YouSaid · the spoken record

Mochochoko

lines on the record
25
first
2000-07-27
most recent
2012-10-17
sittings or episodes
2
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un-security-council

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  1. But once its judicial process has resulted in requests for and the issuance of arrest warrants by the Court's judges, it is up to the international community, through the Council, to act. We must find the necessary consensus to show that we are serious about the threat that these serious crimes pose to international peace and security and that we have and will use the tools necessary to put those crimes to an end.

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

  2. Increasing the political and diplomatic support of the Council for the Court is essential, and the Council can do so through its declaratory statements recalling the need to observe applicable norms of international law and stressing the importance of accountability for those most responsible for serious violations of the rules. Additionally, such tools as avoiding all non-essential contacts with ICC suspects in order to achieve the arrest of these individuals need to be further explored and deepened. A new chapter should be added to our relationship. The Office of the Prosecutor can make a substantial contribution by proactively collecting information and monitoring situations under preliminary examination, and by investigating and prosecuting those most responsible for serious crimes.

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

  3. Those efforts must be replicated in other situations. The failure of States to implement ICC arrest warrants is also reflected in the failure to implement Security Council resolutions relating to cessation of violence, disarming parties to a conflict, ensuring an end to impunity through local initiatives, and other relevant obligations. The relationship between those two obligations must be explored further. True peace and justice rely on the acceptance of Security Council resolutions as the binding legal obligations that they are.

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

  4. Given that the commission of massive crimes can threaten international peace and security, the Security Council can complement the Office's preventive efforts. Let me now briefly look forward to how the relationship between the Security Council and the Office of the Prosecutor can be strengthened. The Council has already referred two situations involving the commission of massive crimes to the Prosecutor, and the Prosecutor regularly reports back to the Council on those matters. The Council and the Office should together seek more constructive strategies for attaining their mutual goals. We are encouraged by recent efforts of regional organizations, and would like to mention in particular the multilateral efforts to bring to justice the leaders of the Lord's Resistance Army, including Joseph Kony.

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

  5. For the Office, the preventive role is foreseen in the Rome Statute preamble and reinforced in the Office's prosecutorial strategies. In fact, the preamble makes clear that prevention is a shared responsibility in that it provides that States parties are "determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes". The Office of the Prosecutor will make public statements referring to its mandate when violence escalates in situations under its jurisdiction. It will visit situation countries to remind leaders of the Court's jurisdiction. It will also use its preliminary examinations activities to encourage genuine national proceedings, and thereby attempt to prevent the recurrence of violence.

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

  6. The role of the ICC has never precluded or put an end to such processes; in some cases, it has even encouraged them. The policy of the Office is to pursue its independent mandate to investigate and prosecute those few most responsible and to do so in a manner that respects the mandates of others and seeks to maximize the positive impact of the joint efforts of all. To pursue its judicial mandate and preserve its impartiality, the Office cannot participate in peace initiatives, but it will inform the political actors of its actions in advance so that they can factor investigations into their activities. Finally, both the Security Council and the Office of the Prosecutor have a clear preventive mandate. Prevention is key to all our efforts.

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

  7. Next year, we will celebrate the twentieth anniversary of the creation of the International Criminal Tribunal for the Former Yugoslavia by the Council. It was in 1993 that the Council revived the notion of international criminal justice, after a long silence following the Nuremberg and Tokyo trials. The Council was thus a source of inspiration for the establishment of the ICC. Secondly, both the Council and the Office of the Prosecutor have a role to play in strengthening the complementary relationship between peace and justice. From the Office of the Prosecutor's perspective, there is no dilemma or contradiction between peace and justice. In most situations before the Court, conflict management and, often, specific peace negotiations were under way while investigations and prosecutions were proceeding.

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

  8. While the Security Council has been given the primary responsibility to maintain international peace and security, the mandate of the Office of the Prosecutor is to ensure accountability for the most serious crimes of concern to the international community as a whole. Some might construe that as a source of tension between the two organs. In our view, the respective mandates link us together. The fight against impunity, to which both organs are committed, is an essential contribution to the quest for world's peace and security. That is also recognized in the Rome Statute's preamble, which notes that "such grave crimes threaten the peace, security and well- being of the world". Indeed, the Security Council was instrumental in ushering in what the Secretary-General has called "the age of accountability".

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

  9. Once the Security Council decides to refer a situation to the Prosecutor, the judicial process has been triggered and the matter is fully in the hands of the Prosecutor and the Judges. The only way to stop the procedure is by legal means, namely, by invoking article 16 of the Rome Statute. Efforts to interfere with the independent exercise of the Office's mandate would only serve to undermine the legitimacy and credibility of the judicial process, thus giving credence to allegations of politicization of the process. The second area I would like to highlight involves what we have in common. First, there is the matter of our respective mandates.

