YouSaid · the spoken record

Intelmann

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28
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2010-10-26
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2012-10-17
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un-security-council

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  1. They also advocate for universal ratification of the Rome Statute, since that is the ultimate way to ensure accountability for international crimes. I call on all States that have not yet done so to ratify or accede to the Statute. Before concluding, allow me to offer some thoughts about victims. Victims are indeed at the very centre of the Rome Statute system. Successful investigations and prosecutions assist in restoring dignity to victims by acknowledging their suffering and help to create a historical record that protects against those who will seek to deny that atrocities occurred. Let us not fail those who have suffered as the result of criminal atrocities and look to us for help.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  2. After 10 years of existence, the Court and the States parties are engaged in a lessons-learned exercise to make the ICC and the whole of the Rome Statute system more efficient. That includes a consistent focus on cooperation with the ICC, including the execution of the more than 10 outstanding arrest warrants. After two referrals, it would be useful for the Security Council to establish a working group or a Rome Statute caucus to examine the practice of past referrals and the effectiveness of investigations stemming from them, and to look into the modalities for future referrals. Given the common goal of the Council and the Rome Statute, namely, the fight against criminal atrocities, I am sure that both the Council and the ICC would benefit from such an exercise. The States parties stand for the integrity of the Statute.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  3. That situation was not foreseen by the Rome Statute, which assumes, in its article 115, that the United Nations will reimburse the Court for the costs incurred as the result of referrals. The ICC is a relatively small court with a relatively limited budget. Budget discussions among States parties at the end of last year, shortly after the adoption of resolution 1970 (2011), showed that the present practice may not be sustainable. Effective cooperation and assistance by all States and international and regional organizations is essential for the ICC, and it was also essential for the tribunals previously set up by the Security Council. In future referrals, the Security Council might consider imposing an obligation to cooperate with the Court on all States Members of the United Nations.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  4. There should also be coordination between the sanctions committees and the ICC to ensure that frozen assets belonging to individuals can be claimed by the Court to finance the defence of individuals before the Court and, ultimately, reparations to victims. The Court would greatly benefit from a follow- up by the Council with regard to instances of non-cooperation. On that subject, I would like to mention that the Assembly of States Parties has in place its own mechanisms to follow up on instances of non-cooperation by States parties. The referral of situations to the Court by the Security Council creates a financial burden that has been borne entirely by States parties to the Rome Statute.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  5. While recognizing those achievements, we must also be conscious of the challenges faced by the Court with respect to the two referrals, which are a subject of continuous discussion among States parties. Allow me to share a few thoughts, bearing in mind the possibility of future referrals by the Council. The Security Council receives periodic reports from the Prosecutor concerning both of the situations it has referred to the ICC. Given their complicated nature, the Court, and indeed the Council itself, would greatly benefit from a more efficient and vigorous follow-up of the situations, including using the Council's sanctions mechanisms. In particular, the Council could consider imposing sanctions against individuals who are sought by the Court, especially when there are already appropriate sanctions committees in place.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  6. It is evident that the Council has recognized the contribution of the Court to the fight against impunity and to international peace and security. The Rome Statute system is first and foremost a consent-based arrangement. However, Article 13 (b) of the Statute enables the Council to refer situations to the Court, thereby extending the reach of the Court and making justice and accountability possible in States that are not parties to the Rome Statute. That represents a great opportunity to bring to justice perpetrators of crimes that would otherwise go unpunished. Resolutions 1593 (2005) and 1970 (2011) took crucial steps in the fight against impunity by referring the situations in Darfur and Libya to the ICC.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  7. I am speaking in my capacity as President of the Assembly of States Parties to the Rome Statute and as Estonia's Ambassador-at- large. I would like to join others in thanking Guatemala for having organized this timely and indeed long- awaited debate to look into the relationship between the Security Council and the International Criminal Court (ICC). In making this statement, Estonia aligns itself with the statement that will be delivered on behalf of the European Union. In recent years, issues of the rule of law and justice have gained prominence in the Council, becoming part of the mainstream of Council discussions. The fact that the Council has increasingly been able to refer to the Court's work in its resolutions and its presidential and press statements is indeed very welcome.

