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“The point of reference for this discussion is, to our mind, draft resolution A/66/L.42/Rev.2, which was submitted to the General Assembly this spring by Costa Rica, Jordan, Singapore, Switzerland and ourselves - a group known as the group of five small nations. That draft resolution dealt with enhancing the accountability, transparency and effectiveness of the Security Council, the goals on which the Council needs to make tangible progress, as we all agreed in 2005. The draft resolution received, as is well known, considerable support among the membership of the United Nations, to the point that we are asked to this day why it was withdrawn instead of being put to a vote.”
2012-11-26 · UN Security Council · Security Council, S/PV.6870 (2012) · source
“A key issue for discussion at this time of year is the more equal distribution of work between the permanent and non-permanent members of the Council as it prepares for a new year in a new composition. We hope that genuine consultations will lead to a good distribution of work in the subsidiary bodies, and we certainly believe that the work of the Council would benefit if non-permanent members were given a more active role in the drafting of draft resolutions and decisions. We also look forward to improvements in the format of the open debates of the Council. This could perhaps be a topic for the Working Group to take up early next year. We value the work of the Working Group, but are also realistic about its scope and potential, which are focused mostly on the implementation of note 507. But we must also advance discussions beyond that.”
2012-11-26 · UN Security Council · Security Council, S/PV.6870 (2012) · source
“We commend Portugal and Ambassador Moraes Cabral for their work as Chair of the Informal Working Group on Documentation and Other Procedural Questions. They have shown outstanding leadership, and we are grateful to them for the work that they have done. The past years have seen some modest but important improvements in the practice of the Council. The annex to the presidential note contained in document S/2010/507 is a set of measures that the Council itself has agreed to take in order to better serve the interests of the wider membership, as well as its own. More than two years since it was issued, however, the full and consistent implementation of these measures remains elusive. The Working Group has continued its commendable efforts. At the same time, progress remains limited and slow.”
2012-11-26 · UN Security Council · Security Council, S/PV.6870 (2012) · source
“At the same time, the Court's exercise of jurisdiction is not ultimately contingent upon the Council's decisions. Therefore, both legally and politically, the Kampala consensus strikes a careful balance.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“However, we find it difficult to understand why the Council is unable to make a simple and straightforward statement on accountability concerning the situation in Syria. There is ample evidence that crimes against humanity and other international crimes are being committed by the parties to the conflict. The Council should therefore call for accountability in that situation and ultimately, if there is genuine political will, refer the situation to the Court. The activation of the Court's jurisdiction over the crime of aggression, hopefully in 2017, will create an additional connection between the Council and the International Criminal Court. The Kampala consensus preserves the competence of the Council under Article 39 of the Charter.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“Indeed, it is the integrity of the Statute that makes the Court deliver justice in an independent and credible manner, and thereby contributes a fundamental building block to sustainable peace. The Council has made important advances in the area of accountability. It should now make full use of the potential offered through the Rome Statute system. A genuine commitment to accountability also entails immunity agreements contrary to international law not being endorsed by the Council. Ultimately, the political challenge for the Security Council will often be to square the principles of peace and justice. That is often not an easy task, and we clearly need more and more inclusive discussions on that challenge.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“In addition to subjecting the language that it has used in the past to a fundamental review, the Council should also do what is necessary to address some ofthe problems that have arisen in connection with referrals. In particular, the rules concerning complementarity should be clearly reflected in such decisions, in accordance with article 19 of the Rome Statute. The Statute always gives primacy to the jurisdiction exercised by the national authorities but it also provides for very clear rules governing such jurisdiction. Finally, referral resolutions should stipulate that the obligation of the referred State to cooperate is of course based on the Rome Statute in its entirety. In that way, the Council could prevent discussions suggesting that referred States would have to respect only parts of the Rome Statute.