http://www.un.org/News/Press/docs/2007/ga10573.doc.htm
"CLAUDIA FRITSCHE (Liechtenstein)[...] She said that, during her tenure as Permanent Representative of Liechtenstein, she had joined forces with interested delegations and non-governmental organizations to help make the appointment of women to high posts a recurring reality, by gathering and disseminating information about qualified women candidates. The fact that the International Court of Justice was, for the first time, presided over by a woman was encouraging. Currently, 8 out of 18 judges of the International Criminal Court were women, a result brought about by a system of "minimum voting requirements.""

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(3) Statement by the President of the Security Council, Women and Peace and Security, S/PRST/2007/5, 7 March 2007, http://www.un.org/docs/sc/unsc_pres_statements07.htm

"The Security Council reaffirms also the need to implement fully international human rights and humanitarian law including the four Geneva Conventions that protect the rights of women and girls during and after conflicts.

The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women and girls in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls on all parties to armed conflict to take specific measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict.

The Security Council stresses the need to end impunity for acts of gender-based violence in situations of armed conflict and emphasizes the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions."

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(4) UN Independent Experts Demand End to Impunity for Violence Against Women, UNOG Press Release, 8 March 2007, http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/23C9BC96C96D9BF5C1257297005A4852?OpenDocument
"On the occasion of International Women's Day (8 March), the Special Rapporteur of the United Nations Human Rights Council on Violence against Women, its Causes and Consequences, Yakin Ertürk, the Special Rapporteur on Trafficking in Persons, Especially Women and Children, Sigma Huda, and the Special Rapporteur on Adequate Housing, Miloon Kothari, issued the following statement [...]

In situations of armed conflict, women are frequently raped or used as sexual slaves in complete impunity. However, it is encouraging that the international community no longer accepts violence against women to be an inevitable consequence of war. The tide is slowly turning. The International Tribunals for the former Yugoslavia and Rwanda both successfully prosecuted and convicted organizers of mass rape. Most recently, the Chief Prosecutor of the International Criminal Court requested the Court to summon a militia commander on the basis of charges of war crimes and crimes against humanity, alleging, among other things, that the commander had personally inspected a group of naked women before they were raped by men under his command.

Ending impunity is not only a matter of criminal laws and punishment. Women's empowerment must also be supported through effective access to justice and critical resources. Women cannot resist violence if they lack the political, economic, social and cultural rights to enable them to protect themselves against abuse, sue the perpetrators for compensation or seek other civil remedies. Women that cannot exercise their right to adequate housing, land, property and inheritance, for instance, will often not dare to denounce a violent husband or influential family member, knowing that such an action will most probably make them homeless. There is also a need to examine and act upon some of the structural causes of violence against women such as poverty, marginalization and discrimination.

Ending impunity for crimes committed against women requires determination, political will and joining forces with all stakeholders engaged in combating violence against women at national and international levels. In a globalized world where violence against women crosses borders, national authorities must make joint efforts with civil society and their counterparts in other countries in order to enhance the effectiveness of efforts to end impunity and protect the rights of women. This is a common interest and shared obligation as ending violence against women would mean a step forward in greater emancipation for everyone.

On the occasion of International Women's Day, we call on States to take all necessary measures to end impunity for violence against women and girls and live up to their obligations under international law, in particular under the United Nations Declaration on the Elimination of Violence against Women, the Convention on the Elimination of all Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights."

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(5) Twelfth Progress report of the Secretary-General on the UN Operation in Cote d'Ivoire pursuant to Security Council resolution 1603, 8 March 2007, S/2007/133, http://www.un.org/docs/sc/sgrep07.htm

"VII. Human rights situation

46. With funding from the Office of the United Nations High Commissioner for Human Rights, UNOCI conducted awareness-raising campaigns on various human rights issues in Abidjan, Bouaké, Daloa, Korhogo, Odienné and Yamoussoukro. To strengthen the capacity of civil society organizations, ONUCI launched, on 18 January, the Cercle des ONG des droits de l'homme, a forum for regular exchanges among non-governmental human rights organizations. In this context, UNOCI and the Coalition for the International Criminal Court defined a common strategy for advocacy in favour of the ratification by Côte d'Ivoire of the Rome Statute; on 25 January, ONUCI and the Association pour le développement du droit launched a campaign to harmonize the legislation of Côte d'Ivoire with international human rights instruments."

