YouSaid · the spoken record

SARDENBERG

lines on the record: 1,119
first: 1992-07-16
most recent: 2007-06-25
sittings or episodes: 182
sources: un-security-council

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“The protection of human rights should guide the execution of our counter-terrorism security policies. Similarly, the Government of Brazil believes that above and beyond suppression and eradication, priority should also be given to preventing terrorist acts by combating the deep-rooted causes, many of which may be social and economic in origin. Accordingly, there is a need for increased cooperation among judicial bodies and financial and police intelligence agencies, in order to repress possible association between terrorist groups and other criminal organizations. There is also a need for promotion of the values of democracy and tolerance and of cooperation for the purposes of economic and social development.”
2003-04-04 · UN Security Council · Security Council, S/PV.4734Resumption1 (2003) · source
“The National Congress is considering the ratification of the three remaining conventions, the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, which were negotiated within the framework of the International Maritime Organization, and the International Convention for the Suppression of the Financing of Terrorism. The fight against terrorism cannot be waged to the detriment of due legal process, human rights and civil liberties. Any sacrifice of fundamental freedoms that allows scope for arbitrary or discriminatory acts marks a step backwards, and caters precisely to the interests of the very groups that sponsor terrorist activities.”
2003-04-04 · UN Security Council · Security Council, S/PV.4734Resumption1 (2003) · source
“Combating international terrorism must be undertaken by all means compatible with the Charter and the instruments of international law. In the context of this struggle, Brazil has ratified nine of the 12 global agreements negotiated within the scope of the United Nations, specialized agencies and the International Atomic Energy Agency, which have all now been enacted into domestic law.”
2003-04-04 · UN Security Council · Security Council, S/PV.4734Resumption1 (2003) · source
“The widespread cooperation of Members of the Organization shows not only the crucial importance that the international community attaches to combating terrorism, but also the capacity of the Security Council, when it works in unity to pursue a common purpose, to find the right response to every situation. Terrorism is one of the greatest threats to international peace and security, human rights, fundamental freedoms and democratic institutions, and it also has a grave effect on the economic and social development of States. The people and the Government of Brazil oppose terrorist acts in all their forms and manifestations. By a constitutional provision, repudiation of terrorism is one of the principles by which Brazil carries out its international activities.”
2003-04-04 · UN Security Council · Security Council, S/PV.4734Resumption1 (2003) · source
“I would be remiss if I failed to convey to Ambassador Jeremy Greenstock our sincere appreciation for the determined and skilful way in which he has conducted the work of the Counter- Terrorism Committee since its establishment following the tragic terrorist attacks of 11 September 2001. His efforts to promote transparency in the work of the Committee have been an important factor in the unprecedented impact that the work of the Committee has had among the membership of the Organization. To conclude my words of gratitude, I would also like to express my thanks for the praiseworthy work of the team of independent experts and the Secretariat. The creation of the Committee at that moment in time attested to the Council's prompt capacity for reaction.”
2003-04-04 · UN Security Council · Security Council, S/PV.4734Resumption1 (2003) · source
“Mr. Sardenberg (Brazil) (spoke in Spanish): On behalf of the Government of Brazil and also in my own name, I wish to say how pleased we are at seeing you, Sir, presiding over the Council at such a critical moment for this Organization and for multilateralism in general. I am certain that the interests of all of who aspire to a fairer world in which the institutions of international law can prevail will be in good hands in the course of your Presidency. I wish also to associate myself with the statement just made by the Permanent Representative of Peru on behalf of the Rio Group, which I shall strive not to repeat in the short statement that I shall be making in my national capacity.”
2003-04-04 · UN Security Council · Security Council, S/PV.4734Resumption1 (2003) · source
“While more transparency may help to enhance its visibility, the effectiveness of the Council in discharging its responsibilities is more directly correlated to the adequacy of its structures for present realities and challenges. Therefore, the present exercise in transparency is only one element which should be considered within the wider context of the overall efforts undertaken by the Organization's membership at large in enhancing the legitimacy, authority, representativeness and effectiveness of the Security Council. The delegation of Brazil will continue to cooperate in this endeavour in all relevant instances of the United Nations.”