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“Both the Relationship Agreement between the Court and the United Nations and the Rome Statute clearly indicate that the costs arising from such referrals should therefore be borne by the United Nations budget, subject to a decision by the General Assembly. We do not think that the independence of ad hoc tribunals has been undermined by the fact that they were financed by the United Nations membership. Finally, the Council should delete the language exempting certain individuals from the Court's jurisdiction in future referral decisions. Such formulations corroborate the suspicion of selectivity in creating accountability and reflect an ideology that we hope the Council has overcome. Also, they may not withstand the judicial scrutiny of the Court, should the occasion arise.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“The Council does not even have a mechanism to deal with notifications of non-cooperation by the Court - a serious shortcoming that should be urgently addressed. Our colleague from Togo and other speakers mentioned that earlier in today's debate. An important challenge in that respect may face the Council once the Court has decided on the admissibility challenge put forward by the Libyan Government. Closely linked to that is the question of the financing of judicial Court activity triggered by a referral decision. In referring situations to the ICC, the Council effectively uses the Court as an alternative to the establishment of an ad hoc tribunal, which is a very cost-efficient alternative, as a comparison with other tribunals illustrates.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“The Council should therefore take several steps to move towards a more symbiotic relationship with the ICC as an independent judicial institution. In order to genuinely advance accountability, several aspects of the Council's practice would have to be addressed in future referrals. Most important, the Council must back up its referral decisions with measures that enforce cooperation. A referred State's obligation to cooperate with the Court is based solely on the Council's powers under Chapter VII. A lack of cooperation by that State is therefore a violation of its obligation under Article 25 of the Charter of the United Nations. Nevertheless, the Council has been notoriously silent, or even tacitly acquiescent, in most instances where the Court required its backing.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“The referral decisions of the Council have proven to be a mixed blessing for the Court and for international criminal justice as they were driven by political convenience as much as by the desire to establish justice. The referral decisions were significant in the history of international criminal justice but they came at a high cost for the Court. The Court was accused of politicization, of bias against a particular region and of manipulation by powerful countries that chose to stay outside the Rome Statute, and it found itself with very limited support from its constituency. It is therefore paying the price for the decisions of the Council, and sometimes the lack thereof. Obviously, that is not in the interest of the Court, and more broadly justice, or in the interest of the Security Council.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“The Council has used that competence only twice in 10 years - in 2005, on the situation in Darfur and, in 2011, on Libya. However, that is still more frequently than most of us expected when the Statute entered into force. Supporters of the Court have generally welcomed such referrals as breakthroughs for international criminal justice. The 2005 decision on Darfur (see resolution 1593 (2005)) was made in an overall climate that was difficult for the Court. The Libya referral (see resolution 1970 (2011)) seemed to illustrate the preparedness of the Council to act swiftly to ensure accountability for the most serious crimes and was even by a unanimous vote. Nevertheless, we believe that today, our assessment must be more calibrated.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“In the early days of the Court, the debates in the Council revolved largely around the use of article 16 of the Rome Statute, which gives the Council the competence to defer investigations and prosecutions for a period of 12 months. Those debates led to some of the most controversial and questionable resolutions to come out of the Council, namely, resolutions 1422 (2002) and 1487 (2003), which we consider contrary to both the Charter of the United Nations and the Rome Statute. Today, thankfully, that topic belongs to the past, although it would serve the Council's interest to be better prepared for possible deferral requests in the future. At the heart of today's political debate is the other competence that the Rome Statute gives to the Council, namely, its authority to refer situations to the Court.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“It is a great honour for me to address the Council also on behalf of the Permanent Representative of Jordan, His Excellency Prince Zeid Ra'ad Zeid Al-Hussein, and His Excellency Bruno Stagno Ugarte of Costa Rica. As the three former Presidents of the Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC), we have closely followed the relationship between the Council and the Court in the past 10 years. A generic debate on that relationship is very timely, and we are grateful to you, Mr. President, for initiating it. Like others, we would suggest that the Council discuss the issue at regular intervals.”
