YouSaid · the spoken record

Obrien

lines on the record: 875
first: 2010-06-29
most recent: 2017-08-30
sittings or episodes: 46
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

“The challenges in achieving this goal include the large number of suspects, the fact that any judicial mechanism would be addressing a symptom of the situation in Somalia, not its causes, and the lack of any defined completion date for the mechanism's work. It is for these reasons that sufficient political and financial commitment by States would be necessary not only to establish a new mechanism but also to sustain it. Turning to the options set out in the report, the first is one that is already ongoing through the work of UNODC, UNDP and others to assist prosecutions and imprisonment in regional States. In the report we identify a number of actions which the Security Council may wish to consider to enhance the important role that the United Nations is already playing. Option 2 draws on the example of the Lockerbie court.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“To assess the feasibility of any of these options would require dialogue with an identified host State to determine its wishes and needs, and to determine what form United Nations participation could most effectively take. 5 Second, given the large number of suspects being detained at sea by naval forces, it is clear that putting in place adequate prison arrangements is equally as important as considering the options for prosecution. It is only fair to say that the potential size of the piracy- related prison population and the fact that most of the suspects are not nationals of the prosecuting States contribute to the difficulties associated with finding a potential host State. Third, the Council's request emphasizes the important goal of achieving and sustaining substantive results.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“Clearly, apprehension, detention, prosecution and imprisonment must all take place in accordance with a State's international human rights and other obligations. The Secretary-General has identified seven options for furthering the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea. Before describing these options, I should underline some of the important preliminary matters that the Secretary-General identified in the introduction to his report. First, in the absence of a host State for a potential judicial mechanism, the report analyses the options in a general way, setting out the advantages and disadvantages of each, as well as information related to the time and resources necessary to achieve and sustain substantive results.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“It is the broadest possible legal basis for States to exercise jurisdiction under international law. Any State may seize a pirate ship or a ship under the control of pirates, any State may arrest the suspects and any State may prosecute them. On the other hand, the crimes of armed robbery at sea or armed robbery against ships have the same elements as piracy but are committed within the territorial sea of a State. Those crimes are generally within the jurisdiction only of the territorial State, although this regime has been modified to an extent with respect to piracy occurring within the territorial sea of Somalia by a series of resolutions of this body. In the repression of piracy, States remain bound by other applicable rules of international law.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“Piracy, as defined in the Convention on the Law of the Sea, includes any illegal act of violence, detention or depredation committed for private ends by 10-49378 the crew or passengers of a private ship against another ship or persons or property on board that ship. It is a crime that can only be committed on the high seas or in the exclusive economic zone (EEZ) of a State. In other words, it is committed outside the territorial sea. The Convention on the Law of the Sea and customary international law provide for universal jurisdiction over acts of piracy. That is, all States are entitled to exercise criminal jurisdiction over acts of piracy, no matter where they occur and no matter what the nationality of the suspect or the victim. No connection between the prosecuting State and the act of piracy is required.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“The legal framework for the repression of piracy under international law is set out in the 1982 United Nations Convention on the Law of the Sea, which also reflects customary international law. Other instruments, such as the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation - the SUA Convention - may also be relevant to combating piracy, since some elements of the act of piracy may also constitute offences under such instruments. In the context of Somalia, the legal regime is complemented by a number of Security Council resolutions. The Djibouti Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden is also an important vehicle for cooperation among regional States.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“In responding to the Security Council's request in resolution 1918 (2010), we have taken into account United Nations practice in establishing and assisting criminal tribunals, experience from non-United Nations tribunals such as the War Crimes Chamber of Bosnia and Herzegovina, and the work of the Contact Group on Piracy off the Coast of Somalia. I hope the Security Council will find it useful if I, in introducing the report, briefly set out the international legal framework applicable to piracy. I believe that this legal context is instructive and that it provides an important backdrop for the options identified in the report, which I will then describe in a little more detail.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“The problem clearly demonstrates the increasing interdependence of States and people in a globalized world. The number and diversity of States and organizations with a stake in finding a solution provide strong evidence of this, with human welfare and commercial and security interests under threat. Against this background, the Secretary-General's seven options are a very timely and important basis for Security Council consideration. The report has had input from my Office, the United Nations Office on Drugs and Crime (UNODC), the Department of Political Affairs, the United Nations Development Programme (UNDP) and other United Nations offices.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“He takes every opportunity he can at internal senior management meetings to maintain momentum. In my own case, he dispatched me on a mission to Kenya as far back as March of last year to discuss the issue with the Kenyan authorities and to engage with the United Nations offices active on the ground. Additionally, he strongly supported the informal meeting of the General Assembly on piracy in May this year, and he ensured that piracy was an important part of the discussion at the United Nations Istanbul Conference on Somalia in May. For my Office, the piracy dossier is an active and important one, as it should be. The human cost of piracy off the coast of Somalia is incalculable, with killings and widespread hostage-taking of sailors whose daily jobs are already filled with risk. The 10-49378 commercial cost is also very high.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“Ms. O'Brien: I am delighted that the Secretary- General is here this morning, and I am honoured to have this opportunity to present this report (S/2010/394) on his behalf. Before introducing the report, I wish to endorse the views expressed here this morning by the Secretary-General. He has painted a very clear and stark picture of the situation off the coast of Somalia and the wider implications of piracy in the region. As many of us know, the Secretary-General has been consistently advocating for the international community to counter piracy and to respond in the most coherent way possible. The Secretary-General has never shied away from the problem despite the complexity and the challenges it poses. He has pressed the United Nations and other international organizations to do more to contribute to a solution.”
