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UN Excerpts: ICC references, 1 May ľ 30 June 2007
06 July 2007

In addition to excerpts previously distributed from UN reports, meetings and resolutions, including ICC references during the recent Security Council open debate on the Protection of Civilians in Armed Conflict, please find below additional UN references to the ICC publicly available from 1 May - 30 June 2007. These include:

(1) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 2 May 2007, http://www.un.org/News/briefings/docs/2007/db070502.doc.htm

(2) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 3 May 2007, http://www.un.org/News/briefings/docs/2007/db070503.doc.htm

(3) U.N. News Center, International Criminal Court officials meet Sudanese refugees in Chad, 3 May 2007, http://www.un.org/apps/news/story.asp?NewsID=22439&Cr=sudan&Cr1=#

(4) Chief of Cabinet in the Ministry of Justice of Italy, Stefano Mogini, Committee against Torture Hears Response of Italy, 7 May 2007
http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/FE0764ED9B97BCE2C12572D400492C4F?OpenDocument

(5) Report of the Secretary-General on Children and Armed Conflict in Uganda, S/2007/260, 7 May 2007, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2007/260

(6) U.N. News Center, French Judge Resigns from International Criminal Court Because of Poor Health, 8 May 2007, http://www.un.org/apps/news/story.asp?NewsID=22484&Cr=ICC&Cr1=

(7) U.N. Press Release, High Commissioner for Human Rights Urges Uganda and Lord's Resistance Army to Commit to Principle of no Impunity for Serious Violations, 11 May 2007,
http://www.unhchr.ch/huricane/huricane.nsf/view01/E7EDC77A0D57F750C12572D8004F0E5B?opendocument

(8) U.N. News Service, Humanitarian Chief Discusses Peace Talks with Ugandan President, 14 May 2007, http://www.un.org/apps/news/story.asp?NewsID=22544&Cr=uganda&Cr1=

(9) U.N. News Service, North Improving But Still Faces Problems - UN Humanitarian Chief, 15 May 2007, http://allafrica.com/stories/printable/200705150949.html

(10) U.N. Press Conference, Press Conference by United Nations High Commissioner for Human Rights, 31 May 2007, http://www.un.org/News/briefings/docs/2007/070531_Arbour.doc.htm

(11) U.N. News Service, Chief Prosecutor of the ICC Luis Moreno-Ocampo Calls for Arrest of First Darfur Suspects, 7 June 2007, http://www.un.org/apps/news/story.asp?NewsID=22826&Cr=sudan&Cr1=

(12) U.N. Press Release, Security Council Must call on Sudan to Arrest, Surrender Two Suspects in Darfur War Crimes, Says International Criminal Court Prosecutor, 7 June 2007, http://www.un.org/News/Press/docs//2007/sc9036.doc.htm

(13) U.N. News Service, UN Envoy Lays out Road Map towards Peace in Darfur, 8 June 2007, http://www.un.org/apps/news/story.asp?NewsID=22842&Cr=sudan&Cr1=

(14) U.N. Press Release, Special Court for Sierra Leone Faces Funding Crisis, as Charles Taylor Trial Gets Under Way, 8 June 2007, http://www.un.org/News/Press/docs//2007/sc9037.doc.htm

(15) U.N. Human Rights Council, Expert Group's Report on the Human Rights Situation in Darfur, 8 June 2007 http://www.ohchr.org/english/bodies/hrcouncil/docs/5session/A-HRC-5-6.pdf

(16) U.N. News Service, UN Tribunal for Rwandan Genocide Issues First Indictment for False Testimony, 12 June 2007, http://www.un.org/apps/news/story.asp?NewsID=22873&Cr=rwanda&Cr1=

(17) U.N. Office at Geneva: News and Media, Council Considers Report of Expert Group on Situation of Human Rights in Darfur, 13 June 2007, http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/2712D5689ED984E8C12572F9005C5F38?OpenDocument

