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UN Excerpts: ICC references, 1 March to 30 April 2008
21 May 2008
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 March to 30 April 2008 (please note that excerpts from the seventh session of the Human Rights Council will be sent separately):

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

(2) Identical letters dated 29 April 2008 from the Chargé d'affaires a.i. of the Permanent Observer Mission of Palestine to the United Nations addressed to the Secretary-General and the President of the Security Council, A/ES-10/418-S/2008/282, 29 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/282

(3) UN News Centre, Trial of Congolese defendant 'crucial step' to end impunity - senior UN official, 28 April 2008, http://www.un.org/apps/news/story.asp?NewsID=26479

(4) UN News Centre, Sudan: Darfur Suspect a 'Fugitive,' Says International Criminal Court Prosecutor, 26 April 2008, www.un.org/apps/news/story.asp?NewsID=26472&Cr=darfur&Cr1=

(5) Report of the Secretary-General on children and armed conflict in Nepal, S/2008/259, 18 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/259

(6) Security Council debate, Peace and Security in Africa, S/PV.5868, 16 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/PV.5868

(7) Commission on Crime Prevention and Criminal Justice, Seventeenth session, Vienna, 14-18 April 2008, Agenda item 3: Thematic discussion on aspects of violence against women that pertain directly to the Commission on Crime Prevention and Criminal Justice, 17 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=E/CN.15/2008/L.3/Rev.1

(8) UN News Centre, New Registrar of International Criminal Court vows to strive to protect witnesses, 17 April 2008, http://www.un.org/apps/news/story.asp?NewsID=26370

(9) Twenty-Fifth report of the Secretary General on the United Nations Organization mission in the Democratic Republic of the Congo, S/2008/218, 2 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/218

(10) General Assembly, Letter dated 25 March 2008 from the Permanent Representative of France to the United Nations addressed to the President of the General Assembly, Agenda Item 113(d): Election of 15 members of the Human Rights Council, 1 April 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/775

(11) Letter dated 20 March 2008 from the Chargé d'affaires a.i. of the Permanent Mission of Finland to the United Nations addressed to the President of the Security Council, S/2008/195, 25 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/195

(12) UN News Centre, Advance of international justice pre-eminent legacy of Ban Ki-moon, 24 March 2008, http://www.un.org/apps/news/story.asp?NewsID=26076

(13) Report of the Secretary-General on the situation in Somalia S/2008/178, 20 March 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/178

(14) General Assembly, Letter dated 4 March 2008 from the Charge D' Affairs A.I. of the Permanent Mission of Slovakia to the United Nations Addressed to the President of the General Assembly Agenda Item 113 d: Election of 15 members of the Human Rights Council, 17 March 2008,
http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/747

(15) UN News Centre, Madagascar ratifies statute establishing International Criminal Court, 17 March 2008, http://www.un.org/apps/news/story.asp?NewsID=26002

(16) Convention on the Rights of the Child, Committee on the Rights of the Child, Forty-fourth session, 15 January-2 February 2007, CRC/C/44/3, 13 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=CRC/C/44/3

(17) UN News Centre, International Criminal Court joins cases of two Congolese rebel leaders, 11 March 2008,
http://www.un.org/apps/news/story.asp?NewsID=25938

(18) UN News Centre, International Criminal Court Officials meet delegation from Ugandan rebel group, 10 March 2008, http://www.un.org/apps/news/story.asp?NewsID=25920

(19) General Assembly, Sixty-third session, Item 122 of the preliminary list*, Programme planning, Proposed strategic framework for the period 2010-2011, Part two: biennial programme plan, Programme 6 Legal affairs, A/63/6 (Prog. 6), 10 March 2008

(20) General Assembly, Letter dated 7 February 2008 from the Permanent Representative of Japan to the President of the General Assembly, Agenda Item 113d: Election of 15 members of the Human Rights Council, 7 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/728

(21) International Convention on the Elimination of all Forms of Racial Discrimination, Committee on the Elimination of Racial Discrimination, Seventy-second session, Summary Record of the 1862nd meeting held at the Palais Wilson, Geneva on 28 February 2008, Consideration of Reports, Comments and Information Submitted by States Parties under Article 9 of the Convention (continued), Fifth to Seventh periodic reports of Moldova (continued), CERD/C/SR.1862, 5 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=CERD/C/SR.1862

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

The International Criminal Court (ICC) has called for the arrest of a militia leader accused of forcibly enlisting children as soldiers to fight in the volatile, resource-rich Ituri district in the far east of the Democratic Republic of the Congo (DRC) from July 2002 until the end of 2003.
The ICC's pre-trial chamber yesterday published an arrest warrant for Bosco Ntaganda, currently alleged to be chief of staff of the militia known as the National Congress for the Defence of the People (CNDP), which has been active in Ituri and other parts of eastern DRC. The warrant was first issued in August 2006, but remained secret until prosecutors this week asked the pre-trial chamber to unseal it.