1994-12-16 · UN Security Council · Security Council, S/PV.3483 (1994) · source
“Otherwise, we may be confronted with a paradoxical situation in which decisions having important legal consequences, such as the review of sanctions regimes, are taken at meetings that have no legal existence. Moreover, by updating the rules of procedure, adequate ways may be found to establish a proper balance between the holding of public meetings and the holding of informal consultations. My delegation deems that the Council should seriously consider this course of action, taking duly into account the views of the membership at large of the Organization. The second aspect to be stressed is that procedural reformulations in the working methods of the Council, meritorious as they may be, should not be taken as palliatives for a substantive restructuring of the Council itself.”
1994-12-16 · UN Security Council · Security Council, S/PV.3483 (1994) · source
“Indeed, the provisional rules of procedure of the Council, in their current format, make no provision for informal consultations. Rule 48 stipulates that the Council shall meet in public unless it decides otherwise. Rule 51 states that private meetings shall have a record, and rule 55 determines that at the close of each private meeting the Security Council shall issue a communique through the Secretary-General. Informal consultations do not fit into any of these formats. Since a substantial and substantive portion of the work of the Council takes place within informal consultations, my delegation believes that the current rules of procedure should be updated in order, inter alia, to acknowledge the legal existence of informal consultations.”
1994-12-16 · UN Security Council · Security Council, S/PV.3483 (1994) · source
“I believe it is only fair to acknowledge that there have been noticeable improvements in the working methods of the Council in recent times. While these improvements may not be materializing as quickly as desired by many delegations, or to the extent they desire incremental progress is being achieved in a flexible manner. It is the expectation of my delegation that this course is irreversible and will gain further momentum. Having said that, I would like to underscore two aspects that should be kept in perspective in the deliberations concerning the working methods and procedures of the Council. One of them is the question of the legality of the existence of informal consultations, referred to in paragraph 12 of the French aide-memoire.”
1994-12-16 · UN Security Council · Security Council, S/PV.3483 (1994) · source
“Since the Council acts on behalf of all the Members of the Organization in carrying out its primary responsibility for the maintenance of international peace and security, the international community has a legitimate reason to expect that the exceptional powers vested in this body will be properly exerted and accounted for. The analysis of recent practices in the Security Council and the case for a better balance between official meetings and informal consultations, as presented in the aide-memoire submitted by the delegation of France in document S/1994/1279, are quite well taken, and my delegation fully subscribes to them. The modalities proposed therein for reducing the opacity in the functioning of the Council also seem very helpful, and my delegation looks forward to examining their content in fuller detail.”
1994-12-16 · UN Security Council · Security Council, S/PV.3483 (1994) · source
“The delegation of Brazil welcomes this opportunity to have a public debate on the working methods and procedures of the Security Council. The proposal, submitted by the delegation of France, that there should be a discussion of modalities for having greater recourse to open meetings of the Council is particularly timely, as it fits into the context of a wide- ranging process of reflection, currently under way in the United Nations, on the functioning of this principal organ. Brazil has consistently advocated the strengthening of the Security Council through the enhancement of its legitimacy and authority before the eyes of the international community. In order to achieve this goal, it should become, not only more representative and effective, but also more transparent and accountable.”