(18) Transcript of the Security Council debate on the ICTY and ICTR, 18 June 2007, http://www.un.org/Depts/dhl/resguide/scact2007.htm

(19) U.N. Press Release, Indicted Fugitives Must Face Prosecution, Officials of the ICTY and ICTR Stressed in Joint Briefings to the Security Council, 18 June 2007, http://www.un.org/News/Press/docs//2007/sc9048.doc.htm

(20) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 19 June 2007, http://www.un.org/News/briefings/docs//2007/db070619.doc.htm

(21) Secretary-General statement on the Fifth Anniversary of the Entry into Force of the Rome Statute, 29 June 2007,
http://www.un.org/apps/sg/sgstats.asp?nid=2641

(22) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 29 June 2007, http://www.un.org/News/briefings/docs//2007/db070629.doc.htm

(23) U.N. News Service, Secretary-General Hails Work of the International Criminal Court, 29 June 2007, http://www.un.org/apps/news/story.asp?NewsID=23092&Cr=International&Cr1=court

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(1) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 2 May 2007, http://www.un.org/News/briefings/docs/2007/db070502.doc.htm

"Turning to Sudan, the judges of the International Criminal Court today issued warrants for the arrest of Sudan's Minister for Humanitarian Affairs and a Janjaweed militia leader in connection with war crimes and crimes against humanity committed in Darfur. In a public decision, the ICC judges ruled that there is sufficient evidence on the merits of the Prosecutor's case and reasonable grounds to believe that the two individuals are responsible for murder, rape, torture, the forced displacement of entire villages and other war crimes and crimes against humanity. The Prosecutor's case not only highlights the connection between a senior minister in the Sudanese Government and a militia leader, it also shows the underlying operational system that enabled massive crimes against innocent civilians in Darfur. And all of this is contained in a press release from the International Criminal Court, available upstairs."

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(2) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 3 May 2007, http://www.un.org/News/briefings/docs/2007/db070503.doc.htm

"And on Sudan, the Registrar of the International Criminal Court is visiting three camps housing Sudanese refugees in eastern Chad as part of the outreach strategy the Court has to deal with Darfur. His three-day visit, which ends tomorrow, is intended to explain the mandate and activities of the Court, especially the right of victims to participate in Court proceedings. The ICC has a press release with more details."

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(3) U.N. News Center, International Criminal Court officials meet Sudanese refugees in Chad, 3 May 2007, http://www.un.org/apps/news/story.asp?NewsID=22439&Cr=sudan&Cr1=#

"The ICC Registrar Bruno Cathala and the Head of the Division of Victims and Counsel Didier Preira arrived in eastern Chad yesterday to talk with refugee representatives in three camps, the Court said in a press release. Those camps, at Bredjing, Farchana and Treguine, are together home to about 65,000 people who are part of the vast population of Sudanese displaced by the conflict that has raged in Darfur since 2003.
During the visit, which is part of the Court's outreach strategy on Darfur, Mr. Cathala and Mr. Preira will focus on the rights of victims to participate in ICC proceedings, including in presenting their views and concerns at all stages, regardless of whether they are called to testify as witnesses. Yesterday, one of the ICC's pre-trial chambers issued arrest warrants for crimes against humanity and war crimes for two men after endorsing the evidence found during an investigation by Prosecutor Luis Moreno-Ocampo into the situation in Darfur."