2012-10-17 · UN Security Council · Security Council, S/PV.6849Resumption1 (2012) · source
“Such policies underline the commitment of conflict parties to legal conduct and to minimizing civilian harm, and contribute to the preservation of the human dignity of civilians caught in the crossfire. An important prerequisite in that regard is, however, the systematic tracking of civilian harm, which in itself is indispensable for transparency and the effective monitoring of the implementation of international humanitarian law.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“We agree with the Secretary-General that this issue is often overlooked and needs greater attention. It also needs a certain degree of creativity and innovation, since the sheer number of affected victims often makes individual reparation all but impossible. In that regard, we would like to commend the work of the International Criminal Court's Trust Fund for Victims, which is actively engaged in assisting affected communities as a whole. We also strongly support efforts to increase the practice by parties to conflict of offering amends to civilians harmed in the context of lawful combat operations, despite having no legal obligation to do so.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“In practical terms, it may be useful to establish a forum to advance questions of cooperation with the Court at the level of a subsidiary body of the Security Council, such as, possibly, a working group on the relationship with the International Criminal Court. That would offer a useful and necessary space for concerted action on all related matters, such as notifications from the Court on non-cooperation, but also the ongoing situation regarding the detention of ICC staff in Libya. In that context, we would like to call on the authorities in Libya to release the detained ICC staff without delay. Overall, the Security Council has a very limited record in following up on the referrals it has made to the Court - a situation that needs to be rectified. Let me conclude with a few words on the issue of reparations and amends.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“That would also imply, as is currently relevant in the situation in Libya, that Court officials enjoy immunity from detention under article 48 of the Rome Statute. The work of the Court based on Security Council referrals is thus not very different in nature from the work of the International Tribunal for the Former Yugoslavia or the International Criminal Tribunal for Rwanda. Follow-up to referrals, in particular regarding cooperation, should therefore be much higher on the agenda of the Council. Non-cooperation with the Court in the case of Security Council referrals is as much of a problem for the Council itself as it is for the ICC.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“Equally problematic is the past practice of implying that the United Nations may not contribute to the financing of such referrals, thus infringing on the powers of the General Assembly under the United Nations Charter and the United Nations-ICC Relationship Agreement. Another central element is greater ownership in following up on such referrals. Whenever the Council refers a situation to the ICC, it does so on the basis of its powers under Chapter VII of the United Nations Charter. Legally, the Security Council is acting as if it were establishing its own tribunal, with its own statute, by imposing the obligations of the Rome Statute - in its entirety - upon the country concerned, a point that would perhaps be worth emphasizing in future referral decisions.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“That requires predictability and a degree of consistency in choosing situations that require investigation by the ICC. In that respect, it is necessary to underline that the crisis in Syria is also a crisis of accountability. There is increasing evidence that atrocious acts amounting to crimes against humanity are being committed in the country, possibly by different parties to the conflict. Under these circumstances, it is the responsibility of the Council to have a serious discussion of the accountability dimension of the protection of civilians in Syria. The Council's past practice with respect to referrals to the Court, seeking to exempt certain nationals from the Court's jurisdiction and thus infringing on the powers of the Court under the Rome Statute, needs to be reconsidered.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“They may also form the basis for further action taken by the Security Council, as was the case in the first-ever decision to refer a situation to the International Criminal Court (ICC), with respect to the situation in Darfur. We fully support the Secretary-General's call on the Council to begin a dialogue aimed at strengthening the Council's role in enhancing accountability at both the national and international levels. That is, in fact, in line with one of the recommendations to the Security Council that we had advocated as a member of the group of five small nations in draft resolution A/66/L.42 before the General Assembly. One central element in that regard is a more coherent use of the Security Council's power to refer situations to the ICC.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“All of these resources should also, and especially, be available to the Office of the United Nations High Commissioner for Human Rights in particular, as the Human Rights Council has recently emerged as the leading body in establishing such commissions. We also strongly agree with the notion that such mandates should be established early in a crisis in order to prevent further violations and provide the relevant United Nations organs with a factual basis for further action. Commissions of inquiry and fact-finding missions may also provide important information for judicial processes that may be launched as a follow-up, such as investigations by the International Criminal Court.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“We commend the Secretary-General for his initiative to undertake a review of United Nations experience in international commissions of inquiry and fact-finding mission processes. These investigative tools have increasingly been used in recent years and have time and again shown their tremendous value. We agree that United Nations support for such mandates needs to be improved and that greater dedicated capacity within the Secretariat needs to be deployed. Overall, commissions of inquiry and fact-finding missions should be able to rely on specialized back-office support and apply consistent methods and standards, at least to the extent possible in specific situations. It would also be useful to have a roster of experts available who may be called upon to serve on a commission if and when the need arises.