1994-12-16 · UN Security Council · Security Council, S/PV.3483 (1994) · source
“It is our sincere hope that the Secretary-General will make every effort to submit the required report in good time, before 8 February, so that the Security Council may take early action leading to the establishment and deployment of UNAVEM Ill. Any delay, I might add, entails a corresponding slippage in the implementation of the Lusaka Protocol, with all the undesirable risks involved.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“The international community cannot squander this unique opportunity to establish a lasting peace in Angola. Peace in Angola crowns a successful trend, which started in South Africa and has just been advanced in Mozambique. However, some operations on other continents have not shown as yet the same positive results. Brazil has already indicated its willingness to commit military personnel required for the purpose of peace- keeping. We encourage the Secretary-General to present, as promptly as possible, his recommendations for a possible mandate for a new United Nations operation in Angola. We urge this Council to consider without delay such recommendations when they become available.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“On the other hand, we have always defended the need to ensure the absolute impartiality of these operations if they are successfully to implement the mandates they have been entrusted with. These operations are a means to assist in the full implementation of agreements to which the parties have freely committed themselves. The diplomatic efforts made by the United Nations since November last year have resulted in the signing of the Lusaka Protocol. The international community is now in duty bound to approve the expansion of the United Nations presence in Angola. Lessons from the recent past have shown that in order for such an operation to be effective, it should be adequately staffed and equipped. Equally important is the fact that its approval and actual deployment should not be subject to undue delays.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“We are setting the stage for an expanded United Nations presence in Angola for the post-Lusaka period. Brazil has consistently defended an adequate United Nations presence in Angola to enhance the chances for peace and national reconciliation. We have been underscoring that United Nations peace-keeping operations are established and deployed in the name of the Organization as a whole and not of the Security Council alone. In this connection, two main doctrinal principles have guided the Brazilian delegation during our current tenure in this Council. On the one hand, we have advocated that peace- keeping operations are aimed at contributing to alleviating tensions and promoting peace in regional conflicts that pose a threat to peace and stability.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“The Lusaka Protocol completes a long and strenuous cycle that began last year, when UNITA started to accept the validity of the "Acordos de Paz" and, in particular, the validity of the 1992 elections, held under United Nations supervision. The resolution we have just adopted is far from being a "business as usual" type of decision. It reflects the strong desire of the members of the Council and of the international community in general for the United Nations to continue to contribute to the peace process in Angola at this very crucial juncture. We have not merely technically extended the mandate of UNAVEM II for two months. We are acknowledging the decision of the Secretary-General to proceed with the deployment of additional UNAVEM II personnel to its previous authorized level.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“These are, however, times for hope and optimism, and we are confident that the recent series of events firmly points in the direction of a new chapter in the history of Angola. Since the signing of the Protocol in the Zambian capital, the agreed cease-fire has been observed without major incidents. There have been public pledges by both sides towards the objective of peace and national reconciliation. The scheduled meetings of the Joint Commission have taken place in Luanda, and they are emblematic of the new times. There are reports of a planned meeting between President Jose Eduardo dos Santos and Mr. Jonas Savimbi.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“This document represents a window of opportunity for the restoration of lasting peace through national reconciliation. During the course of this long-protracted process, there were times when we were saddened by the tremendous human suffering of the Angolan people and the tragic toll the war had inflicted on that country for two decades. There were times when we were concerned that peace seemed too elusive, almost an unreachable goal. There were times when we were frustrated by the sequence of events, with one small step forward in the direction of peace being followed by two steps backward in the direction of military confrontation, thus making the prospects for peace even more distant. After the unfortunate breakdown of the Bicesse Accords, several meetings were convened in different cities, all of them to no immediate avail.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“His profound knowledge of the situation and his understanding of the complexities involved in the Angolan conflict made Maitre Beye a pivotal figure in the negotiations. He deserves our full recognition. Two decades of war in Angola have exacted a heavy toll on the civilian population and have brought about a humanitarian crisis of huge proportions. Brazilians are linked to Angolans by common historical, cultural and ancestral ties. We have a special, intense relationship that is bound to be further enhanced once that sister country finally enters the long-deserved path of peace, stability and economic and social development. These are among the main reasons why Brazil is following with the utmost interest the evolution of the political process in Angola. The Government of Brazil is highly encouraged by the signing of the Lusaka Protocol.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“His words constitute additional evidence of his Government's unequivocal commitment to working for the attainment of the dual objectives of peace and national reconciliation. I wish also to express my Government's recognition of President Jose Eduardo dos Santos' unabated commitment to peace. The political wisdom and_ the leadership which he demonstrated at the head of his Government during the process that led to the signing of the Lusaka Protocol put him among the most eminent statesmen of his continent. We are grateful also to the Special Representative of the Secretary-General for his constant and energetic optimism, even in times when negotiations seemed to be heading towards a deadlock.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“May I congratulate you, Sir, on your assumption of the office of President of the Security Council for the month of December. We are fully confident that you will conduct our business in an effective and smooth way, and you may rest assured that you can rely on my delegation's unconditional support and cooperation. I also wish to thank your competent predecessor, Mrs. Madeleine Albright, and her associates for a job well done during the busy month of November. We have listened with great attention to the comprehensive statement just made by His Excellency Mr. Venancio De Moura, Minister of External Relations of Angola. His clear and lucid intervention contributes to a better understanding of the very complex situation facing his country at this very crucial moment.”