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(4) Chief of Cabinet in the Ministry of Justice of Italy, Stefano Mogini, Committee against Torture Hears Response of Italy, 7 May 2007,
http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/FE0764ED9B97BCE2C12572D400492C4F?OpenDocument

"In an introductory statement, Stefano Mogini, Chef de Cabinet in the Ministry of Justice of Italy, said that, as a preliminary step and to facilitate the discussion of questions raised by Experts at their last meeting, it would be worthwhile to recall the many relevant initiatives which had recently been adopted, were under examination by the legislature, or were about to be launched by the Government. Italy would soon sign the International Convention for the Protection of All Persons from Enforced Disappearance. In March 2007, the law on the crime of torture was amended to introduce a domestic fund for victims of torture.
Also in March 2007, the establishment of a national institution for the protection of human rights had been approved by the Chamber of Deputies, which would provide for the establishment of the Defender of the Rights of Detainees. That amendment would thus pave the way for Italy's ratification of the Optional Protocol to the Convention against Torture, which explicitly required the presence of a relevant domestic monitoring mechanism. Last, but not least, the Council of Ministers was due to approve a bill in June 2007 to harmonize Italian legislation with the Statute of the International Criminal Court, in particular concerning cooperation-related aspects of the Rome Statute."

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(5) Report of the Secretary-General on Children and Armed Conflict in Uganda, S/2007/260, 7 May 2007, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2007/260

"10. The latest figures from 2005 suggest that as many as 25,000 children may have been abducted since the onset of the conflict in northern Uganda in Kitgum and Gulu districts, later leading to the phenomenon of night commuting to avoid abduction and other human rights abuses. According to the UNICEF databank figures on night commuters, 44,000 children and adults were moving nightly during the peak of hostilities in 2004, to take refuge in urban centres, avoiding the risk of being abducted or subjected to other human rights abuses. Children have been used as combatants, porters, informants and other service providers, including sexual slaves. However, the total number of abductions and of night commuters has significantly reduced since its peak in 2004.

11. In that respect, it is important to recall that, on 8 July 2005, Pre-Trial Chamber II of the International Criminal Court issued arrest warrants for LRA leader Joseph Kony, his deputy Vincent Otti, and LRA commanders Raska Lukwiya, Okot Odhiambo and Dominic Ongwen. Public redacted versions of the arrest warrants were released on 13 October 2005. All five leaders are charged with war crimes and crimes against humanity, including rape, murder, sexual enslavement and the forced enlisting of children."

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(6) U.N. News Center, French Judge Resigns from International Criminal Court Because of Poor Health, 8 May 2007, http://www.un.org/apps/news/story.asp?NewsID=22484&Cr=ICC&Cr1=

"The head of the International Criminal Court (ICC) has paid tribute to Judge Claude Jorda of France, whose permanent ill-health has forced him to resign from the body set up under an international treaty to hear trials of individuals charged with acts of genocide, crimes against humanity and war crimes committed since 2002. Judge Jorda, whose resignation will take effect on 12 August, was assigned to the Court's pre-trial division and has been serving as the presiding judge in the case against Thomas Lubanga Dyilo, a former militia leader from the Democratic Republic of the Congo (DRC) who is charged with war crimes for enlisting child soldiers, in the first such trial for the court. In a statement issued by the Court in The Hague, ICC President Judge Philippe Kirsch voiced regret at Judge Jorda's departure and thanked him 'for his service and for his commitment to fulfilling his obligations before leaving the Court.' Established by the Rome Statute of 1998, the ICC can try cases involving individuals charged with war crimes committed since July 2002. The UN Security Council, the ICC Prosecutor or a State Party to the court can initiate any proceedings, and the ICC only acts when countries themselves are unwilling or unable to investigate or prosecute. The Assembly of States Parties to the ICC, which currently has 104 members, will now elect a judge to fill the vacancy created by Judge Jorda's resignation."

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(7) U.N. Press Release, High Commissioner for Human Rights Urges Uganda and Lord's Resistance Army to Commit to Principle of no Impunity for Serious Violations, 11 May 2007,
http://www.unhchr.ch/huricane/huricane.nsf/view01/E7EDC77A0D57F750C12572D8004F0E5B?opendocument

"For a peace agreement to be durable it must be based on the principles of justice, accountability and the rule of law [...] Any accord must reaffirm the commitment of both parties to the core principle of international law that there can be no amnesty for war crimes, crimes against humanity, genocide, and gross violations of human rights. [...] Discussions concerning those persons should be focusing on the terms and circumstances of their surrender so they can go and address the charges against them before the ICC."