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(2) Identical letters dated 29 April 2008 from the Chargé d'affaires a.i. of the Permanent Observer Mission of Palestine to the United Nations addressed to the Secretary-General and the President of the Security Council, A/ES-10/418-S/2008/282, 29 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/282

In this connection, we reiterate our strong conviction that there is no pretext or reason that can justify such inhumane treatment of civilians. International law forbids such brutality and cruelty - international humanitarian and human rights law prohibit the killing and bodily injury of civilians, prohibit reprisals against civilians and civilian objects, prohibit the wanton destruction of homes and other civilian property, prohibit extrajudicial executions and prohibit the collective punishment of civilians. Moreover, such incidents cannot simply be brushed aside as "mistakes", as some Israeli officials have tended to coldly refer to recent killings of civilians in Beit Hanoun and elsewhere in the Occupied Palestinian Territory. What these killings actually constitute are war crimes under article 147 of the Fourth Geneva Convention and article 8 of the Rome Statute of the International Criminal Court. Investigations should be launched into these crimes, and the perpetrators must be held accountable for their breaches of the law.

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(3) UN News Centre, Trial of Congolese defendant 'crucial step' to end impunity - senior UN official, 28 April 2008, http://www.un.org/apps/news/story.asp?NewsID=26479

The trial of Thomas Lubanga Dyilo, who has been charged by the International Criminal Court (ICC) with recruiting child soldiers in the Democratic Republic of the Congo (DRC), will be "a crucial step in the fight against impunity and will have a decisive deterrent effect against perpetrators of this outrageous crime against humanity," according to the United Nations Special Representative for Children and Armed Conflict.

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(4) UN News Centre, Sudan: Darfur Suspect a 'Fugitive,' Says International Criminal Court Prosecutor, 26 April 2008, www.un.org/apps/news/story.asp?NewsID=26472&Cr=darfur&Cr1=

Despite an arrest warrant being issued for him one year ago by the International Criminal Court (ICC), a Sudanese minister accused of crimes against humanity and war crimes in the war-ravaged region of Darfur is free and is a "fugitive," the body's Prosecutor said today.

"He attacked Sudanese people, his people, those he vowed to protect as Minister; he is an indicted minister, he is a fugitive," ICC Prosecutor Luis Moreno-Ocampo said in a press release. "He will end up in Court."

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(5) Report of the Secretary-General on children and armed conflict in Nepal, S/2008/259, 18 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/259

35. On 3 January 2007, the Government of Nepal ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Nepal made a binding declaration on signing the Optional Protocol that it would not recruit children under 18 years to its Army or the Armed Police Force. In February 2007, the Government endorsed the Paris Commitments to protect children from unlawful recruitment or use by armed forces or armed groups. However, despite Nepal's ratification of several international instruments, the process of incorporating international treaties into domestic law has been delayed. The review of the Child Act initiated in 2006 has been completed by the Government but has yet to be passed by the Parliament.

36. On 18 October 2006, an inter-ministerial task force was formed to assess the implications of Nepal becoming a party to the Rome Statute of the International Criminal Court. The report of the task force was submitted in December 2006 and the Government stated that it would begin the process of ratification.

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(6) Security Council debate, Peace and Security in Africa, S/PV.5868, 16 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/PV.5868

Mrs. Yade (France): [...] Indeed, we are increasingly concerned by the rise in the number of serious human rights violations against women, through increased sexual violence, and children in situations of armed conflict in particular. The fight against impunity must be an essential element of our action. States must cooperate with the International Criminal Court. Without resolute action against impunity, there can be no peace or lasting reconciliation.

Mr. Urbina (Costa Rica): [...] We said before that today we are better prepared to prevent and put an end to conflict. In this context, the contribution of the International Criminal Court (ICC) to the civilized world deserves special mention. We welcome the trust that many African States have placed in the Court, and we take this opportunity to call for respect for its authority, particularly in the Sudan, in connection with executing the arrest warrants that have been issued by the ICC.