    2012-10-17 · UN Security Council · Security Council, S/PV.6849 (2012) · source

  8. Women are the largest group of victims of sexual violence, which is why the fight against impunity must be complemented by efforts to empower women to become actors in peace and security. For this reason, Estonia attaches great importance to implementing and further developing resolution 1325 (2000) and its follow-on resolutions in order to strengthen the role of women in conflict prevention, settlement and peacebuilding.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  9. When discussing sexual violence, let us not forget the burden borne by victims. Under the Rome Statue, victims of crime have the opportunity to participate in proceedings before the Court. Victims of sexual violence also require targeted assistance of the sort rendered by the Trust Fund for Victims established by the Statute. To name but one example, a project in the Ituri region of the Democratic Republic of Congo provides education, day care and basic health-care services to 67 girls who had been abducted by the armed forces and had borne children while in captivity. Whether through multilateral or bilateral development cooperation, it is important that donors remember the special needs of the victims of sexual violence.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  10. The Council has also recognized conflict-related sexual violence as a threat to international peace and security, condemning its use as a tactic of war. It is incumbent on the Council to react effectively to acts of sexual violence when it is likely that they amount to the most serious crimes under international law. Council action should be based on credible reports, including those of the Secretary-General. The use of accountability mechanisms, including referrals to the International Criminal Court and the use of targeted sanctions against those responsible for rape and other forms of sexual violence, in accordance with resolution 1960 (2010), are but two of the tools available. It would be remiss of the Council not to make use of such tools if the circumstances so demand.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  11. While the Court cannot deal with all instances of sexual violence, it has nevertheless proven itself to be a powerful tool for bringing those responsible for the gravest such crimes to justice. The nexus between the United Nations and the ICC in the fight against sexual violence is very clear. The Court is active in six of the situations highlighted in the Secretary-General's report, whether through preliminary examinations, investigations or prosecutions. However, the Rome Statute limits the Court's reach to its States parties, and to crimes committed after 1 July 2002. Crimes falling outside those two criteria are the specific responsibility of the States concerned and, where necessary, of the Security Council, for, as the preamble to the Rome Statute reminds us, grave crimes threaten the peace, security and well-being of the world.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  12. It did so in a way that makes their prosecution a practical possibility. The importance of implementing those provisions is further illustrated by the obligation of the Prosecutor to take into account the nature of a crime, in particular where it involves sexual violence, gender violence or violence against children. In the brief history of the Court, the Office of the Prosecutor has brought charges for sexual violence against 13 of the 27 individuals for whom he has requested warrants of arrest or summonses to appear, charging sexual violence as a war crime, a crime against humanity and an act of genocide. Indeed, as International Criminal Court (ICC) Prosecutor-Elect Fatou Bensouda has stated, the most striking quality of the pursuit of gender crimes by the Court to date has been their centrality to every prosecution so far.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  13. Sexual violence can be a crime of international concern, especially if it is part of a widespread or systematic campaign and can therefore constitute a war crime, a crime against humanity or even an act of genocide. The need to ensure accountability for such crimes is self-evident. International tribunals have long been at the forefront of the fight against impunity for such crimes. The International Criminal Tribunal for Rwanda, for example, recognized rape as an act of genocide for the first time in history in 1998. The Rome Statute, adopted earlier that very year, represented a tremendous step forward by incorporating, for the first time and explicitly in an international legal framework, sexual violence such as rape, sexual slavery, enforced prostitution and forced pregnancy.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  14. Allow me to begin by aligning myself with the statement delivered by the observer of the European Union and by thanking you, Sir, for convening this debate. I would also like to thank the Secretary-General for his report (S/20l2/33) and the Special Representative of the Secretary- General on Sexual Violence in Conflict for her statement. We strongly support the mandate of the Special Representative, including the requirement to provide periodic statements as important updates on the state of sexual violence in conflicts around the world. Special Representative Wallstrom has been an important advocate for the fight against conflict-related sexual violence, and we especially appreciate her focus on the accountability dimension.