1994-12-08 · UN Security Council · Security Council, S/PV.3477 (1994) · source
“Security in refugee camps must be ensured, so that all Rwandans wishing to return to their homes may be allowed to do so in a climate of freedom and safety. Means must be provided for the Government of Rwanda to function properly. The lack of resources is preventing the Government sector from being reactivated. The Secretary-General is quite right in pointing out that this has been a major factor in the Government's inability to translate public pronouncements concerning nation- building into concrete programmes and actions. We have voted in favour of resolution 965 (1994) to extend UNAMIR because it represents the will of the international community to continue supporting national reconciliation, peace and political stability in Rwanda.”
1994-11-30 · UN Security Council · Security Council, S/PV.3473 (1994) · source
“We are confident that the Government of Rwanda realizes that it must take the necessary measures to prevent actions that might be counter-productive to the ultimate goal of political national reconciliation and to the return of all Rwandans to their homes. We are concerned at the reports of increasing initiatives by the former Rwanda Government Forces in recruiting and training new troops in the refugee camps. As the Secretary-General states in his report, such activities lead to the concern that they are preparing for the resuming of confrontation, the tragic consequences of which are well known. The international community should assist the Rwandese Government to alleviate the plight of its people.”
1994-11-30 · UN Security Council · Security Council, S/PV.3473 (1994) · source
“The Brazilian delegation favoured the adoption of this extension as it is an expression of the support of the international community for the Rwandese Government and people in their struggle for national reconciliation. Resolution 965 (1994), which we have just adopted, reaffirms that UNAMIR will continue to contribute to the security and protection of displaced persons and refugees, to provide security and support for the distribution of relief supplies and relief operations, and also to exercise its good offices to help achieve national reconciliation within the broad framework of the Arusha Peace Agreement. Furthermore, the mandate of UNAMIR has been expanded to include the security, within the territory of Rwanda, of personnel related to the International Tribunal for Rwanda and human rights officers deployed in the country.”
1994-11-30 · UN Security Council · Security Council, S/PV.3473 (1994) · source
“Although the situation in Rwanda remains bleak, some signs described in the report of the Secretary-General dated 25 November show that life is slowly returning to normal. That includes the resumption of some private-sector activities, the re-establishment of markets, the increase in agricultural activity, and the reopening of schools. We are also somewhat encouraged by the recent developments in the political sphere. The Government continues to advocate reconciliation, peace and justice and has gone beyond mere rhetoric. We particularly welcome the incorporation of soldiers from the former Rwandese Government forces into the Rwandese Patriotic Army and the reappointment of local prefects from the former administration. The renewal of UNAMIR's mandate until 9 June 1995 is an important step.”
1994-11-30 · UN Security Council · Security Council, S/PV.3473 (1994) · source
“In the aftermath of massive crimes in Rwanda, the international community witnessed an exodus that was unprecedented in terms both of the number of people involved and of the very short period in which it has occurred. Today the violence against the suffering Rwandese people occurs mostly in the camps located in neighbouring countries, where literally more than a million people have sought refuge in response mainly to a well-orchestrated campaign which combined ethnic hatred and misinformation to spread fear. The Government of Rwanda must rebuild an entire country ravaged by war. It must create an environment that will attract its citizens back from refugee camps in Burundi, Tanzania and Zaire as well as resettle some 2 million displaced persons within its borders.”
1994-11-30 · UN Security Council · Security Council, S/PV.3473 (1994) · source
“Since we cannot allow for a retroactive endorsement of provisions authorizing recourse to all necessary means in our region, our concerns remain unchanged. Therefore, Brazil will abstain in the vote. With the restoration of President Jean-Bertrand Aristide to power, the international community should now assist the Government of Haiti in the challenging tasks of the socio-economic rehabilitation of a country devastated by a military junta, which had no commitment to the well- being of the Haitian people. Brazil stands ready to participate actively in these efforts.”