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(7) Commission on Crime Prevention and Criminal Justice, Seventeenth session, Vienna, 14-18 April 2008, Agenda item 3: Thematic discussion on aspects of violence against women that pertain directly to the Commission on Crime Prevention and Criminal Justice, 17 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=E/CN.15/2008/L.3/Rev.1

Bolivia, Namibia, Philippines and Thailand: revised draft resolution

The Commission on Crime Prevention and Criminal Justice recommends to the Economic and Social Council the adoption of the following draft resolution:

Strengthening crime prevention and criminal justice responses to violence against women and girls [...]

Recalling the inclusion of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court, [...]

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(8) UN News Centre, New Registrar of International Criminal Court vows to strive to protect witnesses, 17 April 2007, http://www.un.org/apps/news/story.asp?NewsID=26370

Protecting witnesses will be a major challenge for the International Criminal Court as the tribunal prepares to conduct its first trial this year, the incoming ICC registrar said today.

She added that the "first trial shall strive to be a model for national jurisdictions and also a positive benchmark for regions and States which have not yet accepted the jurisdiction of the ICC."

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(9) Twenty-Fifth report of the Secretary General on the United Nations Organization mission in the Democratic Republic of the Congo, S/2008/218, 2 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/218

VIII. Human Rights

54. Among the limited positive developments was the arrest, on 7 February, of Mathieu Ngudjolo, former commander of FNI, and his transfer to the International Criminal Court to face charges of war crimes and crimes against humanity. At the time of his arrest, Ngudjolo was serving as a FARDC colonel. On 19 March, six police officers were convicted by the military tribunal of Mbandaka of mass rape and other crimes committed in Lifumba Waka, in Equateur province, in March 2006.

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(10) General Assembly, Letter dated 25 March 2008 from the Permanent Representative of France to the United Nations addressed to the President of the General Assembly, Agenda Item 113(d): Election of 15 members of the Human Rights Council, 1 April 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/775

1. Since 2006, France has taken practical steps to promote human rights: [...]

(b) France is committed to support victims of human rights violations.

* Concerned to combat the impunity of those who commit human rights violations, France has made a particular effort to promote international criminal justice and the role of the International Criminal Court (ICC). It is also committed to supporting the victims of human rights violations, especially in the framework of the ICC Trust Fund for Victims, to which France is the second largest contributor. [...]

2. France is committed to continuing and expanding it action for human rights both domestically and internationally [...]

* Concerned to combat the impunity of those who commit human rights violations, it will continue its efforts to promote international criminal justice and the role of the International Criminal Court (ICC). The bill completing the adaptation of French legislation to the ICC Statute will become law in 2008. It will continue to work for recognition of the right to the truth and compensation for the victims of human rights violations.

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(11) Letter dated 20 March 2008 from the Chargé d'affaires a.i. of the Permanent Mission of Finland to the United Nations addressed to The President of the Security Council, S/2008/195, 25 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/195

"Hitting the Ground Running": Fifth Annual Workshop for the Newly Elected Members of the Security Council, 15 and 16 November 2007 [...]

In terms of other challenges ahead, one speaker also drew attention to the Sudan, which he characterized as a "reputational" issue for the United Nations. With success in Darfur, the reputation and effectiveness of the United Nations would be enhanced. On the other hand, should there be a failure in Darfur, the organization's reputation - especially that of United Nations peacekeeping - would "very much suffer". Further, he underscored the need to balance the Council's pressure and coercive measures on the Sudan in light of the Council's four "strands of activity" vis-à-vis Darfur. These strands included deploying an effective peacekeeping force in Darfur; improving the regional security situation; boosting the political process jointly undertaken by Jan Eliasson (Special Envoy of the Secretary-General for Darfur) and Salim Ahmed Salim (African Union Special Envoy for Darfur); and the judicial tract, where the International Criminal Court was mandated by the Security Council to undertake investigations. On the last point, the speaker added that, unfortunately, the Government of the Sudan's cooperation with the Court was lacking. [...]

One participant noted that thematic issues, such as the responsibility to protect, massive violations of human rights and impunity constituted new fields of action for the Security Council, presenting significant challenges to the way it operated. In connection with this expanded role for the Council, the speaker cited, as an example of good progress, the Security Council Working Group on Children and Armed Conflict. Through the efforts of this Working Group, the Council was able to adopt a comprehensive and action oriented approach to issues such as child recruitment and the protection of children in situations of armed conflict. The mechanism in place foresaw a chain of actions: monitoring on the ground, reporting to the Council and, where appropriate, the application of sanctions and the referral of cases to the International Criminal Court. In the view of this participant, the Working Group had succeeded in combining, in one subsidiary body, a wide range of elements: political will, tangible instruments, monitoring on the ground and follow-up actions.