    2012-02-23 · UN Security Council · Security Council, S/PV.6722Resumption1 (2012) · source

  15. That is why we support and highly value EU cooperation in the field of rule of law with its eastern neighbours in the framework of the Eastern Partnership. We are also actively involved in several EU civilian crisis- management operations with a focus on the rule of law.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  16. It is important to maintain focus on gender equality and the empowerment of women in broader rule of law activities. I hope that the high-level meeting on the rule of law to be held by the General Assembly in September will provide new impetus to these discussions. In conclusion, I would like to say that Estonia is firmly committed to the international order based on international law, including human rights law and the rule of law. Estonia has become an international donor and the rule of law enjoys a prominent place in our development cooperation strategy. Estonia has created a stable and fruitful basis for cooperation with many of our partner counties by sharing our recent experience of social, political and economical reforms.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  17. Here again, interaction with the United Nations system is of great value. Resolution 1325 (2000) and other Council resolutions on women, peace and security and on children in armed conflict should remain high on the agenda of the United Nations. We are concerned by continued reporting about mass rapes as a method of war and the very low numbers of perpetrators who have been brought to justice. The only way to remedy this situation is to ensure that all national jurisdictions are able to investigate and prosecute the worst crimes under international law. Considering that the Council has recognized that conflict-related sexual violence is a legitimate threat to international peace and security, we hope that it will remain actively engaged with the matter.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  18. Recently, two findings of non-cooperation were referred to the Security Council by the Court. Continuing international focus on cooperation with the International Criminal Court and international tribunals is of the utmost importance if the quest to end impunity is to be credible and successful. The face of those suffering from atrocious international crimes is very often that of the most vulnerable - women and children. Addressing the plight of victims through broader community programmes, including education, is one of the activities the Court has undertaken. These activities, funded by voluntary contributions, target affected communities and help in healing, while making a contribution to a deeper change in society by helping them regain their dignity and rebuild their communities.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  19. I am very glad to say that there is an ongoing dialogue between the Court, the Assembly of States Parties and the United Nations concerning that issue. While combating impunity, the ultimate goal is preventing the commission of crimes in the first place. The ability of the Court to fulfil its functions also depends on the ability and resolve of States parties and other States to offer their cooperation. There are still a number of outstanding arrest warrants. States parties are constantly working through their Bureau and their President to ensure full cooperation with the Court, especially in the crucial area of the execution of arrest warrants. The Security Council has referred two cases to the ICC, and in these cases, too, arrest warrants are outstanding.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  20. As efforts towards achieving the universal ratification of the Rome Statute continue, the need to work on strengthening national jurisdictions to be able to prosecute crimes under the Rome Statute is becoming more and more acute. The Court and States parties are carrying out important activities in support of countries in need. It is clear, however, that, if we want to succeed, the ability to prosecute international crimes must become an integral part of the broader rule of law activities of all major development actors. The United Nations system is well placed to play a major role in that endeavour. Our joint efforts to provide assistance for developing national capacities to cope with crimes under the Rome Statute would strengthen national justice systems as a whole.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  21. The relationship between the Court and the United Nations is of crucial importance in many ways. The year 2012 marks the tenth anniversary of the Court. By now, the institution has an established reputation and a respected role in the international arena. In 1998, States agreed to create a permanent International Criminal Court as the court of last resort to end impunity for the most heinous international crimes. They also agreed to assume, on a national basis, primary responsibility for bringing perpetrators of such crimes to justice. At present, 120 States are parties to the Rome Statute. The campaign for the universality of the Statute is ongoing; it is supported by the States parties, regional actors and the United Nations.

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  22. First of all, let me congratulate South Africa upon its assumption of the presidency this month and thank it for organizing today's debate. Estonia aligns itself with the statement made by the observer of the European Union (EU). We welcome the increased focus that the United Nations is placing on the rule of law and justice through discussions here in the Security Council, in the General Assembly and through the concrete activities that the United Nations system is undertaking. In the light of recent profound political changes in many parts of the world, and of new threats to international peace, it is even more important that the rule of law remain on the agenda of the United Nations. My statement today is mainly about the International Criminal Court (ICC).

