UNGA: ANNUAL REPORT OF THE INTERNATIONAL CRIMINAL

UNCLAS USUN NEW YORK 001067 SIPDIS E.O. 12958: N/A TAGS: PREL UNGA SUBJECT: UNGA: ANNUAL REPORT OF THE INTERNATIONAL CRIMINAL COURT (ICC) IN THE UN 6QGENERAL ASSEMBLY REF: 07 USUNNEWYORK 969 ¶1. Summary: President of the International Criminal Court (ICC),Judge Philippe Kirsch, presented the ICC's annual Report (A/63/471) to the General Assembly on October 30. Kirsch outlined the Court's progress in the four situations before it last year. Kirsch called for increased ratification of the ICC statute and urged States to cooperate in the process of executing warrants. In the debate, many Member States also called for increased cooperation. Sudan's statement detailed objections to the warrant issued for the arrest of the Sudanese President. Paragraph 10 lists all the countries that gave interventions. End Summary. SITUATION IN THE DRC -------------- ¶2. In the situation in the Democratic Republic of the Congo (DRC),the Trial Chamber decided that a fair trial was not possible for Mr. Thomas Lubanga due to non-disclosure by the Prosecutor of potentially exculpatory evidence. The Trial Chamber ordered Lubanga's release. The Appeals Chamber upheld the decision to suspend trial proceedings, but remanded the issue of Lubanga's release to the Trial Chamber. The Prosecutor has submitted a new application to the ICC after working with the providers of the potentially exculpatory evidence to lift confidentiality restrictions. Both the decision on Lubanga's release and the Prosecutor's new application are before the Trial Chamber. ¶3. The DRC surrendered Mathieu Ngudjolo Chui to the Court in February of this year. The ICC jointly considered Chui's case with that of Germain Katanga, confirming seven charges of war crimes and three charges of crimes against humanity against each of them. In October 2008, the cases of Chui and Katanga were transmitted to a new Trial Chamber, which is preparing their trial. PROGRESS IN OTHER SITUATIONS -------------- ¶4. The court has issued requests for arrest and surrender for seven individuals in the situations in the DRC, Uganda, and Sudan. Kirsch emphasized that cooperation and support from other States and international organizations is indispensable. The ICC has begun preparations for a hearing on the charges against Jean-Pierre Bemba on the situation in the Central African Republic, although no date has been set. In all the cases, the Prosecutor's investigations continue. The Prosecutor has indicated that he is also looking into situations concerning Colombia, Georgia, Afghanistan, Cote d'Ivoire and Kenya. STATE COOPERATION ESSENTIAL FOR THE ICC -------------- ¶5. Reflecting on the past and future of the ICC, Kirsch noted that the Court does not displace existing national or international mechanisms. Rather, the ICC was created to complement national jurisdictions. He commended the fact that States have trusted the Courts to investigate and prosecute crimes. The court has not yet had to initiate an intervention. Furthermore, Kirsch observed that States have cooperated in surrendering suspects, protecting victims and witnesses, and providing information. These efforts have helped the ICC enter a climate of support and respect. ¶6. Kirsch concluded that the ICC must fulfill its mandate to achieve long-term success. The ICC will work to that end by ensuring judicial independence and impartiality while striving for efficiency and transparency. However, Judge Kirsch added that the system could only work if all parties contribute. He said that universal ratification is necessary for the Court to exercise global jurisdiction. States must continue to cooperate and execute warrants of arrest. Kirsch also warned that statements by States and, in some instances, silence, could have a significant impact on the ICC's respect and effectiveness in the global community. MEMBER STATES ALSO CALL FOR COOPERATION -------------- ¶7. Most speakers echoed Kirsch's call for Member State cooperation with the ICC, although Lesotho argued that some countries use universal jurisdiction to target "certain African leaders" and to meet their own political ends. Many States expressed concern over the seven arrest orders that had not been executed. CARICOM noted that States had an obligation to implement legislation domestically that gave full effect to their responsibilities under the Rome Statue. Liechtenstein's representative pointed out that a States' duty to cooperate with investigations stems not only from the Rome Statute, but also from Security Council resolutions, such as 1593 (2005). He continued that the principle of cooperation was firmly rooted in the UN Charter. However, Kenya observed that jurisdiction is treaty-based and relies on compliance of State parties. As an example of cooperation, Ghana said that the African Union had included in its Constitutive Act the right of Member States to intervene in crimes against humanity . SUDAN'S OBJECTIONS TO THE ICC -------------- ¶8. Sudan called the issuance of an arrest warrant for the President of Sudan "political intrigue" undermining the country's dignity. The Sudanese representative added that his country is not party to the Rome Statute and the ICC should not try to impose obligations on non-parties. Meanwhile, crimes against humanity occurring throughout the Middle East and Asia go unpunished. (Note: At one point, the representative said Iraq and Afghanistan, however, for most of the intervention he used "Middle East and Asia." End Note.) ¶9. Nigeria urged States not to politicize the situation in Darfur, Sudan. Conversely, Japan and the European nations urged the Sudanese Government to cooperate with the Court. ¶10. The following delegations gave interventions on the Report of the ICC: France (on behalf of the EU),Trinidad and Tobago (on be half of the CARICOM),Australia (also on behalf of Canada and New Zealand),Argentina, Cuba, Ghana, Japan, Kenya Lesotho, Liechtenstein, Mexico, Nigeria, Norway, Peru, Senegal, Sudan, Switzerland, Uganda, and Venezuela. Khalilzad