1994-11-29 · UN Security Council · Security Council, S/PV.3470 (1994) · source
“As a result, the objective of expanding the Advance Team of UNMIH would seem to be a justifiable development in the light of the situation in Haiti. While concurring with the objective of advancing the process of future deployment of the United Nations Mission in Haiti (UNMIH) as soon as the security situation in Haiti permits, my delegation expresses concern at the terms under which this measure is being taken by the Council. While we could have supported an _ objective, procedural resolution expanding the advance team of UNMIH, without entering into considerations of a political nature, the draft resolution before us still contains elements over which my delegation has expressed reservations on all prior occasions.”
1994-11-29 · UN Security Council · Security Council, S/PV.3470 (1994) · source
“In the course of the many deliberations held in the Council, Brazil has always advocated the position that, in all cases, diplomatic and other political resources should be exhausted before coercive measures are adopted. In particular, my delegation has more than once expressed its reservations on actions not undertaken under the direct control of the United Nations. Since the Security Council considered the options available to establish an expanded force of the United Nations Mission in Haiti (UNMIH), Brazil has upheld the view that a United Nations presence in Haiti would warrant a strengthening of UNMIH in order fully to implement the mandate emanating from resolution 867 (1993), in accordance with established principles and practices of United Nations operations.”
1994-11-29 · UN Security Council · Security Council, S/PV.3470 (1994) · source
“The restoration of constitutional rule in Haiti constituted the achievement of a long-awaited goal of the international community. Brazil has joined in the celebration of the courageous Haitian people, while rejecting the de facto authorities, in hailing the return to power of the legitimately elected President Jean-Bertrand Aristide. We have thus strongly welcomed the positive evolution of the political situation in Haiti, in particular the efforts undertaken by President Aristide to promote a process of national reconciliation through dialogue involving all sectors of Haitian society. The Security Council has been seized of the question concerning Haiti since the adoption of resolution 841 (1993) and has been called upon to take actions commensurate with the complexity and uniqueness of the circumstances prevailing therein.”
1994-11-29 · UN Security Council · Security Council, S/PV.3470 (1994) · source
“It is our sincere hope that those who have been more closely involved in the efforts to promote peace through a negotiated settlement will be able to hold back the tide of violence.”
1994-11-08 · UN Security Council · Security Council, S/PV.3454 (1994) · source
“Our own approach is based on the power of persuasion by peaceful means. A modification of resolution 713 (1991) at this juncture could unleash uncontrollable forces, increase suffering and disseminate aggression. There seem to be no final answers to the complex issues before us, but the turn of events in Bosnia is bringing new variables to the equation with which we have been working lately. In that sense, we welcome the initiative of the delegation of Pakistan to promote a debate on the issue in the Council as a constructive step in the overall efforts to build consensus and to devise fruitful and effective means of dealing with the serious challenges facing the international community in Bosnia. Brazil remains committed to peace and continues to follow events closely.”
1994-11-08 · UN Security Council · Security Council, S/PV.3454 (1994) · source
“Brazil supported the adoption of Security Council resolutions 942 (1994) and 943 (1994) on the understanding that they provided a response to a new set 13 of circumstances, which included the important decision by the Belgrade authorities to close their borders with Bosnia to all but humanitarian traffic. Although there have been minor violations of this border closure, the International Conference on the Former Yugoslavia has just provided the Council with its second certification to the effect that the Federal Republic of Yugoslavia is observing _ its commitment to keep the border closed. We have doubts, however, as to whether the proposed selective suspension of the arms embargo - as it was imposed by resolution 713 (1991) - is compatible with the approach proposed in resolutions 942 (1994) and 943 (1994).”
1994-11-08 · UN Security Council · Security Council, S/PV.3454 (1994) · source
“As we witness new and swift changes on the ground - changes that might signal a modification in the military balance of forces - we must ask ourselves whether the incentive and disincentive policies currently promoted by Security Council resolutions are bringing the Bosnian Serbs' acceptance of the peace plan closer, or whether they are leaving room for the parties to escalate the conflict. Recent events in Bihac and Kupres could be interpreted as an indication that our current policy is producing the kind of change that would eventually convince all parties in the conflict to settle their differences through dialogue. However, such events could also indicate that we are entering a new and dangerous phase in the conflict.”