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(6) Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled "Human Rights Council": Report of the High-Level Mission on the Situation of Human Rights in Darfur pursuant to Human Rights Council decision S-4/101*, 9 March 2007, A/HRC/4/80, http://www.ohchr.org/english/bodies/hrcouncil/docs/4session/A.HRC.4.80.pdf
"2. Recommendations to the Government of the Sudan:

d) The Government of the Sudan should cooperate fully in the deployment of the proposed UN/AU peacekeeping/protection force without further delay. It should remove all obstacles to the delivery of humanitarian assistance and abide scrupulously by the terms of the Moratorium on Restrictions on Humanitarian Work in Darfur and the Status of Forces Agreement. It should ensure the free and safe movement of human rights monitors, and facilitate the access of UNMIS human rights offices and ICRC officials to all detainees and prisoners. It should as well afford full cooperation to the International Criminal Court. [...]

4. Recommendations to the international community

i) The Security Council should take urgent further action to ensure the effective protection of the civilian population of Darfur, including through the deployment of the proposed UN/AU peacekeeping/protection force and full cooperation with and support for the work of the International Criminal Court. All UN Security Council and AU Peace and Security Council resolutions should be fully implemented, including those relating to travel bans and the freezing of funds, assets, and economic resources of those who commit violations."

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(7) Human Rights Council Opens Fourth Session, UNOG Press Release, 12 March 2007, http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/B0ACE4B6EF0F09BDC125729C00427038?OpenDocument
"JEAN ASSELBORN, Vice Prime Minister and Minister for Foreign Affairs and Immigration of Luxembourg, said that [...] Luxembourg welcomed action taken by the International Criminal Court in the Democratic Republic of Congo, Uganda and Sudan. It also called for reinforced efforts against discrimination against women and for the protection of human rights in the struggle against terrorism."

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(8) Human Rights Council Hears From Seventeen Dignitaries as it Continues High-Level Segment, UN Press Release, 12 March 2007, http://www.unhchr.ch/Huricane/Huricane.nsf/28f56e49269b20fc8025660c004864f5/13e52b59d448848dc125729c00774823?OpenDocument
"BELELA HERRERA, Vice Minister of Foreign Affairs of Uruguay, said [...] capacity building measures to assist state bodies in Uruguay had increased, and this would continue. Cooperation with the International Criminal Court was also in progress."

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(9) Human Rights Council Concludes Interactive Debate with High Commissioner for Human Rights, UN Press Release, 15 March 2007, http://www.unhchr.ch/Huricane/Huricane.nsf/28f56e49269b20fc8025660c004864f5/7cc9585be72a1a1bc125729f00518ddd?OpenDocument

"CISSY TALIWAKU (Uganda) said [...] On transitional justice, the Government was committed to granting amnesty to those who had voluntarily laid down their arms. On indictments by the International Criminal Court, the Government was committed to fighting impunity, and would continue to work to reconcile the difficult elements of justice and the fight for peace. [...]

ABDUL MONEIM OSMAN (Sudan) said Sudan had hoped the report of the High Commissioner would give equal space to various elements of human rights. The High Commissioner had called for an international presence to defend victims in Darfur, and it was queried whether this was in line with the United Nations Charter as to the role of regional organizations and their role in preserving peace and security. This recommendation was perhaps linked to the criteria of the International Criminal Court, and it was surprising that the High Commissioner had requested such a mission without discussing it with the country concerned."

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(10) Human Rights Council Discusses Report of the High-Level Mission on Situation of Human Rights in Darfur, UN Press Release, 16 March 2007, http://www.unhchr.ch/Huricane/Huricane.nsf/28f56e49269b20fc8025660c004864f5/e6df2e2811eabfa3c12572a000717b7e?OpenDocument

"CHRISTOPHE GUILHOU (France) said [...] The entire world knew that crimes among the worst had been orchestrated with the implication of the Sudanese authorities. Those who were largely responsible for these crimes had not been brought to justice, due to the climate of impunity, which prevailed, and the refusal of the Government to cooperate with the International Criminal Court. It was the primary responsibility of the Government of Sudan to protect the civil population."