2010-08-25 · UN Security Council · Security Council, S/PV.6374 (2010) · source
“I would like to thank you, Sir, for this initiative, which will no doubt assist the Security Council - and, through it, the international community at large - in discharging its special role of promoting and strengthening the rule of law in the maintenance of international peace and security.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“The reform of the United Nations internal system of administration of justice was achieved in a remarkably short period of time, demonstrating the capacity of Member States, management and staff to act swiftly and in a coordinated effort. The new system stands as a milestone in strengthening the commitment of the Organization to the rule of law, justice and accountability. The concept of the rule of law in the United Nations embraces the most classic and fundamental principles of the international legal order and allows us to use these principles to face the most urgent and contemporary concerns of the international community.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“No discussion regarding rule of law and the United Nations would be complete without addressing the system for the internal administration of justice, particularly since we are about to reach the first anniversary of the new system. For 60 years, the internal mechanism for resolving employment disputes consisted of review by a peer review body composed of staff members, followed by a review by the United Nations Administrative Tribunal. The new system called for by the General Assembly in 2005 has introduced two tiers of judicial review. This became operational on 1 July 2009. The Dispute Tribunal has issued over 200 judgments to date. By the end of this week, the United Nations Appeals Tribunal will have already convened two sessions this year and reviewed over 60 cases.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“The establishment of an Office of the Ombudsperson is an important step by the Security Council towards ensuring fair and clear procedures for individuals and entities listed by the Committee. We will follow with great interest how the interaction between the Ombudsperson and the Committee on the one hand, and between the Ombudsperson and the petitioners, on the other, works in practice. Much may depend on how the Ombudsperson's observations will be dealt with by the Committee. It will also be instructive to see what impact resolution 1904 (2009) and its implementation will have on the jurisprudence of national and regional courts seized with relevant cases.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“Any discussion on the rule of law at the international level should address the ongoing issue of Security Council sanctions regimes. These regimes perform a necessary role in the maintenance of international peace and security. In so doing, it is critical that, as with any decision of the Council, sanctions be adopted in accordance with international law, consistent with the objectives enshrined in the Charter. Over the past years, the Council has put emphasis on setting out and strengthening the international legal framework and norms for addressing these issues. The recent adoption of resolution 1904 (2009) reflects the significant effort to address the rights of due process and, in particular, that of an effective review of decisions.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“The primary role of national jurisdictions in the prosecution of crimes has been thrown into greater relief as international justice has evolved and as the International Criminal Court in particular has become operational. The principle of complementarity is the bedrock of international criminal justice. International justice mechanisms, whether permanent or ad hoc, are not intended to supplant States where there are organized criminal justice systems that are willing and able to ensure that there is accountability for the crimes concerned. They are not substitutes for national mechanisms. Thus we see that, within the statutes of the international criminal courts and tribunals, there is ample room for the exercise of national jurisdiction.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“I would also encourage those States that have yet to deposit declarations accepting the jurisdiction of the Court to do so, and to do so as unconditionally as possible. Another essential component of the rule of law at the international level is, of course, the struggle to end impunity for international crimes. International criminal justice has recently emerged as a powerful, resonant and effective voice in this new age of accountability. The Council has amply emphasized the importance it attaches to the responsibility of States to comply with their obligations to end impunity and to prosecute those responsible for the most serious crimes. Justice is a nation's choice.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“In 2006, the then President of the Court recalled both Article 33 of the Charter, under which the Security Council may call on the parties to settle their disputes by means that include judicial settlement, and Article 36, paragraph 3, which provides that in making recommendations for the settlement of disputes, "the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice". In doing so, she invited the Council to bring these tools to life and to make them a central policy of the Security Council. I take this opportunity to encourage members of the Council to follow up on this recommendation.