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(8) U.N. News Service, Humanitarian Chief Discusses Peace Talks with Ugandan President, 14 May 2007, http://www.un.org/apps/news/story.asp?NewsID=22544&Cr=uganda&Cr1=

"Thousands of people have been killed and an estimated 1.5 million others have become displaced in Uganda or neighboring countries since the LRA insurgency began in 1986. During that time, the rebel group has become notorious for abducting children and then using them as soldiers or porters, while subjecting some to torture and allocating many girls to senior officers in a form of institutional rape. In October 2005 the International Criminal Court (ICC) issued its first-ever arrest warrants against Joseph Kony, the LRA leader, and four of the group's commanders - Vincent Otti, Okot Odhiambo, Dominic Ongwen and Raska Lukwiya - on charges of war crimes and crimes against humanity."

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(9) U.N. News Service, North Improving But Still Faces Problems - UN Humanitarian Chief, 15 May 2007, http://allafrica.com/stories/printable/200705150949.html

"Thousands of people have been killed and an estimated 1.5 million others have become displaced in Uganda or in neighboring countries since the LRA insurgency began in 1986. During that time, the rebel group has become notorious for abducting children and then using them as soldiers or porters, while subjecting some to torture and allocating many girls to senior officers in a form of institutional rape. In October 2005 the International Criminal Court (ICC) issued its first-ever arrest warrants against Joseph Kony, the LRA leader, and four of the group's commanders - Vincent Otti, Okot Odhiambo, Dominic Ongwen and Raska Lukwiya - on charges of war crimes and crimes against humanity."

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(10) U.N. Press Conference, Press Conference by United Nations High Commissioner for Human Rights, 31 May 2007, http://www.un.org/News/briefings/docs/2007/070531_Arbour.doc.htm

"She said impunity had been the overall theme of her visit to the three countries, which had been aimed particularly at pressing Governments to address that subject. In the Democratic Republic of the Congo, agreement had been reached on a "mapping exercise" to examine and analyse the massive human rights violations that had occurred between
1993 and 2003, the decade preceding the jurisdiction of the International Criminal Court. [...] Asked whether any of them had been offered amnesty, the High Commissioner stressed the legal distinction between "de facto" and "de jure" amnesty, noting that de facto amnesty had placed many militia leaders totally beyond the reach of the law.
Hopefully, the International Criminal Court could trump those locally granted amnesties, which were an enormous source of continued insecurity and 'a very heavy price to pay' for the cessation of hostilities that passed for peace in the region."

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(11) U.N. News Service, Chief Prosecutor of the ICC Calls for Arrest of First Darfur Suspects, 7 June 2007, http://www.un.org/apps/news/story.asp?NewsID=22826&Cr=sudan&Cr1=

"Briefing the Security Council today, the Prosecutor of the International Criminal Court (ICC) called for the arrest of the two suspects wanted to stand trial for war crimes and crimes against humanity in Sudan's conflict-wracked Darfur region. Early last month, the ICC issued arrest warrants for Ahmad Muhammad Harun, former Minister of State for the Interior of the Government of Sudan and currently Minister of State for Humanitarian Affairs, and Janjaweed militia leader Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb. [...] 'The territorial State, the Sudan, has the legal obligation and the ability'
to arrest and surrender the suspects to the ICC, the Prosecutor said.
Although 'a degree of cooperation has been forthcoming' from the Sudanese Government, to date, it has refused to allow for the questioning of Mr. Kushayb and Mr. Harun, he told the Council. He said that he hopes that the Council can bring the issue up when it visits Khartoum on 17 June as part of its weeklong mission to the region. [...] 'The key is their arrest and surrender,' Mr. Moreno-Ocampo said to the Council, adding that his Office is finalizing its preparations for pre-trial proceedings against the two men. [...] Outside Sudan, Mr.
Moreno-Ocampo said the ICC is also looking into the spillover effects in neighbouring Chad and the Central African Republic (CAR)."