    2012-01-19 · UN Security Council · Security Council, S/PV.6705Resumption1 (2012) · source

  23. We support the call to include sexual violence as a priority element in resolutions mandating Security Council sanctions committees, which should include sexual violence as a criterion for the designation of individuals for targeted measures. Finally, let me note our appreciation of the work of Ms. Margot Wallstrom, the Special Representative of the Secretary-General on Sexual Violence in Conflict, and offer my congratulations to the new Under- Secretary-General in charge of UN Women, Ms. Michelle Bachelet, whose leadership in this role will be of crucial importance to the implementation of resolution 1325 (2000). I would also like to refer to the vital role of the Civil Society Advisory Group in facilitating the discussions on the further implementation of resolution 1325 (2000), as well as the work of the Group of Friends led by Canada.

    2010-10-26 · UN Security Council · Security Council, S/PV.6411Resumption1 (2010) · source

  24. We further welcome the call for the development of a strategic framework to guide United Nations implementation of the resolution in the next decade, which would include concrete targets and indicators to ensure the consistency and systematic evaluation of this process. The establishment of a working group to review the progress made would, alongside a set of global indicators, also contribute to more thorough analysis and the definition of further goals with regard to women and peace and security. Estonia strongly condemns grave violations of the rights of women and girls, including targeted sexual violence, and supports measures to combat impunity for these crimes.

    2010-10-26 · UN Security Council · Security Council, S/PV.6411Resumption1 (2010) · source

  25. In Afghanistan, for instance, our projects have been aimed at supporting women's access to health care and education. Finally, Estonia continues to actively support the implementation of resolution 1325 (2000) in the European Union, NATO and the Organization for Security and Cooperation in Europe (OSCE). Estonia's action plan is a common commitment taken by a broad range of stakeholders, including governmental institutions and civil society organizations. Its implementation will be monitored jointly on the basis ofa set of indicators. Estonia welcomes the steps to increase coherence and accountability in implementing resolution 1325 (2000), including taking forward the set of indicators to track its implementation, and calls for their swift operationalization.

    2010-10-26 · UN Security Council · Security Council, S/PV.6411Resumption1 (2010) · source

  26. First, it includes steps to increase gender-related expertise, as well as general awareness and support for the inclusion of a gender perspective in crisis management at all levels through enhanced training. Secondly, the plan includes measures to expand the possibilities for women's participation in international civilian and military missions and for increasing the share of women occupying posts related to peace and security. These include analysis of the variables influencing women's participation in military, police and international missions and targeted information and recruitment campaigns, to name but two. Thirdly, gender equality and the promotion of the situation of women and girls continue to be among the priorities of Estonia's development cooperation and humanitarian activities.

    2010-10-26 · UN Security Council · Security Council, S/PV.6411Resumption1 (2010) · source

  27. I have the pleasure to note that last week Estonia adopted its national plan for the implementation of resolution 1325 (2000). Over the next four years, the plan will help systematize and enhance our activities both at the national level and in regional and international organizations. Estonia, as a Member of the United Nations and a number of regional organizations, continues to expand its contribution to international peace and security. We continue to participate in international civilian and military operations and to contribute to development cooperation and humanitarian assistance. The action plan that I just mentioned contains commitments with regard to the inclusion of the gender perspective in these activities.

    2010-10-26 · UN Security Council · Security Council, S/PV.6411Resumption1 (2010) · source

  28. The Security Council debate today and the numerous initiatives related to resolution 1325 (2000) all over the world confirm that women are no longer an invisible or irrelevant aspect of armed conflicts. Women have the right to be protected in conflicts and can and should be able to contribute to peace processes. However, despite the progress made since 2000, these principles still need to be better translated into reality at the global, regional and national levels. Estonia is committed to the implementation of resolution 1325 (2000) and its follow-up resolutions, and my delegation would like to align itself with the comments and commitments to be made on behalf of the European Union and with the statement made earlier by the Minister of International Cooperation of Canada on behalf of the Group of Friends.

    2010-10-26 · UN Security Council · Security Council, S/PV.6411Resumption1 (2010) · source