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

  10. The Rome Statute provides for a legal process for the preliminary examination, investigation and prosecution of situations referred by States or the Security Council, as well as for judicial review, during which situations may be rejected if they fail to satisfy statutory legal criteria for opening an investigation. Simply put, the Council may unilaterally trigger, but cannot impose acceptance of jurisdiction by the Office of the Prosecutor. Perceived or real political selectivity on the participation of the Council is further constrained because referrals encompass a situation rather than one or several particular suspects or groups. It is important to underscore the need to respect the Office of the Prosecutor's independence at all times.

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

  11. Allow me to highlight three areas, looking at them from the Office of the Prosecutor's perspective. First, a key difference between our two organs is that the Security Council is a political body within the UnitedNations system, while the Office ofthe Prosecutor is an independent organ within an independent judicial institution, which has to adhere to clear legal criteria and jurisdictional boundaries at all times in order to maintain its legitimacy and credibility. We are all too familiar with frequently raised concerns about the politics of case selection as a result of Security Council referrals. Incidentally, the same concerns can be raised with regard to State referrals. What many forget or overlook is that for both types of referrals, the Rome Statute provides clear guidelines that protect the independence of the judicial process.

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

  12. The Council is also addressing the link between sexual violence and conflict, and is monitoring new situations involving the alleged commission of massive crimes. It is evident from the foregoing that the relationship between the Office of the Prosecutor and the Council could be nurtured and strengthened by extending our interaction beyond specific situations referred by the Council to the Prosecutor and by creating space for open discussions on thematic issues. Such dialogue is crucial, as both the Security Council and the Office of the Prosecutor are committed to preventing mass atrocities which constitute a threat to international peace and security. The evolving relationship between the Council and the Court is not without complexities, given our different mandates and organizational structures.

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

  13. We investigate war crimes, crimes against humanity and genocide in a number of countries that also have the close attention of the Security Council. At the same time, the Security Council is working on many issues that relate to the mandate of the Office of the Prosecutor, including, for instance, efforts to end the use of child soldiers, as was recently taken up by the Security Council in its open debate on children and armed conflict (S/PV.6838) and resolution 2068 (2012) adopted at that meeting, under the auspices of the German presidency. Those efforts coincide with the completion of the first ICC trial and its verdict on the use of child soldiers. Furthermore, the Security Council discusses issues of peace and security and authorizes peacekeeping missions in situations where the Office of the Prosecutor is operating.

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

  14. The Office of the Prosecutor welcome the concept note (S/20l2/73l, annex) circulated by the Guatemalan presidency in preparation for this meeting. The note clearly articulates some of the key principles regarding the relationship between the Security Council and the Court, and raises important points for discussion. The respective mandates of the two bodies - the pursuit of individual criminal accountability and the pursuit of international peace and security - are at the heart of the relationship. The significance of today's debate can thus not be overstated. As President Song has already mentioned, the Office of the Prosecutor is currently working on two situations referred by the Security Council to the Office of the Prosecutor - the situations in Darfur and in Libya.

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

  15. Mr. Mochochoko: Allow me to start by thanking you, Sir, the Guatemalan presidency and the Security Council for convening this very important meeting, the first ofits kind. This meeting comes at a very opportune time as the International Criminal Court (ICC) celebrates 10 years of existence. I would also like to convey, on behalf of the Prosecutor, Ms. Fatou Bensouda, her greetings and her apologies for not being here today. The Office of the Prosecutor considers today's exchange with the Council to be crucial, given that both the Council and the Office of the Prosecutor are committed to preventing mass atrocities, which can constitute a threat to international peace and security. Indeed, this debate offers an opportunity to reflect on issues of mutual concern and interest between our two bodies.

