YouSaid · the spoken record

Arbour

lines on the record: 26
first: 2004-10-28
most recent: 2005-02-16
sittings or episodes: 2
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“Whatever the theoretical merit of that proposition, the findings of this Commission of Inquiry irrefutably demonstrate that there is no hope for sustainable peace in Darfur without immediate access to justice.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“I have written to the Government of Sudan with regard to these issues, and I have already appointed a Witness Protection Officer to follow up on any reports of threats or harassment of victims and witnesses perceived to have cooperated with the Commission. Last September, the Council took an important step towards bringing justice to the people of Darfur by requesting the establishment of an international commission of inquiry. The Commission has discharged its task with professionalism and integrity, and has placed before you a proposed course of action aimed at ending the brutality in Darfur, ensuring that perpetrators of atrocities are punished and recognizing the dignity of the victims. The pursuit of justice is often said to clash with the pursuit of peace.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“What is most urgently needed now are concrete measures to bring the current violence to an end and to restore security and dignity to the people of Darfur. The Commission, in my View, eloquently and powerfully argues that referral to the ICC is the best means by which to halt ongoing violations and to prevent future ones. As stressed by the Commission, there are other immediate actions to be taken that the Council may wish to note, including granting full and unimpeded access by the International Committee of the Red Cross and by United Nations human rights monitors to all those detained by the Sudanese authorities in relation to the situation in Darfur. The protection of witnesses and victims of human rights violations is urgently needed.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“With an already existing set of well- defined rules of procedure and evidence, the Court is the institution best suited for ensuring speedy investigations leading to arrests and demonstrably fair trials. In addition, the Commission urged that the Council act not only against the perpetrators, but also on behalf of the victims. It therefore proposed the establishment of an international compensation commission. Murder, torture, enforced disappearances, the destruction of villages, rape and forced displacement continue to be committed against the people of Darfur. Those crimes have been - and, it appears, continue to be - perpetrated on a widespread and systematic basis by Government officials and Janjaweed leaders or those under their command. Members of rebel groups are also responsible for war crimes.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“The Commission strongly recommended that the Security Council refer the situation in Darfur to the International Criminal Court (ICC). The Commission held the View that referral to the ICC was the only credible way in which to bring alleged perpetrators to justice, and it advised against other measures. Activated by Security Council referral, the ICC would be empowered to prosecute any persons for acts committed in Darfur that amount to any of the crimes listed under the Rome Statute. Designed in part for the purpose of addressing crimes that threaten international peace and security, the International Criminal Court could be activated immediately.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“In my view, any new initiative proposed by the Government of the Sudan today to address these crimes could not be supported in the light of the Commission's conclusions. In particular, the extent of involvement of Government officials - as documented by the Commission - would appear to foreclose such options. The Commission carefully considered a broad range of other accountability measures. For reasons I have outlined, the Commission also excluded the possibility of establishing mixed courts. Moreover, the Commission discounted the possibility of either establishing an ad hoc international tribunal or expanding the mandate of an existing tribunal. The Commission concluded that ad hoc measures would likely prove to be unduly time-consuming and expensive.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“Many of the laws in force in the Sudan today contravene basic human rights standards, and the Criminal Procedure Code contains provisions that prevent the effective prosecution of these crimes. In addition, many victims informed the Commission that they had little confidence in the impartiality of the Sudanese justice system and its ability to bring to justice the perpetrators of the serious crimes committed in Darfur, and many feared reprisals if they resorted to it. Despite the magnitude of the crisis, the Government informed the Commission of very few cases of individuals who had been prosecuted or even disciplined in the context of the situation in Darfur, which led the Commission to observe that the measures taken so far had been grossly inadequate and ineffective.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“The names of those suspects are contained in a sealed file that has been placed in the custody of the Secretary-General to be handed over to a competent prosecutor. In addition, the Commission handed to me a sealed file containing the evidentiary material it had collected, also to be delivered to a competent prosecutor. The Commission reviewed steps taken by the Sudanese Government and by judicial authorities to address those crimes, and it concluded that they were both unwilling and unable to act. It noted that the justice system had been significantly weakened during the past decade and that restrictive laws granting broad powers to the executive particularly undermined the effectiveness of the judiciary.