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(11) Human Rights Council Concludes Debate on Report of High-Level Mission on Situation of Human Rights in Darfur, UN Press Release, 16 March 2007, http://www.unhchr.ch/huricane/huricane.nsf/view01/1215DB0D2AE13E5CC12572A30079E53B?opendocument

"ALEX VAN MEEUWEN (Belgium) said the facts described in the report unfortunately confirmed what the international community had already known for a long time: the conflict in Darfur continued in an over-armed region, putting the rule of law ever more in peril; the situation of human rights had deteriorated; and humanitarian space had shrunk. The mission had rightly noted the primary responsibility of the Government of Sudan to protect civilians against human rights violations and violence. To put an end to the spiral of violence, the Government should put an end to impunity, and should implement the relevant resolutions of the Security Council, cooperate with the International Criminal Court, and guarantee national justice."

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(12) Twenty-third report of the Secretary-General on the UN Organization Mission in the Democratic Republic of the Congo, pursuant to Security Council resolution 1711, 20 March 2007, S/2007/156, http://www.un.org/docs/sc/sgrep07.htm
"D. Human Rights

41. The human rights situation remains critical throughout the Democratic Republic of the Congo. Although the number of gross human rights violations reported to and investigated by MONUC decreased considerably in 2006 relative to 2005, violence against civilians continues. Summary executions, politically motivated mass arbitrary arrests, ill-treatment and torture of civilians, beatings and rape continue to be committed, mainly by security service personnel. Despite the S/2007/156 adoption in July 2006 of laws on sexual violence, rape is widespread, including incidents of mass rape.

42. In a landmark step towards fighting impunity, on 29 January the International Criminal Court confirmed the charges against former militia leader Thomas Lubanga for war crimes committed in Ituri during 2002 and 2003."

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(13) Human Rights Council Discusses Report Presented by Chairperson/Rapporteur on Enforced or Voluntary Disappearances, UN Press Release, 21 March 2007, http://www.unhchr.ch/huricane/huricane.nsf/view01/89FD00D7156CA0ACC12572A50070FFB3?opendocument

"ALEJANDRA DE BELLIS (Uruguay) said Uruguay valued the work done by the Working Group, in particular its humanitarian function and the link it was creating between Governments and the families of victims. In building the future, Uruguay had ventured to strengthen its domestic legislation, and the links between it and international law and international humanitarian law. It had criminalized crimes of genocide, crimes against humanity, and others, with the aid of the International Criminal Court. It had signed the International Convention on the Protection of All Persons from Enforced Disappearance, in the conviction that this marked a step forward in the protection of all from forced disappearances, the fight for truth and against impunity, and hoped that this would be a major step forward."

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(14) Legal Protection, Strong Commitment to Security Essential, says Secretary-General in Message Marking Day of Solidarity with Detained, Missing Staff, UN DPI Press Release, 25 March 2007, http://www.un.org/News/Press/docs/2007/sgsm10918.doc.htm

"Legal protection is essential for international and national staff alike. Eighty-one countries have become party to the United Nations Convention on the Safety of United Nations and Associated Personnel, and another 43 have signed it. I urge the Organization's membership to embrace this Convention, which is a key piece of the architecture of protection that also includes the Geneva Conventions, the Statute of the International Criminal Court and other instruments."

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(15) Shine Light on Today's Crimes Against Humanity While Preventing Recurrence, says Deputy Secretary-General in Remarks to Commemoration of Slave Trade Abolition, UN DPI Press Release, 26 March 2007, http://www.un.org/News/Press/docs//2007/dsgsm309.doc.htm

"There should be no place in the twenty-first century for trafficking, forced labour or sexual exploitation. There should be no place for mass rape and other war crimes perpetrated against the most vulnerable in times of armed conflict. Children should not be forced to become soldiers, work in sweatshops or be sold by their families. The fact that these atrocities take place in our world today should fill us all with shame. [...]