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

  16. In conclusion, we wish to pay a well-deserved tribute to Ambassador Fowler for ably chairing the sanctions Committee and for his efforts in ensuring the effectiveness of sanctions against UNITA. While we are saddened by his departure, we wish him every success as he embarks on what will no doubt be another challenging journey in his career.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  17. We cannot but share the View expressed by the Executive Director of the United Nations Children's Fund (UNICEF), Ms. Carol Bellamy, that while crises in other parts of the world have received an immediate and generous response from both the public and the media, relatively little attention has been paid to a similar crisis in Angola, one of the many in Africa, where, as the report shows, thousands of people continue to be displaced from their homes, tortured and killed on a daily basis. We can thus do no more than reiterate appeals for international assistance to the Government of Angola to help it address the serious humanitarian and development crises facing that country and its people.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  18. Efforts by the World Health Organization (WHO) and De Beers to harness the further spread of the polio epidemic will not bear much fruit as long as war continues to force thousands of people to leave the hinterland for sanctuary in already overcrowded cities. Resettlement plans for thousands of displaced people should be put in place at the same time that the immunization campaign is intensified. It should now be clear to all of us that for as long as the war in Angola continues, the needs of the Angolan people will continue to grow. Not only is the Angolan economic infrastructure in turmoil as a result of over 30 years of war, but the country has the highest number of landmines and landmine victims. Human rights abuses are rife, and so is poverty.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  19. The Government of Angola thus needs to take the necessary steps to mobilize financial resources for the purchase of equipment and raw materials as well as for the rehabilitation of irrigation and drainage systems. Donor community support for revitalizing the coffee industry in Angola will no doubt be a vital catalyst for creating an economically sustainable income for thousands of families in Angola, thus bringing about much-needed change in this war-torn country. It should be a source of concern that health conditions in Angola have dramatically deteriorated, with a number of preventable diseases, such as polio, bringing death and suffering to an ever-increasing number of people.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  20. Unless the international community responds urgently and generously by making funds available to pay for the cost of airlifting supplies, it will not be possible to avoid the imminent human catastrophe in Angola. While there is no doubt that displacement and the threat of landmines have kept farmers from producing crops, thus exacerbating famine and intensifying the humanitarian situation, other problems are structural in nature and thus need to be resolved through reforms and longer-term development programmes. Now that the Government has regained control of large parts of the country, prospects for the farming community to revive the agricultural industry, particularly the once-vibrant coffee industry, have been enhanced.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  21. Ross Mountain, violence and insecurity continue to prevail in many parts of Angola, as a result of which the humanitarian situation has deteriorated. Reports of attacks on civilian vehicles, in particular on those of relief agencies, resulting in deaths, injuries and the destruction of property, have forced the World Food Programme and other agencies to abandon distribution of aid by land and to resort to airlifting all supplies, which is considerably more expensive. In this regard, we note that the response to the United Nations Consolidated Inter-Agency Appeal has so far been poor and that while contributions have been made for food, very little funding has been received.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  22. It was thus a matter of concern to witness some delays in the establishment of the monitoring mechanism envisaged in resolution 1295 (2000), as these delays assured Savimbi of his continued resource base. We accordingly applaud the establishment of this mechanism, the effect of which will be to further tighten the noose around Savimbi's neck, forcing him to return to dialogue, peace and reconciliation. The people of Angola have been hungry for peace and stability for a long time, but despite their calls for the cessation of hostilities, and despite efforts by, among others, the Secretary-General's Adviser for Special Assignments in Africa, Under-Secretary Ibrahim Gambari; the Secretary-General of the Organization of African Unity (OAU), Mr. Salim Ahmed Salim; and the Director of the Office of the Coordination of Humanitarian Affairs, Mr.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  23. While the people of this richly endowed country have suffered economically and otherwise over the years, Savimbi and UNITA have gained from the continuation of the conflict, which they have fuelled by exploiting Angola's natural resources. One would have thus expected that following the Council's adoption of resolution 1295 (2000) in April and the introduction of tougher measures to restrict UNITA's access to international markets for illegal exports of diamonds and import of fuels and ammunition, the situation in Angola would have changed for the better. Unfortunately, the report before us today does not contain much evidence of a change for the better. This calls for even more strenuous efforts by this Council and the international community to strengthen the monitoring mechanism for the implementation of resolution 1295 (2000).

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  24. Over the years, the international community and the Council have stood by as the people of Angola endured untold suffering and hardship, including serious human rights violations, the conscription of child soldiers, and the murder and maiming by landmines of civilians at the hands of Jonas Savimbi and UNITA. Current estimates put the death toll in Angola at close to 1 million. There are over 2 million internally displaced persons, and thousands of refugees have fled to neighbouring countries. The single motivating factor that has caused Savimbi to continue the civil war in Angola and to refuse to heed the Council's numerous resolutions is greed for power and for the economic wealth of Angola.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source

  25. Madam President, let me begin by commending you for your leadership of the Council during the month of July. I welcome the opportunity to address the Council as it considers yet again the Secretary-General's report on Angola. We join previous delegations in welcoming Minister Malungo and in thanking Ambassador Gambari for his introduction of the Secretary-General's report. We are all aware of the situation that has prevailed in Angola since 1998, when UNITA was discharged from the Government of National Unity and Reconciliation, followed by the return to conflict and the subsequent withdrawal of the United Nations peacekeepers from the country.

    2000-07-27 · UN Security Council · Security Council, S/PV.4178Resumption1 (2000) · source