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“It is, in my view, important to stress that nothing in the Commission's report precludes the possibility of individuals being convicted of acts of genocide in relation to the events in Darfur. Personal criminal responsibility is not determined by Government policy. Furthermore, the Commission stressed that its conclusion that no genocidal policy had been pursued should not be taken as in any way detracting from or belittling the gravity of the crimes perpetrated. Thirdly, the Commission identified 51 individuals suspected of having committed international crimes in Darfur. It decided to withhold their names from the public domain so as to respect the suspects' right to due process and to ensure the protection of witnesses from possible harassment or intimidation.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“Secondly, the Commission concluded that the Government of the Sudan had not pursued a policy of genocide; in other words, it did not find a demonstrated, specific intention, expressed as Government policy, to exterminate, in whole or in part, a national, ethnic, racial or religious group protected under the definition of genocide. However, the Commission recognized that only a competent court could determine, on a case-by-case basis, whether individuals, including Government officials, ordered or participated in atrocities motivated by the genocidal intent to exterminate a protected group, in which case they could be found guilty of the crime of genocide.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“Women and children were separated out, confined in a walled area and periodically taken away by their captors to be raped; some of them were subjected to gang rapes. As evidenced in the Commission's report, the case of Kailek is not unique in today's Darfur. With regard to the rebels, the Commission found credible evidence that members of the Sudanese Liberation Army and of the Justice and Equality Movement were also responsible for serious violations that may amount to war crimes. In particular, those violations include cases of murder of civilians and pillaging. However, the Commission did not find a systematic or a widespread pattern to those violations.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“Those acts took place on a very large scale and in a systematic manner, and may therefore amount to crimes against humanity. Consider the events in Kailek, a village in south Darfur populated mainly by people of the Fur tribe. Kailek and surrounding villages were attacked twice by Government forces and Janjaweed. Following the second attack, in March 2004, the villagers fled to the mountains, where they were hunted down by mounted Janjaweed. The military shelled the area and machine- gunned those in flight; some were captured and shot and killed. For a period of approximately 50 days, up to 30,000 people were confined in a small open area in Kailek. They were subject to the most abhorrent treatment. Some men were singled out and summarily shot. There were reports of people being thrown onto fires and burned alive.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“In addition to the material collected by the Commission itself, the Commission received information and evidence from a very broad range of sources, including Governments, non-governmental organizations and various international organizations. The Commission reported to the Secretary-General within three months, on 25 January 2005. Its findings are clear and thoroughly documented. First, the Commission found that large-scale war crimes and crimes against humanity had been committed by Sudanese Government officials and by the Janjaweed militia. In particular, the Commission found that Government forces and militias had, throughout Darfur, engaged in indiscriminate attacks against civilians, murder, torture, enforced disappearances, the destruction of villages, rape, pillage and forced displacement.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“The Secretary-General requested my Office to assist the Commission in its work. My Office created a secretariat composed, in all, of more than 30 persons, including legal and human rights officers supporting the day-to-day work of the commissioners, and field- based teams composed of criminal investigators - including some with backgrounds in the area of sexual violence - military analysts and forensic experts. The commissioners undertook two missions to the Sudan, including Darfur, as well as visiting relevant parties in Chad, Eritrea and Ethiopia. When the commissioners returned to Geneva following their first mission to the Sudan in November 2004, their investigative teams stayed in the country and remained on the ground - primarily in Darfur - for a total of eight weeks, until 19 January 2005.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“That is the context in which today's call for action needs to be understood. Following the adoption of resolution 1564 (2004), the Secretary-General appointed five outstanding international legal and human rights experts as commissioners. They brought with them a wealth of knowledge from different legal systems and expertise in international human rights, humanitarian and criminal law. The Council will recall that the Commission's mandate was, first, to investigate reports of violations of international humanitarian law and human rights law in Darfur by all parties; secondly, to determine whether or not acts of genocide had occurred; and thirdly, to identify the perpetrators of such violations with a view to ensuring that those responsible were held accountable.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“Ms. Arbour: The urgent need to stop the violence in Darfur is widely acknowledged. One way to reduce the carnage - not the only way, but a credible and legitimate way - is to remove from their positions those who orchestrate and execute it. The Security Council has taken the lead in this regard, through its call for the establishment of a Commission of Inquiry in resolution 1564 (2004). The findings of that Commission, which the Council has before it and which I shall highlight today, provide a blueprint for action. The Commission's recommendations are not merely of retrospective importance; their implementation will not only do justice for the victims of the massive crimes committed in Darfur, but may actually contribute to reducing the exposure of thousands of prospective victims.”