Let us shine a light on the crimes against humanity that are taking place today, in the shadows all around us. And let us work to prevent them from happening in the future. [...]

We must act together to stop crimes that deprive countless victims of their liberty, dignity and human rights. We must combat impunity with unwavering commitment. We must mobilize political will through domestic and international pressure. We must apply relentless and continuous scrutiny. I am grateful for your contribution to this global cause."

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(16) Council Concludes Dialogue with Experts on Protection of Human Rights while Countering Terrorism and on Torture, UN Press Release, 27 March 2007, http://www.unhchr.ch/huricane/huricane.nsf/view01/2E6CCF3A72A16901C12572AB002E1615?opendocument

"ROXANE NOLAN (Australia) said [...] At the international level, Australia played a key role in the establishment of the International Criminal Court, and continued to support its work strongly, believing that the Court's work was central to deterring the commission of the most egregious international crimes, and made a valuable contribution towards punishing those that do. It could also act as an additional guarantor of stability, especially in fragile States. Sri Lanka, Zimbabwe, and Fiji should facilitate the visit by the Special Rapporteur as soon as possible."

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(17) General Assembly Fifth Committee, Reform of United Nations Internal Justice System, Security Management, Tsunami Relief Among Issues Addressed in Texts Approved by Budget Committee, UN DPI Press Release, 30 March 2007, http://www.un.org/News/Press/docs/2007/gaab3795.doc.htm

"The Fifth Committee (Administrative and Budgetary) this evening provided recommendations to the General Assembly on a wide range of issues, including administration of justice within the United Nations, a review of tsunami relief operations, the Organization's security management system, financing of missions in Lebanon and Timor-Leste, the growing costs of after-service health benefits of staff and conditions of service of members of the International Court of Justice and judges of the two International Tribunals. [...]

Also by the text, the Assembly would request the Secretary-General to revise and update the travel and subsistence regulations for the International Court of Justice, and to report thereon to the General Assembly, for its approval, at its sixty-second session. The draft also addresses the Tribunal judges and International Criminal Court members' retirement benefits, pension schemes and education grants."

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(18) The Situation in Africa: Briefing by the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, 4 April 2007, http://www.un.org/Depts/dhl/resguide/scact2007.htm

"Mr. [Ambassador] Burian (Slovakia): [...] Since impunity for war crimes and crimes against humanity is unacceptable, it should be crystal clear that individuals responsible for atrocities committed in Darfur and in neighbouring States must be held accountable. In that regard, we fully support the investigation by the Prosecutor of the International Criminal Court, and we call upon the Government of the Sudan to provide all necessary cooperation in that regard.

To prevent violations of international human rights law and international humanitarian law, we believe that the Council should also consider making more effective use of targeted sanctions in the future."

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(19) Ban Ki-moon Meets with ICC Prosecutor, Highlights of the Noon Briefing, By Michele Montas, Spokesperson for Secretary-General Ban Ki-Moon, 4 April 2007, http://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=810

"During a meeting Tuesday with the Prosecutor of the International Criminal Court, Luis Moreno Ocampo, the Secretary-General underscored that the establishment of the International Criminal Court constituted a unique opportunity to hold accountable those responsible for the most serious crimes of international concern, namely genocide, crimes against humanity and war crime, and to bring an end to impunity. He also stressed the deterring effect that the work of the Court already had on potential perpetrators of such crimes. The Secretary-General thanked the Prosecutor for his work and affirmed that the United Nations would continue to assist and support the International Criminal Court in its endeavors."

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(20) Daily Press Briefing by the Office of the Spokesman for the Secretary-General, 9 April 2007, http://www.un.org/News/briefings/docs/2007/db070409.doc.htm

"[...] QUESTION: Is there a plan to reassess what is taking place in Sudan. Is it genocide, as the United States has said? Is there any effort by the UN, I mean?

HAQ: Well, as you know, the UN has made efforts to determine whether what was happening was genocide. There was an expert panel that went there and made its own assessment and the information that they had, they have then passed on for further work. Now, the matter is in the hands, a lot of the question of Darfur, is in the hands of the International Criminal Court. We are waiting to see how the Criminal Court follows up on this and it will be up to them to make any determinations. They, of course, can investigate genocide, as well as crimes against humanity and war crimes alike.

