GENERAL ASSEMBLY DEBATES INTERNATIONAL CRIMINAL

UNCLAS USUN NEW YORK 000969 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PHUM PREL UNGA UNSC SUBJECT: GENERAL ASSEMBLY DEBATES INTERNATIONAL CRIMINAL COURT REPORT ¶1. BEGIN SUMMARY: Judge Philippe Kirsch, President of the International Criminal Court (ICC),presented the Court's annual report at a meeting in the plenary of the General Assembly on November 1, 2007. He briefly outlined recent developments at the Court and spoke about the importance of continued cooperation from Member States and the United Nations. Twenty-one delegations delivered statements, the majority of which expressed support for the ICC and called for universal ratification of the Rome Statute. Many speakers specifically urged Sudan and Uganda to cooperate with the ICC in executing arrest warrants. END SUMMARY. ¶2. In his address to the General Assembly on November 1, Judge Kirsch indicated that the ICC is fully operational and is on the verge of its first trial, with the confirmation of war crimes charges against Thomas Lubanga Dyilo of the Democratic Republic of the Congo (DRC) and the surrender of Germain Katanga, also of the DRC. With respect to the situation in Sudan, which was referred to the Court by the Security Council, Judge Kirsch reported that the two arrest warrants the ICC has issued have not been executed. Similarly, Judge Kirsch said that four outstanding arrest warrants remain for individuals connected to the Lord's Resistance Army in Uganda. He called for the continued support and cooperation of Member States, including non-States Parties to the Rome Statute, and of the UN more broadly, to meet the Court's objectives. ¶3. Following Judge Kirsch's statement, Member States took the floor. Portugal (on behalf of the European Union), Trinidad and Tobago (on behalf of CARICOM),New Zealand (on behalf of Canada, Australia, and New Zealand),Liechtenstein, Vietnam, Switzerland, Cuba, Norway, Peru, Sierra Leone, Argentina, Croatia, Serbia, Republic of Korea, Jordan, South Africa, Mexico, Kenya, Ecuador, Japan, and Uganda all made statements. The majority of speakers underscored the contribution of the ICC in combating impunity and called on Member States to support the Court's efforts, particularly by assisting in the arrest of suspects. Toward that end, several speakers specifically urged Uganda and Sudan to cooperate with the Court, and a few delegations emphasized Sudan's relevant obligations under SC Resolution 1593 (2005). ¶4. In response to other delegations' statements, Uganda emphasized the country's commitment to the ICC and clarified that "none of the indicted individuals is on Uganda's territory" so "it should not be taken as if Uganda has control over the indictees and is refusing to hand them over for trial." Sudan, exercising its right of reply, called SC Resolution 1593 a political tool to promote a particular agenda and questioned why daily violations of justice are otherwise ignored. Sudan further stated that because it is not a party to the Rome Statute, the ICC has no jurisdiction to try Sudanese nationals. ¶5. Additionally, many speakers expressed a desire for universal ratification of the Rome Statute and an increasing level of UN-ICC cooperation. Several speakers also said a clear definition of the crime of aggression is necessary. ¶6. Cuba expressed dissatisfaction that the United States had denied its officials visas to travel to Princeton earlier this year for an informal meeting of ICC delegations on the crime of aggression. Cuba also criticized the United States for entering into Article 98 agreements, and it also questioned the independence of the ICC because of its relationship to the SC. (Comment: The United States did not respond to Cuba's allegations. The U.S. has explained in the Host Country Committee and in an official UN document that it had no obligation to permit the travel to Princeton. End Comment.) Khalilzad