2005-02-16 · UN Security Council · Security Council, S/PV.5125 (2005) · source
“The women and young girls in the camps in Darfur are putting themselves at considerable risk to collect firewood, which not only provides them with cooking fuel but also allows trading opportunities upon which they can build a modest sense of autonomy and empowerment. In my view, their efforts will contribute to the reconstruction of their devastated country in no smaller measure than the attempts being made by the men engaged in the political negotiations in Naivasha and Abuja. I think that they should be supported accordingly.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“I also urge the Council to ensure that all future mechanisms for transitional justice created by the Council build on existing norms and standards and that they include judges and advisers with legal expertise on women's rights, ensure that prosecutors respect the interests and personal circumstances of women and girls who are victims and witnesses and take into account the special nature of gender-based crimes. Finally, I would urge the Security Council to use all its influence to generate the political will, as well as the financial support, to protect women's rights and to ensure women's access to justice, including through the rebuilding of a justice sector that is responsive to their needs.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“That should emphasize, in particular, the obligations to protect women and girls during conflict; to ensure the equal participation of women in peace negotiations, as well as in conflict prevention; to ensure access to justice for women; and to integrate a gender perspective into all peacekeeping and humanitarian activities. I urge the Council to combat impunity for gender- based violence by advocating training for security forces and law enforcement agencies in accordance with international humanitarian law and human rights law, and in particular in accordance with women's rights.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“The initiatives undertaken by the Secretary- General in that regard will go a long way to bringing clarity to the duties and obligations of all those involved in field operations on behalf of the United Nations. His efforts will no doubt ensure greater accountability. In addition, I urge the Council to engage actively on this issue with troop-contributing countries, insisting that undertakings be given that impunity will not be tolerated. On the fourth anniversary of the adoption of resolution 1325 (2000), I call upon the Council to provide explicitly, wherever relevant, for compliance with all aspects of resolution 1325 (2000).”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“Above all, there can be no tolerance for the sexual exploitation of vulnerable populations by those entrusted with their safety, whether peacekeepers, humanitarian personnel or other international staff. The Secretary-General has already set out the responsibility of senior managers and of every staff member of the United Nations to ensure that the presence of international organizations does not allow, encourage or lead to involvement in such human rights violations. Sexual predatory practice by international interveners cannot just be condemned as the isolated, deplorable actions of a few bad apples. The sexual exploitation of vulnerable women and children is a crime compounded by the gross abuse of power involved in its perpetration, and for which we must collectively take responsibility.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“In that context, we are now confronted with an invidious practice the scale of which has yet to be fully acknowledged and effectively addressed. Human trafficking makes women in situations of conflict, displaced and refugee women and asylum seekers particularly vulnerable. Life-threatening situations in the wake of conflict, including in refugee camps where protection is not always guaranteed, drive women and girls to seek alternatives for survival where they risk falling into the hands of traffickers who promise safe environments and job opportunities. It is therefore vital to develop and to implement anti-trafficking strategies that place the rights of the victims at their centre.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“The international community and national Governments must more effectively address impunity and the reconstruction of justice systems. The pressure for political agreement to resolve a conflict too often leads to a reluctance to bring perpetrators to justice. The reconstruction of effective justice systems rarely receives the financial support that goes to delivering humanitarian assistance or even to rebuilding physical and economic infrastructure. Support for the establishment of any justice system should involve women and should include gender-sensitive procedures. Women are invariably excluded from formal decision-making processes and peace negotiations, and yet their vision and contribution must be sustained since, without their full participation, efforts to reconstruct war-torn societies will be fundamentally flawed.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“Following the systematic sexual violence associated with the conflicts in the former Yugoslavia and Rwanda, precise legal standards were developed through the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda to confirm that such practices may amount to war crimes, crimes against humanity and acts of genocide. Those standards are now reflected in the Statute of the International Criminal Court. The violations women experience will never be dealt with appropriately until justice issues receive sufficient attention both nationally and internationally. For too long, consultation with women has been inadequate. Stereotypes and prejudices have unfairly stigmatized women victims.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“However, historically, they have been and continue to be on the receiving end of a special kind of oppression and abuse. That is particularly so in times of conflict, when the rule of force obliterates the rule of law. Conflict exacerbates gender-based violence and the likelihood of impunity that perpetrators commonly enjoy. Over the last 20 years, there has been increased international recognition of the seriousness of gender- based violence and a growing international commitment to ensuring accountability and redress.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source
“Mrs. Arbour: A few weeks ago, I briefed the Council on the situation in Darfur. On that occasion, I drew members' attention to the plight of women and to the many atrocities that they have suffered with very little immediate hope of bringing the perpetrators to justice. The very purpose of resolution 1325 (2000) is to address the needs of women and girls in crises such as that in Darfur. While progress has been made in implementing that resolution, Darfur is not the only conflict today where women continue to be subject to grave human rights violations, to be excluded from reconstruction efforts and to be refused access to justice. Therefore, I welcome the Security Council's willingness to engage in the promotion and protection of women's rights in conflict situations. Women do not seek a special kind of justice.”
2004-10-28 · UN Security Council · Security Council, S/PV.5066 (2004) · source