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(12) UN News Centre, Advance of international justice pre-eminent legacy of Ban Ki-moon, 24 March 2008, http://www.un.org/apps/news/story.asp?NewsID=26076

Honouring Kofi Annan at the conferral of a new MacArthur Award, Secretary-General Ban Ki-moon says that the establishment of the International Criminal Court (ICC) and the acceptance of the principle of the responsibility to protect stood out as the culmination of his predecessor's tenure.

'In his decade at the helm, he stood particularly tall for his contributions to international justice - fighting to end impunity, to advance the rule of law, to protect the weak and vulnerable,' Mr. Ban said as Mr. Annan was accorded the inaugural International Justice Award by the MacArthur Foundation at a dinner last Thursday night.
One hundred and six countries have ratified the Rome Statute that sets up the ICC, the independent, permanent court that tries people accused of the most serious crimes, such as genocide, war crimes and crimes against humanity. Late last year Judge Philippe Kirsch, the ICC President, called for those countries that have not yet ratified or acceded to the Rome Statute to do so, saying the court, based in The Hague in the Netherlands, was already deterring crimes and improving the chances for sustainable peace in some countries.

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(13) Report of the Secretary-General on the situation in Somalia, S/PV.5858, 20 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=S/2008/178

Mr. Ahmedou Ould Abdallah, Special Representative of the Secretary- General for Somalia:

The international community also needs to address the question of impunity. Countless lives have been lost and thousands forced from their homes. Those responsible for the violence continue to profit from the misery of others. We have appeased the warlords, the extremists and the spoilers for too long by wielding the carrot but not the stick. Those who have carried out war crimes and crimes against humanity need to be brought to account through the International Criminal Court or another international or local body. There could be a commission of inquiry to look into the most serious crimes. The independent expert could also be more involved in addressing the issue of human rights.

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(14) General Assembly, Letter dated 4 March 2008 from the Charge D' Affairs A.I. of the Permanent Mission of Slovakia to the United Nations Addressed to the President of the General Assembly Agenda Item 113 d: Election of 15 members of the Human Rights Council, 17 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/747

Slovakia's voluntary pledges and commitments

Upon ratification of the aforementioned treaties, the Slovak Republic did not make any reservations to the accepted commitments. In September 2007 Slovakia signed the two new crucial international human rights instruments - the International Convention for the Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities, including its Optional Protocol. The Slovak Republic is a party to many other treaties on human rights and international humanitarian and criminal law, including the Rome Statute of the International Criminal Court, four Geneva Conventions and their three Additional Protocols and the relevant Council of Europe human rights treaties.

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(15) UN News Centre, Madagascar ratifies statute establishing International Criminal Court, 17 March 2008, http://www.un.org/apps/news/story.asp?NewsID=26002

Madagascar has become the latest country to ratify the Rome Statute that sets up the International Criminal Court (ICC), the independent, permanent court that tries people accused of the most serious crimes, such as genocide, war crimes and crimes against humanity. The Malagasy Government deposited its instrument of ratification to the statute on Friday, according to a news release issued by the ICC in The Hague, the Dutch city where it is based. When the statute enters into force for Madagascar on 1 June, the island nation will be the 106th country to become a State Party to the ICC - almost 10 years after the Rome Statute was adopted in July 1998, leading to the court's founding.

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(16) Convention on the Rights of the Child, Committee on the Rights of the Child, Forty-fourth session, 15 January-2 February 2007, CRC/C/44/3, 13 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=CRC/C/44/3

610. The Committee urges the State party [Chile] to continue to support the National Commission on Political Imprisonment and Torture in order to ensure that all cases of abuse of persons during the military rule, including of those who were children at the time, are fully investigated and that victims are provided with adequate and comprehensive reparations. The Committee encourages the State party to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Statute of the International Criminal Court.

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(17) UN News Centre, International Criminal Court joins cases of two Congolese rebel leaders, 11 March 2008, http://www.un.org/apps/news/story.asp?NewsID=25938

The pre-trial chamber of the International Criminal Court (ICC) has ruled that it will join the cases of two rebel leaders facing charges for crimes allegedly committed by their militia groups in the Far East of the Democratic Republic of the Congo (DRC) in 2003. Judges at the ICC, which is based in The Hague, determined yesterday that Germain Katanga and Mathieu Ngudjolo Chui will have their trials held together, starting later this year.