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“We would like to thank the Secretary-General for his report (S/2012/376), which once again makes for a sobering read. The abysmal state of the protection of civilians is, of course, first and foremost the responsibility ofthe parties to a conflict, including non-State armed groups. But it is also clear that the mechanisms developed and deployed by the international community so far are not sufficient. We must therefore undertake to develop effective mechanisms for monitoring compliance with the core instruments of international humanitarian law. My remarks today will focus on the issue of accountability. In addition, my delegation aligns itself with the statement of the group of friends to be delivered by the representative of Switzerland.”
2012-06-25 · UN Security Council · Security Council, S/PV.6790 (2012) · source
“Furthermore, they should also incorporate the definition of the crime of aggression into their national criminal codes, at least with respect to their own nationals. It is our hope that the outcome of today's debate, particularly the presidential statement, will have a concrete impact on the Security Council's future work in country-specific situations and will make a contribution to the preparatory process for the September high-level meeting. The Council's full support for the rule of law is indeed indispensable for the overall success of the United Nations in this area.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“Once formally activated, the Court's jurisdiction over the crime of aggression will give the Council a new policy option for addressing the most serious forms of the illegal use of force in contravention of the Charter. In addition, the definition of the act and crime of aggression can already assist the Council, even now, in its deliberations on the legality of the use of force. The prospect of judicial enforcement of this most central prohibition of the United Nations Charter represents a significant advance for the rule of law in the maintenance of international peace and security. In order to bring this new system to full effect, States should ratify the amendments on the crime of aggression soon.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“Given the wealth of experience gained in recent years with such undertakings, the time seems ripe to systematize and professionalize support for commissions of inquiry, in a manner similar to the Secretariat's improvement of its support for mediation activities. Finally, we would like to take this opportunity to remind the Council and Member States of an important development in international criminal law. The 2010 ICC Review Conference adopted by consensus a definition of the crime of aggression for the purpose of the Rome Statute, as well as the conditions under which the Court may - no earlier than 2017 - exercise jurisdiction over that crime.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“We are pleased to note the Secretary-General's commitment to work together with the ICC and donors to enhance support to national authorities. The General Assembly has repeatedly stressed the importance of placing national perspectives at the centre of rule-of- law support and capacity-building. We hope that the high-level meeting in September will be an opportunity to improve the coordination of those efforts. The report rightly highlights commissions of inquiry as an important tool to promote accountability. At the same time, it appears that the United Nations system often struggles to provide those commissions with the necessary support.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“In recent years and decades we have seen an enormous expansion of international mechanisms promoting the rule of law, and criminal accountability in particular, as evidenced most prominently by the growing role of the International Criminal Court (ICC). At the same time, it is evident, as well as in keeping with the principle of complementarity enshrined in the Rome Statute, that the domestic level holds the key for sustainable progress. It must therefore be at the centre of our attention and also a focus of Security Council action. The Council should remind States of their obligations to investigate and prosecute the most serious crimes under international law and should support efforts to strengthen domestic judicial capacities, in particular by devising appropriate mandates and structures for missions on the ground.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“Such leadership by example is required not only from the Council itself but also from missions and operations mandated by it, often with explicit mandates to support the rule-of-law architecture in the respective host countries. The importance of ensuring that United Nations peacekeepers and other personnel operating in such environments abide by applicable laws and do not commit crimes themselves cannot be overstated. It appears, however, that much remains to be done to effectively prevent such crimes and to ensure that the perpetrators are brought to justice. Repatriation alone is insufficient to bring about accountability. Greater efforts must be made to address this problem, and we were disappointed to note an absence of any reference to it in the report of the Secretary-General.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“The year 2012 may well become the year of the rule of law at the United Nations, not least because of the high-level meeting of the General Assembly to be held in September. It is gratifying to see that the Security Council pays corresponding attention. We agree that the Security Council is playing an increasing role in promoting the rule of law and hope that it will consider and follow the recommendations contained in the report of the Secretary-General (S/2011/634*). We fully endorse his view that the Council should adhere to basic rule-of-law principles to ensure the legitimacy its actions. Indeed, the best way for the Council to promote international law and the rule of law is to lead by example.”