QUESTION: Are you saying again that the International Criminal Court is totally independent and that you are just waiting to see what they are going to do, bearing in mind that the UN failed two times to prevent, or to involve or to engage the international community to prevent Rwanda and Srebrenica? Do you feel that more engagement is needed, or anybody else at the UN?

HAQ: More engagement is needed. On issues like Darfur, certainly, there needs to be more engagement. And the sort of engagement that bodies like the Security Council in terms of the threats to peace and security side, and the Human Rights Council in terms of other violations that are taking place -- that involvement is needed and is encouraged by us. But in terms of what is happening on the prosecutorial front, right now, the International Criminal Court does have the necessary information, and it has started its work. And yes, like other bodies, it does have prosecutorial independence as it goes about how it proceeds with its work.

QUESTION: But if turns out that again not enough documents are transferred to the International Criminal Court, what would be the role of the UN? Does the UN have any moral or any other legal alternative to push forward, to ask for all documents to be transferred to the prosecution?

HAQ: Well, as with Yugoslavia and Rwanda Tribunals, yes, nations are enjoined to provide all the documentation that they have at their disposal in order for those cases to be resolved. And we do encourage nations to do that. And you might also recall that in transferring the matter of Darfur to the International Criminal Court, the Security Council has issued resolutions on this. And of course, all Member States have to comply with resolutions of the Security Council."

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(21) High Commissioner for Human Rights Calls for Probes into Incidents of Sexual Violence, Disappearances in Darfur, UNOG Press Release, 10 April 2007, http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/26F936E6BF5143D5C12572B9002FC949?OpenDocument

"The High Commissioner is seriously concerned that rape and other sexual violence during the December 2006 attacks was used as a weapon of war to cause humiliation and instill fear into the local population. The systematic use of rape to punish and humiliate local communities is a war crime. It violates Common Article 3 to the 1949 Geneva Conventions, to which the Sudan is a High Contracting Party, and is punishable by the International Criminal Court. The Government has a duty to hold perpetrators of rape accountable and provide protection from such a crime."

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(22) UNESCO (Education Sector), Education Under Attack, A Global Study on Targeted Political and Military Violence Against Education Staff, Students, Teachers, Union and Government Officials, and Educational Institutions, 27 April 2007, http://unesdoc.unesco.org/images/0015/001505/150548e.pdf

"Two further developments have the potential to put additional muscle behind human rights instruments both on a general level and in regard to attacks on children and education. The first was the appointment of a Special Representative of the Secretary- General for Children and Armed Conflict in 1997 in response to Graca Machel's report for the Secretary-General, Impact of Armed Conflict on Children. The second was the establishment of the International Criminal Court in 2002, which deals with crimes against humanity, war crimes and genocide. [...]

These are all positive steps that will aid attempts to tackle impunity regarding a significant range of forms of attack covered by this study, but only attacks relating to children. It is too early to judge how effective the International Criminal Court will be and the monitoring of grave offences by the Office of the Special Representative has so far been heavily weighted in favour of child soldier issues, with only patchy reporting of attacks on schools. In addition, its remit does not extend to teachers or academics, universities, education trade unionists and education officials, which form part of the broader focus of this study.

Greater effort by the UN system and the human rights movements to press for the application of rights instruments to cases involving these particular groups, might result in significant progress right across the range of attacks on education. Under the Rome Statute of the International Criminal Court, the scope is there to investigate charges of attacks against teachers, academics, education trade unionists and education officials, since attacks against the civilian population or individuals not taking part in the conflict, and attacks against buildings dedicated to education, provided they are not military objectives, constitute war crimes. Where acts of murder, unlawful imprisonment and other severe deprivations of liberty are widespread and systematic and carried out under a publicly declared policy of targeting or killing civilians, for instance as perpetrated by the Taliban in Afghanistan, they are also crimes against humanity. In addition, under international humanitarian law occupying powers must guarantee schools protection from attack and ensure provision of free and compulsory education at primary level."