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(18) UN News Centre, International Criminal Court Officials meet delegation from Ugandan rebel group, 10 March 2008, http://www.un.org/apps/news/story.asp?NewsID=25920

Officials from the International Criminal Court (ICC) met today with a delegation from the Lord's Resistance Army (LRA), the Ugandan rebel group whose leadership is under indictment for war crimes and crimes against humanity allegedly committed during its protracted conflict with Government forces in the African country. The LRA delegation and the officials with the ICC registry discussed procedural issues related to the legal representation of the four men from the rebel group who face arrest warrants, according to a media statement issued by the court in The Hague, where it is based. They also discussed standards for the filing of documents and materials with the court's registry, a neutral organ which is responsible for providing support, assistance and information to defence counsel. In October 2005 the ICC's pre-trial chamber unsealed arrest warrants against Joseph Kony, Vincent Otti, Okot Odhiambo, Dominic Ongwen and Raska Lukwiya for alleged crimes committed since July 2002 in Uganda. Mr. Lukwiya has since been confirmed dead and the proceedings against him discontinued. Last week ICC Prosecutor Luis Moreno-Ocampo declined to meet with the same delegation of the LRA.

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(19) General Assembly, Sixty-third session, Item 122 of the preliminary list*, Programme planning, Proposed strategic framework for the period 2010-2011, Part two: biennial programme plan, Programme 6 Legal affairs, A/63/6 (Prog. 6), 10 March 2008

6.7 A further objective of the subprogramme is to support the development of international justice and an end to impunity through help to existing international and internationally assisted tribunals. To that end, the Office will work to ensure that, as subsidiary organs of the Security Council, the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda operate, in their administrative activities, in accordance with the Charter, regulations, rules and policies of the United Nations and, as judicial organs, act within their statutes. Within the framework of the subprogramme, the Office will provide advice to the principal and subsidiary organs of the Organization on legal aspects of the activities of the above-mentioned Tribunals and on matters arising in their relations with those Tribunals. It will also provide advice to the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda regarding their relationships with States and host countries. In addition, the Office will provide advice and ongoing support to the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon. Moreover, it will provide advice to the principal and subsidiary organs regarding the Relationship Agreement between the International Criminal Court and the United Nations. Furthermore, it will assist in the establishment of other tribunals, as mandated, and help to develop transitional justice mechanisms, if mandated.

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(20) General Assembly, Letter dated 7 February 2008 from the Permanent Representative of Japan to the President of the General Assembly, Agenda Item 113 d: Election of 15 members of the Human Rights Council, 7 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=A/62/728

Annex to the note verbale dated 7 February 2008 from the Permanent Mission of Japan to the United Nations addressed to the President of the General Assembly: Japan's voluntary pledges and commitments in accordance with resolution 60/251 [...]

4. International Cooperation [...]

(5) Japan officially became a State Party of the Rome Statute of the International Criminal Court (ICC) in October 2007. Japan intends to proactively support the ICC activities further through providing financial and human resources. As part of this contribution, Ms. Fumiko Saiga, Japanese Ambassador in charge of Human Rights, was elected as an ICC judge in November the same year.

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(21) International Convention on the Elimination of all Forms of Racial Discrimination, Committee on the Elimination of Racial Discrimination, Seventy-second session, Summary Record of the 1862nd meeting held at the Palais Wilson, Geneva on 28 February 2008, Consideration of Reports, Comments and Information Submitted by States Parties under Article 9 of the Convention (continued), Fifth to Seventh periodic reports of Moldova (continued), CERD/C/SR.1862, 5 March 2008, http://www.un.org/Docs/journal/asp/ws.asp?m=CERD/C/SR.1862

26. His country's {Moldova) signing of the Rome Statute of the International Criminal Court had been significant for the Transnistria issue, given that one of its aims was to prevent armed conflict. With the help of a number of international human rights organizations, considerable work had been done to train human rights defenders in the provisions of the Statute. The regional branch of the International Committee of the Red Cross had also helped in disseminating information and working with the Government to bring domestic legislation into line with the corresponding provisions of the Statute, such as those concerning extradition and removal of immunity. A bill to ratify the Statute was currently before Parliament for its first reading, and ratification was expected in the spring of 2008. [...]

40. Mr. PETER said he looked forward to the ratification by Moldova of the Rome Statute of the International Criminal Court. [...]

41. Mr. DIACONU also welcomed the imminent ratification by the State party of the Rome Statute of the International Criminal Court. [...]