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(12) U.N. Press Release, Security Council Must Call on Sudan to Arrest, Surrender Two Suspects in Darfur War Crimes, Says International Criminal Court Prosecutor: Tells Council Warrants Issued for Humanitarian Affairs Minister Ahmad Harun; Ali Kushayb, Militia/Janjaweed Leader, 7 June 2007 http://www.un.org/News/Press/docs//2007/sc9036.doc.htm

"Just a week before the Security Council's planned mission to the Sudan, the top Prosecutor of the International Criminal Court today said the 15-nation body must take the lead in calling on the Khartoum Government to arrest two Sudanese men charged with a systematic and organized initiative to attack civilian populations in Darfur. [...] He hoped the issue of the Sudan's cooperation with the Court could be addressed during the Council's upcoming mission. [...] 'The Darfur situation requires a comprehensive solution,' he said, noting that his Office would complete its first investigation and continue to evaluate information about current crimes. [...] Stressing that Council resolution 1593 (2005) required the 'Government of Sudan and all other parties to the conflict in Darfur' to cooperate fully with and provide necessary assistance to the Court and the Prosecutor, he said that, since the start of the investigation, a 'degree of cooperation had been forthcoming.' However, requests for assistance remained outstanding, including requests to question Harun and Kushayb. [...] With the Office moving forward to finalize its preparations for pre-trial proceedings against Mr. Harun and Mr. Kushayb, the key was their arrest and surrender, he said. The Office relied on the Council, the United Nations Member States, the States parties to the Rome Statute, and on its key partners -- the Africa Union and the League of Arab States -- to call on the Sudan to arrest and surrender Ahmad Harun and Ali Kushayb to the Court."

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(13) U.N. News Service, UN Envoy Lays out Road Map towards Peace in Darfur, 8 June 2007, http://www.un.org/apps/news/story.asp?NewsID=22842&Cr=sudan&Cr1=

"Yesterday, at the Security Council, the Prosecutor of the International Criminal Court (ICC) called for the arrest of the two suspects - a militia leader and the Minister of State for Humanitarian Affairs - wanted to stand trial for war crimes and crimes against humanity in Darfur."

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(14) U.N. Press Release, Special Court for Sierra Leone Faces Funding Crisis, as Charles Taylor Trial Gets Under Way, Security Council Told Today in Briefing by Court's Senior Officials, 8 June 2007, http://www.un.org/News/Press/docs//2007/sc9037.doc.htm

"The Special Court relocated Taylor's trial to The Hague last June, due to its concerns over stability in the region if his trial was held in Sierra Leone. The International Criminal Court has lent its facilities for the Special Court to hold the trial in The Hague. Opening arguments were heard in the trial this past Monday. [...]

ALLIEU IBRAHIM KANU (Sierra Leone): [...] One challenge was ensuring that the people of Sierra Leone had access to trials being conducted on their behalf. Another was ensuring a trial's independence and the perception of its independence, when it was taking place on the premises of the International Criminal Court. [...]

THOMAS MATUSSEK (Germany): [...] The Special Court had given a strong boost to what former Secretary-General Kofi Annan had called 'the culture of the rule of law,' he continued. Its work signaled [sic] that, in today's world, serious crimes against humanity, genocide and war crimes would no longer go unpunished. Not even the highest officials could count on impunity for their deeds, because the international community would react. In keeping with the principles of the rule of law, it would react through legal means -- criminal proceedings that would bring perpetrators to justice, swiftly and effectively, and strictly in accordance with all international standards. That message would also give a strong boost to the growing international support for the International Criminal Court."