1994-11-08 · UN Security Council · Security Council, S/PV.3454 (1994) · source
“And we stood behind initiatives directed at the establishment of peaceful and democratic coexistence between the various groups in Bosnia. The proposed settlement put forth by the Contact Group, in cooperation with the International Conference on the Former Yugoslavia, raised hopes for a solution to the crisis in the Balkans that were perhaps over- optimistic. We were encouraged by the Bosnian Government's and the Bosnian Croat Parties' acceptance of the peace plan, as well as by the support given to it by the Federal Republic of Yugoslavia. The attitude of defiance on the part of the Bosnian Serbs, however, led the Council to pursue a policy of incentives and disincentives aimed at convincing the reluctant party to join in the construction of peace.”
1994-11-08 · UN Security Council · Security Council, S/PV.3454 (1994) · source
“The crisis in the Republic of Bosnia and Herzegovina continues to give rise to serious concern, as we are again faced with an increase in military activity and the lack of any headway on the diplomatic front. We are disturbed by the hostilities and disappointed at the persistent reluctance of the parties to resolve their differences through dialogue, on the basis of the principles of the Charter, the relevant Security Council resolutions and the proposed territorial settlement put forth by the Contact Group. As a nation where religious and racial tolerance prevails, Brazil has consistently condemned the persistence of violence motivated by ethnic rivalry in the Balkans. Brazil supported all genuine efforts to alleviate the suffering of the civilian population and to curtail widespread violations of humanitarian law.”
1994-11-08 · UN Security Council · Security Council, S/PV.3454 (1994) · source
“It is only in the light of the exceptional and extremely serious circumstances, and of the urgency required by the situation in Rwanda, that we agreed to proceed with the establishment of the International Tribunal. Our foremost concern remains the urgent need to bring to justice those responsible for the series of heinous massacres. That being the overriding purpose of the International Tribunal, Brazil voted in favour of its establishment while qualifying our support with the serious reservations, both procedural and substantive, that I have clearly enunciated. 10”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“Nevertheless, in this regard States may have to observe the constitutional competence of their own domestic courts in matters such as extradition. These are just some of the many legal issues that more thorough and comprehensive deliberations could have brought to a more satisfying result. As in the case of the establishment of the Tribunal for the former Yugoslavia, I wish to stress that our vote on the establishment of the International Tribunal for Rwanda should not be construed as an overall endorsement of the procedural or substantive elements involved. To our mind, neither of these instances establishes any legal precedent for the future.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“The sheer number and diversity of the cases to be brought for trial, and the differences between international and domestic criminal laws, could render the establishment of respective competences an operationally difficult task, and could impair the future functioning of the International Tribunal. We also regret the absence of a clear date for the termination of the activities of the Tribunal, which will presumably have to function for a very long time. Decisions on its seat and Appeals Chamber, as well as_ the appointment of its Prosecutor, should have taken into consideration the specific requirements of the case of Rwanda. Moreover, for the work of the International Tribunal to be effective, it will be essential that it receive the fullest cooperation from all States, including the handing over of suspects to the judicial authority.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“Moreover, since genocide is one of the most serious crimes that is to be tried by the Tribunal, the principle set out in article VI of the Convention on the Prevention and Punishment of the Crime of Genocide, which stipulates that the jurisdiction of an international penal tribunal must be accepted by the party concerned, should have been observed. Among the important lacunae in the Statute of the Tribunal, I would point out its failure to address adequately the sensitive question of concurrence of jurisdiction between the International Tribunal and the local courts.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“The setting up of an international judicial body should be a matter for thorough discussion and negotiation by the international community, as in the case of the proposed international criminal court of justice currently under discussion in the International Law Commission and in the Sixth Committee of the General Assembly. In addition, the Statute of the International Tribunal for Rwanda should have been the object of comprehensive, in-depth legal deliberations specifically focused on the circumstances of Rwanda, and should at least have been reviewed by a panel of jurists representative of the main legal systems.