2012-01-19 · UN Security Council · Security Council, S/PV.6705 (2012) · source
“Participants will include Afghan women leaders, both from the Government and civil society, senior United Nations officials, representatives of non-governmental organizations, academics and State representatives, particularly of those countries that are Security Council members. We hope that that meeting, which was supported by the delegations of Afghanistan and Germany, can make a concrete contribution to the preparations for the renewal of the mandate and also offer a unique opportunity to the Council to integrate its thematic work in its country-specific activities. We hope that Council members will be able to accept that invitation.”
2011-12-19 · UN Security Council · Security Council, S/PV.6690 (2011) · source
“With the Council's renewal of the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) due in March 2012, we believe that a discussion of the aspects of the situation in Afghanistan relating to women, peace and security - with a view to informed negotiations within the framework of the mandate renewal - would be timely. The Government of Liechtenstein, in partnership with the Liechtenstein Institute on Self-Determination at Princeton University, is therefore offering to host a workshop in Liechtenstein on implementation of the agenda on women, peace and security in Afghanistan from 28 to 30 January. The outcome of those discussions should be fed into the Council's negotiating process on UNAMA's mandate renewal.”
2011-12-19 · UN Security Council · Security Council, S/PV.6690 (2011) · source
“One aspect of particular importance and sensitivity in that complex process is the situation of women, in the areas both of fighting all forms of gender discrimination and of ensuring women's effective participation in the political process, in line with the Council's agenda on women and peace and security. During the Bonn Conference, numerous Government representatives, including our Foreign Minister, made clear statements on the importance of supporting women's rights and participation as part of the transition and peace processes in Afghanistan, and of safeguarding the advances that have been made in that area in the past decade. We believe that the United Nations, and therefore the Council, has a crucial role to play in this respect.”
2011-12-19 · UN Security Council · Security Council, S/PV.6690 (2011) · source
“We welcome the latest report of the Secretary-General (S/2011/772*) on the situation in Afghanistan, and would like to thank Special Representative Staffan de Mistura for his service. We would also particularly like to congratulate Mr. Jan Kubis on taking on this challenging position and pledge our full support to him. We also welcome the outcome of the Conference recently held in Bonn, which sends a clear message: Afghanistan can count on the long-term support of the international community, both during and long after transition is scheduled to finish by the end of 2014. Afghanistan is progressing in the transition, which will result in the full ownership and sovereignty of the Afghan people and a political system founded on the Afghan Constitution, based on the rule of law and in accordance with international human rights obligations.”