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(15) U.N. Human Rights Council, Expert Group's Report on the Human Rights Situation in Darfur, 8 June 2007, http://www.ohchr.org/english/bodies/hrcouncil/docs/5session/A-HRC-5-6.pdf

"24. The Sudanese delegation disagreed with the premise that the Government of the Sudan is under a legal obligation to cooperate with the International Criminal Court (ICC) because its national courts have reportedly investigated all allegations of war crimes and crimes against humanity. The Government further stated that whenever such allegations were found to be substantiated, the suspects have been sent to court and victims have been compensated. [...]

COMPILATION OF RECOMMENDATIONS OF THE EXPERTS GROUP TO THE GOVERNMENT OF THE SUDAN FOR THE IMPLEMENTATION OF HUMAN RIGHTS COUNCIL RESOLUTION 4/8 ENTITLED "FOLLOW-UP TO DECISION S-4/101 OF 13 DECEMBER 2006 ADOPTED BY THE HUMAN RIGHTS COUNCIL AT ITS FOURTH SPECIAL SESSION ENTITLED 'SITUATION OF HUMAN RIGHTS IN DARFUR'" [...]

3. ACCOUNTABILITY AND JUSTICE [...]

3.3. Fully cooperate with the International Criminal Court mandated by the Security Council to investigate and prosecute international crimes committed in Darfur.

Time Frame: Short-term

Indicator: Number of alleged perpetrators of international crimes committed in Darfur handed over to the international criminal court."

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(16) U.N. News Service, UN Tribunal for Rwandan Genocide Issues First Indictment for False Testimony, 12 June 2007, http://www.un.org/apps/news/story.asp?NewsID=22873&Cr=rwanda&Cr1=

"In a separate development, Silvana Arbia has been appointed as Chief Prosecutor [Chief of Prosecutions] at the ICTR, replacing Stephen Rapp, who is now Prosecutor of the UN-backed Special Court for Sierra Leone (SCSL). Ms. Arbia has been with the ICTR since October 1999 and has previously worked as a judge, public prosecutor and lawyer in her native Italy. She has also served as a lecturer and as Italy's delegate to the 1998 conference setting up the International Criminal Court (ICC)."

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(17) U.N. Office at Geneva: News and Media, Council Considers Report of Expert Group on Situation of Human Rights in Darfur, 13 June 2007, http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/2712D5689ED984E8C12572F9005C5F38?OpenDocument

"JEAN-MAURICE RIPERT (France) said [...] [t]he recommendations in the report were crucial with regard to putting an end to violence against all civilians in Darfur. [...] Two Sudanese individuals were suspected of war crimes and the Government of Sudan was called upon to ensure that those individuals appeared before the International Criminal Court.
[...]

JANE LNDUO ALDO ODO, of International Federation for Human Rights, in a joint statement, expressed deep concern over the continuing deterioration of the human rights and security situation in Darfur. The numerous recommendations adopted by the United Nations, international bodies and human rights mechanisms since the beginning of the conflict remained largely unheard, and today they were faced with a situation of widespread past and ongoing violations threatening peace and security in Sudan and the wider region. The Government had failed to ensure accountability and to end impunity for crimes committed in Darfur and continued to refuse to collaborate with the International Criminal Court, despite United Nations Security Council resolutions. [...]

SEBASTIAN GILLIOZ, of Human Rights Watch, in a joint statement with International Commission of Jurists, said the situation in Darfur remained bleak. A fundamental shift in attitude was needed on the part of the Sudanese Government. The Government had shown a grossly inadequate response to the recommendations on protecting women and girls from sexual violence, failing to demonstrate a serious will to address the problem of rape sanctioned formally and informally by government policy. Cooperation with the International Criminal Court had been obfuscated, with only 13 cases brought before the Special Criminal Courts for Darfur in 2005, all for minor offences. To date, there was little sign of progress on the ground and the Government should be urged to comply with the recommendations, cooperate with the Prosecutor of the International Criminal Court and extend the mandate of the experts to the sixth session of the Council. [...]