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“Exceptional ad hoc initiatives by the Council may not be the best way to promote the consistent, balanced and effective application of international humanitarian law or to create an environment conducive to the enhancement of the rule of law in international public order. The Security Council's responsibilities lie not in the judicial or institution-building field, but in the maintenance of international peace and security. Therefore, the invocation of Chapter VII of the Charter for the purpose of establishing an international tribunal goes, in our view, beyond the competence of the Council as clearly defined in the Charter.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“The position we then took was to be seen as a political expression of our condemnation of the atrocities being committed in that region. Our position remains the same today. Likewise, in the case of Rwanda we would have preferred that an initiative of this nature received a much deeper and more thorough examination, with the appropriate participation of the broad membership of the United Nations. Brazil does not favour, as a matter of principle, resort to judicial or institutional measures of immediate effectiveness, to the detriment of solutions founded on a solid legal basis.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“Our preferred method for the creation of an international criminal tribunal has been and remains the conclusion of a convention by the international community clearly setting up the tribunal's jurisdiction and terms of reference. The establishment of such a tribunal must be based upon a careful and comprehensive examination of all the complex political, legal and judicial elements involved. In particular, it should be underscored that the assertion and the exercise of criminal jurisdiction are essential attributes of national statehood. Therefore, such jurisdiction cannot normally be presumed to exist at the international level without the participation and consent of the competent parties. We voted in favour of the creation of the Tribunal on the former Yugoslavia because of the exceptionally serious circumstances of the situation.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“As we stated in the case of the Tribunal for the former Yugoslavia, Brazil is not convinced that the competence to establish and/or to exercise an international criminal jurisdiction is among the constitutional powers of the Security Council; or that the option of resorting to a resolution of the Security Council is the most appropriate method for such a purpose. The authority of the Security Council is not self- constituted. It originates from the delegation of powers conferred upon it by the whole membership of the Organization under Article 24 (1) of the Charter. For that very reason, the Council's powers and responsibilities under the Charter should be strictly construed, and cannot be created, recreated or reinterpreted by decisions of the Council itself.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“From the outset, my delegation considered that careful examination should be given to the possibility of establishing an international tribunal, as recommended by the Commission of Experts and explicitly requested by the President of Rwanda. When this possibility was first taken up by the Council, my delegation made it clear that a number of relevant questions should be looked into prior to a decision being taken. In particular, we pointed out that previous experience, namely, the creation of the International Tribunal for war crimes in the former Yugoslavia, might not necessarily provide the adequate response required by the specific circumstances in Rwanda.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“In this context, we listened to his plea for international cooperation in the judiciary area, including - the establishment of an international tribunal, as the expression of his Government's wish to end a state of lawlessness and of its resolve not to tolerate any breach of humanitarian law or any crime against humanity. Brazil has repeatedly made clear its unequivocal condemnation of genocide and other serious violations of international humanitarian law committed in Rwanda. The perpetrators of such abhorrent crimes must be promptly and properly brought to justice and, once proven guilty, receive adequate punishment.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“He briefed us on the recent developments in Rwanda, and shared with us his plans for his Government and his expectations on how the international community could contribute to the challenging task of reconstructing an entire country. He showed particular concern for the need to make Rwandese in refugee camps, or internally displaced in the country, realize that the return to their homes was not only highly desirable, but also could be achieved in safety. The struggle against impunity was presented as a key area for confidence-building in Rwanda.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source
“The unprecedented tragedy in Rwanda has appalled the entire international community. The dastardly criminal events, the consequences of which were relayed to the whole world through the media, are still very much present in our minds. The tragic results are well known: hundreds of thousands of innocent people killed, millions of others internally displaced or forced to cross the borders, seeking refuge in neighbouring countries. The whole nation was laid to waste. The task of recovery is daunting, and an enormous challenge lies ahead. Last month, the members of the Security Council had the privilege of meeting President Bizimungu, whose leadership is clearly required to help solve the extremely complex situation in his country.”
1994-11-08 · UN Security Council · Security Council, S/PV.3453 (1994) · source