2011-12-19 · UN Security Council · Security Council, S/PV.6690 (2011) · source
“That is not much money compared to the costs of some of the accountability mechanisms set up by the Council, not to mention other activities it has mandated. But it represents an increase of more than 5 per cent in the Court's budget. Competence in that respect of course lies with the General Assembly, not with the Council. We therefore hope that a constructive discussion can be held in the appropriate forums in order to bring this issue to a successful conclusion.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“Referrals to the Court will therefore likely become the main tool of the Council to act in situations where genocide, crimes against humanity and war crimes, and eventually crimes of aggression, have been committed with impunity. Resorting to the services of the Court will, however, also require a fresh look at the financing of such investigations. Under the current practice, those costs are shouldered by the States parties to the Rome Statute. This is at odds with the treaty, which foresees a system under which the United Nations membership should bear the costs arising from a Security Council mandate - just as the Court reimburses the United Nations for its services. For example, the costs for the Libya investigation next year will amount to a projected €7 million.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“Finding the strongest possible support for referral decisions - ideally unanimous - is therefore a key component in that respect. The Council has a rich experience as a source for mechanisms to provide for individual criminal accountability, dating back to the early 1990s. The models it has adopted have been diverse in nature, ranging from ad hoc to hybrid tribunals, incorporating various financing modalities. They are still actively functioning, and a final lessons learned exercise is therefore not possible at this moment. It seems clear, however, that this chapter of the Council's history is largely a thing of the past. For political and financial reasons, it is unlikely that the Council will continue to establish tribunals for specific situations on a regular basis.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“They could lead to ineffective and prolonged proceedings before the Court that are expensive and create a perception of ineffectiveness, compounded by accusations of political bias. For the Council, the effects could be equally damaging, leading to the view that the referral was less an expression of a genuine commitment to ensure accountability for the most serious crimes under international law, than a decision based on political expediency of the time. That is particularly true for the practice of exempting certain categories of persons from the referral decision - a practice that may at some point have to stand the test of the Court's judicial scrutiny. There are, of course, quite different perspectives among individual Council members on this issue, given that some are, and some are not, parties to the Rome 11-5866] Statute.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“But we also believe that referrals are not automatically effective tools in the fight against impunity and, by extension, for the protection of civilians. This is therefore a good moment for the Council to reflect on its role vis-a-vis the Court, to the mutual benefit of both the Council and the Court. The most important element in making referrals effective is follow-up action by the Council, in particular where cooperation with the Court is lacking. Such cooperation is a legal obligation for the State in question under Chapter VII of the Charter, and for all States parties to the Rome Statute. The Council has a broad range of means available to promote and enforce such cooperation, but has so far not made use of them.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“It adopted resolutions 1422 (2002) and 1487 (2003), which are widely considered as contradicting both the Rome Statute and the Charter of the United Nations. Also, it has made two referrals by adopting resolution 1593 (2005), on the situation in Darfur, and resolution 1970 (2011) on the situation in Libya. There is no doubt that the unanimous adoption of resolution 1970 (2011) in particular was a landmark in the Council's engagement on individual criminal accountability, and that it is of outstanding importance for the international acceptance of the Rome Statute system. States parties to the Rome Statute have therefore, for the most part, celebrated these referrals as significant gains in the fight against impunity. We agree with that assessment.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“These two functions are complementary, but they are not precise mirror images of each other. The deferral power is limited in time and requires an active decision of the Council to be renewed, while the referral is a one-time and irreversible act. It is also worth noting that a decision to refer a situation does not automatically trigger an investigation. That decision remains with the Prosecutor and is based on the merits of the case. As a third function, the Security Council will have a role to play with regard to exercising the Court's jurisdiction over the crime of aggression - once the relevant regime under the Rome Statute is activated, which can be no earlier than January 2017. In its history, the Council has resorted twice to the use of article 16.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“We are a member of the Group of Friends on behalf of which the representative of Switzerland made a statement earlier in this debate, raising important issues, including the question of reparations and amends. My remarks today will concentrate on one single topic: the practice of the Security Council in exercising its competencies under the Rome Statute of the International Criminal Court, which was a central topic of the workshop that the Portuguese delegation organized in preparation for this debate. We commend that very useful initiative as a way to make thematic debates in the Council more meaningful. The Security Council has a double competence under the Rome Statute. First, it may refer situations to the Court and, secondly, it may defer ongoing investigations or prosecutions for a renewable period of one year.”