OATAZ EL FEGIERY, of Cairo Institute for Human Rights Studies, in a joint statement, welcomed the report on the situation of human rights in Darfur prepared by the group of experts, and considered that the recommendations contained therein were a solid basis on which to improve the human rights situation in Darfur. [...] In particular, the Government continued to refuse to cooperate with the International Criminal Court, denied any control over militias operating in Darfur, denied hindering or harassing human rights and humanitarian personnel in any way, and asserted that no arbitrary arrests for incommunicado detentions occurred in Sudan, contradicting the clear evidence to the contrary that had been gathered by the United Nations, the African Union, and others. The expert group's report was in danger of becoming another rhetorical exercise by the Sudanese Government that produced no discernable improvements in the situation for civilians in Darfur, and which diminished the reputation of the Council."

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(18) Transcript of the Security Council debate on the ICTY and ICTR, 18 June 2007, http://www.un.org/Depts/dhl/resguide/scact2007.htm

"RICARDO ALBERTO ARIAS (Panama): [...] However, we cannot ignore this comment from that very document: 'The only permanent international criminal institution that could theoretically provide the range of functions required is the International Criminal Court. However, there are obvious differences in terms of the jurisdictional basis, substantive law and procedures applicable before the ICC and the Tribunals. The ICC's relationship to the United Nations, including the Security Council, also differs markedly from the ad hoc Tribunals.
Transferring the civil functions of the Tribunals to the ICC might accordingly require an amendment of the ICC statute. Although not insurmountable, the hurdles, coupled with the complicated amendment procedure of the ICC Statute, suggest that transferring the residual functions of the Tribunals to the ICC might not be a realistic option.'
[...] I would venture to suggest that in the process of completing the work of the international Tribunals we should keep a broader view in mind, namely, how we can cooperate better in promoting international justice. I suggest that serious consideration must be given to the difficult proposal that has been made: to give those tasks to the International Criminal Court. I am certain that the Council can be sufficiently creative - and that, if necessary, it could turn to the States parties. We must also pursue that option. The option of having the International Criminal Court complete these trials should be seriously considered by the Council. [...]

MARCELLO SPATAFORA (Italy): [...] The valuable contributions of both Tribunals to the codification and progressive development of international humanitarian law is beyond any doubt. [...] Furthermore, it is well known that the Tribunals' case law served as a basis for the drafting of key provisions of the Rome Statute of the International Criminal Court."

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(19) U.N. Press Release, Indicted Fugitives Must Face Prosecution, Officials of the ICTY and ICTR Stressed in Joint Briefings to the Security Council, 18 June 2007, http://www.un.org/News/Press/docs//2007/sc9048.doc.htm

"RICARDO ALBERTO ARIAS (Panama) said the Tribunals were working harder than ever, but their legacies would only be cemented if they completed their work on time. The Council must now begin to examine closely all aspects of their work, particularly their financing, staffing and cooperation with local jurisdictions. He said that, while transferring some aspects of the Tribunals' work to the International Criminal Court might prove difficult, the Council should, nonetheless, consider that proposal. The Council had recently created a special tribunal for Lebanon with the help of senior Lebanese officials. The Council should draw on that recent experience to examine seriously and creatively ways in which the Tribunals' work could be continued, including, if need be, at the International Criminal Court. [...]

MARCELLO SPATAFORA (Italy) commended the tangible progress made in pursuing the completion strategy through modifications of the rules of procedure and evidence, and the strong commitment of judges, prosecutors and staff of both Tribunals. Italy was also pleased that human rights was at the core of both Tribunals' concerns, given that respect for human rights and the rule of law was crucial to the work of international tribunals. The valuable contribution of both to the codification of international humanitarian law had been confirmed by the International Court of Justice, the principal judicial organ of the United Nations. Furthermore, the case law of both Tribunals was among the bases in the elaboration of key provisions of the Rome Statute of the International Criminal Court."