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“The Charter envisages a system of settling disputes peacefully before intractable conflict situations arise. The General Assembly, the Security Council and the International Court of Justice all have a responsibility to contribute to the peaceful settlement of disputes. However, the fullest use has not always been made of the organic link between these bodies and the procedural means made available to them by the Charter to coordinate and complement their respective action.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“UNCITRAL's work on unifying and harmonizing international commercial law has played an important role in laying the basis for the orderly functioning of an open economy. Effective commercial law plays a supportive role in addressing root causes of many international problems, such as migration caused by impoverishment, inequality and internal conflicts, or inequitable access to shared resources. Next week, UNCITRAL will host a panel discussion, to be opened by the Deputy Secretary-General, that will analyse the impact of commercial law and commercial activities on the rule of law. Such a thematic debate is rare in the United Nations, where the traditional focus in the context of the rule of law has been on human rights, criminal law and international public law.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“Another practical way to make tangible the concept of rule of law at the international level lies in our ability to encourage the teaching, study, dissemination and wider appreciation of international law. The development of the United Nations Audiovisual Library is an essential outreach tool of our time, both for demystifying international law and for making it more accessible, better understood and closer to the individual. I take this opportunity to highlight the work of a less obvious, but very important, area of our endeavours, that of the United Nations Commission on International Trade Law (UNCITRAL), which is the core legal body within the United Nations system in the field of international commercial law.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“This concept is rooted in part in the multilateral conventional framework largely developed under United Nations auspices. For the past decade, the Secretary-General has been providing special facilities for States to sign or ratify treaties of which he is the depositary through an annual treaty event held during the high-level segment of the General Assembly. This event has proved a catalyst for encouraging wider participation in the multilateral treaty framework. The concept of rule of law also translates into initiatives to promote the application of international law through technical assistance to Member States. We have developed a significant number of training initiatives and publications encompassing several branches of international law. But more needs to be done. This is particularly true in post-conflict environments.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“International law issues are increasingly being considered by national and regional courts. This evolution goes even beyond national and regional courts: international law has become part of our everyday lives. Its basic principles contribute essentially to the empowerment of each individual. The personalization of international law, in which more and more rights are vested directly in the individual, is now a reality. Everyone should have access to the tools enabling him or her to understand international law, to invoke it and to contribute to its development. An important aspect of the rule of law at the international level refers to the codification of international law and legal obligations, as well as to the implementation of and compliance with these obligations, whether they arise from treaties or customary international law.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“In doing so, I will first refer to those instances where the Organization reaches out to the world and strives to contribute to the establishment of an international rule of law. But I would also like to draw attention to some less visible aspects of the rule of law for the United Nations and, more specifically, within the United Nations. In our Organization, acting in conformity with legal requirements is a constant and dynamic pattern that is present in all our activities. In other words, respect for the rule of law is, for the Organization, a goal to be achieved every day. We live in an age in which international law is no longer the exclusive domain of international courts and institutions. The links between the individual, the 10-42676 nation State and the international community are now inextricably connected.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source
“Ms. O'Brien: Thank you for your welcome, Mr. President, and for the opportunity to participate in this debate. I am pleased to support your initiative to bring this important issue to the Council for further discussion. At the outset, I wish to acknowledge the leadership that the Deputy Secretary-General has shown on this matter. My focus today will be on the rule of law at the international level. Establishing respect for the concept is essential, not just to establish or to maintain peace, but also to enable sustained economic progress and development. I hope to demonstrate how this legal perspective has contributed to a trend towards an international rule of law.”
2010-06-29 · UN Security Council · Security Council, S/PV.6347 (2010) · source