2011-11-09 · UN Security Council · Security Council, S/PV.6650Resumption1 (2011) · source
“Research by the NGO Working Group on Women, Peace and Security reveals that the Council does not consistently apply the principles of the women, peace and security agenda in its country-specific work. In an attempt to make that complex agenda more accessible, and thereby contribute to a better mainstreaming, we have developed an iPhone application on women and peace and security, in close partnership with Switzerland, Peacewomen and the NGO Working Group on Women, Peace and Security, now available in an updated version that includes monthly action points. Those action points contain concrete recommendations that provide guidance on how the Council can systematically meet its obligations to women in armed conflict.”
2011-10-28 · UN Security Council · Security Council, S/PV.6642 (2011) · source
“That commitment includes continued financial support to the Trust Fund for Victims established by the International Criminal Court (ICC), which adopts a gender-based perspective across all programming and specifically targets victims of all forms of sexual and gender violence. Most important, the Trust Fund provides direct assistance to victims, and thus has an immediate impact on the ground. The Rome Statute of the ICC has significantly advanced international law by including sexual violence in the definition of crimes, in particular as a crime against humanity. The ICC therefore represents an important mechanism in the fight against sexual violence, which should be better integrated in the Security Council work on the issue.”
2011-10-28 · UN Security Council · Security Council, S/PV.6642 (2011) · source
“The Council must also, hand in hand with the General Assembly, address the lack of women as lead peace mediators by encouraging the Secretary-General to appoint women to such positions and to ensure that adequate gender expertise is provided for all United Nations-led peace processes. We therefore welcome the adoption of today's presidential statement (S/PRST/2011/20), which will help to further strengthen the perception of women as stakeholders, as opposed to victims or aid recipients. Liechtenstein honours its commitments to implementing resolution 1325 (2000), as pledged at the commitment conference "A call to action" on 25 September 2010. We continue to support international efforts to end impunity for the most serious crimes, including those committed against women during armed conflict.”
2011-10-28 · UN Security Council · Security Council, S/PV.6642 (2011) · source
“Research has shown that the exclusion of women and the lack of gender expertise in peace negotiations lead to irreversible setbacks for women's rights. Peace accords often neglect to ensure the engagement of women in post-conflict governance and their access to economic opportunities, justice and reparations. It is unfortunate that, 11 years after the adoption of resolution 1325 (2000), the contribution of women to conflict management is still severely undervalued and underutilized. The Council must increase its efforts to incorporate a gender perspective in relevant country- specific resolutions, with a view to increasing women's participation in peace negotiations and mediation and in meeting the specific concerns of women during post-conflict reconstruction.”
2011-10-28 · UN Security Council · Security Council, S/PV.6642 (2011) · source
“It is a pleasure to see you, Madam President, preside over this meeting. I would like to thank you for convening it. We welcome the latest report of the Secretary-General (S/2011/598*), which for the first time measures the progress of implementing resolution 1325 (2000) against specific indicators. We also further welcome its recommendations as an important step towards moving the women, peace and security agenda further from rhetoric to action. As outlined in the concept note (S/2011/654, annex) circulated for this debate, the participation of women in decision-making forums related to conflict prevention and resolution, peacebuilding and post- conflict recovery is a central goal of the women, peace and security agenda.”
2011-10-28 · UN Security Council · Security Council, S/PV.6642 (2011) · source
“We call on all persistent violators to develop and implement an action plan that may eventually lead to their de-listing. To that end, the States concerned should allow direct contacts between the office of the Special Representative of the Secretary-General and relevant non-State actors.”
2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source
“We thus call on the Security Council to consider taking such measures when establishing or renewing the mandate of relevant sanctions committees, as agreed in the Council's presidential statement of June 2010 (S/PRST/2010/10). Where no designated sanctions committee is in place, the Council should consider the use of a thematic sanctions committee. Furthermore, it should bear in mind the option of referring situations to relevant national and international justice mechanisms, such as the International Criminal Court, while considering the option of having the financing of such decisions borne by the United Nations budget. Ultimately, the responsibility to respect the rights of children in armed conflict rests with the parties themselves.”
2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source