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(20) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 19 June 2007, http://www.un.org/News/briefings/docs//2007/db070619.doc.htm

"We received also some additional information on Serge Brammertz from the International Criminal Court in The Hague, and would like to rectify information given yesterday. On 14 June 2007, Mr. Serge Brammertz, Deputy Prosecutor for Investigations, submitted his resignation from the International Criminal Court. It was made public last night. At the request of the United Nations Secretary-General, as you know, Mr. Brammertz will continue to serve as the Commissioner of the United Nations International Independent Investigation Commission in Lebanon."

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(21) Secretary-General statement on the Fifth Anniversary of the Entry into Force of the Rome Statute, 29 June 2007,
http://www.un.org/apps/sg/sgstats.asp?nid=2641

"1 July 2007 marks the fifth anniversary of the entry into force of the Rome Statute of the International Criminal Court. The creation of the Court represents one of the major achievements in international law during the past century. Since the entry into force of the Rome Statute, the Court has completed an important transition from the set-up phase to the commencement of its judicial functions. During the relatively short time of its existence, the Court has already established itself as the centerpiece of a system of international criminal justice. It is both the embodiment of, and the driving force behind, a profound evolution of international culture and law. The establishment of the ICC constitutes a unique opportunity to hold accountable those responsible for the most serious crimes of concern to the international community as a whole, namely genocide, crimes against humanity and war crimes, and to bring an end to impunity. Already the activities of the Court and its Prosecutor have a deterring effect on potential perpetrators of international crimes. Today, the Rome Statute of the International Criminal Court has
104 States Parties continuously making progress towards the Court's eventual goal of universal jurisdiction. On the occasion of the Court's fifth anniversary, I wish to join the General Assembly in calling on States from all regions of the world that are not yet parties to the Rome Statute to consider becoming a party to it."

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(22) Daily Press Briefing by the Office of the Spokesperson of the Secretary-General, 29 June 2007, http://www.un.org/News/briefings/docs//2007/db070629.doc.htm

"International Criminal Court: This Sunday will mark the fifth anniversary of the entry into force of the Rome Statute of the International Criminal Court. The Secretary-General regards the creation of the Court as one of the major achievements in international law during the past century. A statement marking the fifth anniversary, which we have upstairs, says that the Court has already established itself as the centrepiece of a system of international criminal justice.
It provides a unique opportunity to hold people responsible for the most serious crimes, and already the Court's activities have helped to deter potential perpetrators of international crimes."

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(23) U.N. News Service, Secretary-General Hails Work of the International Criminal Court, 29 June 2007, http://www.un.org/apps/news/story.asp?NewsID=23092&Cr=International&Cr1=court

"The creation of the International Criminal Court (ICC) is one of the 'major achievements in international law during the past century,'
providing the opportunity to hold to account the world's worst war criminals, Secretary-General Ban Ki-moon said in a statement released today to mark a key anniversary in the ICC's founding. Sunday will be the fifth anniversary of the entry into force of the Rome Statute of the ICC, which allowed the Court to be formally established after years of negotiation between countries. [...] The ICC is an independent, permanent court that tries persons accused of carrying out the most serious crimes, including genocide, crimes against humanity and war crimes. It holds trials only when national courts cannot or will not conduct their own proceedings. The Rome Statute which brought the Court into being now has 104 States Parties, and Mr. Ban urged those nations that have not yet become parties to do so. He added that 'already the activities of the Court and its Prosecutor [Luis Moreno-Ocampo] have a deterring effect on potential perpetrators of international crimes.' So far the ICC has issued arrest warrants for two suspects accused of war crimes in Sudan's Darfur region and five leaders of the rebel Lord's Resistance Army (LRA) in northern Uganda. Thomas Lubanga, a rebel leader in the Democratic Republic of the Congo (DRC), was arrested last year.
The Court has also opened investigations into allegations of killings and rapes in the Central African Republic (CAR)."

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