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UNCLAS USUN NEW YORK 001067 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNGA
SUBJECT: UNGA: ANNUAL REPORT OF THE INTERNATIONAL CRIMINAL 
COURT (ICC) IN THE UN 6QGENERAL ASSEMBLY 
 
REF: 07 USUNNEWYORK 969 
 
¶1.  Summary: President of the International Criminal Court 
(ICC), Judge Philippe Kirsch, presented the ICC's annual 
Report (A/63/471) to the General Assembly on October 30. 
Kirsch outlined the Court's progress in the four situations 
before it last year.  Kirsch called for increased 
ratification of the ICC statute and urged States to cooperate 
in the process of executing warrants.  In the debate, many 
Member States also called for increased cooperation.  Sudan's 
statement detailed objections to the warrant issued for the 
arrest of the Sudanese President.  Paragraph 10 lists all the 
countries that gave interventions.  End Summary. 
 
SITUATION IN THE DRC 
-------------------- 
 
¶2.  In the situation in the Democratic Republic of the Congo 
(DRC), the Trial Chamber decided that a fair trial was not 
possible for Mr. Thomas Lubanga due to non-disclosure by the 
Prosecutor of potentially exculpatory evidence.  The Trial 
Chamber ordered Lubanga's release.  The Appeals Chamber 
upheld the decision to suspend trial proceedings, but 
remanded the issue of Lubanga's release to the Trial Chamber. 
 The Prosecutor has submitted a new application to the ICC 
after working with the providers of the potentially 
exculpatory evidence to lift confidentiality restrictions. 
Both the decision on Lubanga's release and the Prosecutor's 
new application are before the Trial Chamber. 
 
¶3.  The DRC surrendered Mathieu Ngudjolo Chui to the Court in 
February of this year.  The ICC jointly considered Chui's 
case with that of Germain Katanga, confirming seven charges 
of war crimes and three charges of crimes against humanity 
against each of them.  In October 2008, the cases of Chui and 
Katanga were transmitted to a new Trial Chamber, which is 
preparing their trial. 
 
PROGRESS IN OTHER SITUATIONS 
---------------------------- 
 
¶4.  The court has issued requests for arrest and surrender 
for seven individuals in the situations in the DRC, Uganda, 
and Sudan.  Kirsch emphasized that cooperation and support 
from other States and international organizations is 
indispensable.  The ICC has begun preparations for a hearing 
on the charges against Jean-Pierre Bemba on the situation in 
the Central African Republic, although no date has been set. 
In all the cases, the Prosecutor's investigations continue. 
The Prosecutor has indicated that he is also looking into 
situations concerning Colombia, Georgia, Afghanistan, Cote 
d'Ivoire and Kenya. 
 
STATE COOPERATION ESSENTIAL FOR THE ICC 
---------------------------------------- 
 
¶5.  Reflecting on the past and future of the ICC, Kirsch 
noted that the Court does not displace existing national or 
international mechanisms.  Rather, the ICC was created to 
complement national jurisdictions.  He commended the fact 
that States have trusted the Courts to investigate and 
prosecute crimes.  The court has not yet had to initiate an 
intervention.  Furthermore, Kirsch observed that States have 
cooperated in surrendering suspects, protecting victims and 
witnesses, and providing information.  These efforts have 
helped the ICC enter a climate of support and respect. 
 
¶6.  Kirsch concluded that the ICC must fulfill its mandate to 
achieve long-term success.  The ICC will work to that end by 
ensuring judicial independence and impartiality while 
striving for efficiency and transparency.  However, Judge 
Kirsch added that the system could only work if all parties 
contribute.  He said that universal ratification is necessary 
for the Court to exercise global jurisdiction.  States must 
continue to cooperate and execute warrants of arrest.  Kirsch 
also warned that statements by States and, in some instances, 
silence, could have a significant impact on the ICC's respect 
and effectiveness in the global community. 
 
MEMBER STATES ALSO CALL FOR COOPERATION 
---------------------------------------- 
 
¶7.  Most speakers echoed Kirsch's call for Member State 
cooperation with the ICC, although Lesotho argued that some 
countries use universal jurisdiction to target "certain 
African leaders" and to meet their own political ends.  Many 
States expressed concern over the seven arrest orders that 
had not been executed.  CARICOM noted that States had an 
 
 
obligation to implement legislation domestically that gave 
full effect to their responsibilities under the Rome Statue. 
Liechtenstein's representative pointed out that a States' 
duty to cooperate with investigations stems not only from the 
Rome Statute, but also from Security Council resolutions, 
such as 1593 (2005).  He continued that the principle of 
cooperation was firmly rooted in the UN Charter.  However, 
Kenya observed that jurisdiction is treaty-based and relies 
on compliance of State parties.  As an example of 
cooperation, Ghana said that the African Union had included 
in its Constitutive Act the right of Member States to 
intervene in crimes against humanity 
. 
 
SUDAN'S OBJECTIONS TO THE ICC 
----------------------------- 
¶8.  Sudan called the issuance of an arrest warrant for the 
President of Sudan "political intrigue" undermining the 
country's dignity.  The Sudanese representative added that 
his country is not party to the Rome Statute and the ICC 
should not try to impose obligations on non-parties. 
Meanwhile, crimes against humanity occurring throughout the 
Middle East and Asia go unpunished.  (Note: At one point, the 
representative said Iraq and Afghanistan, however, for most 
of the intervention he used "Middle East and Asia."  End 
Note.) 
 
¶9.  Nigeria urged States not to politicize the situation in 
Darfur, Sudan.  Conversely, Japan and the European nations 
urged the Sudanese Government to cooperate with the Court. 
 
¶10.  The following delegations gave interventions on the 
Report of the ICC: France (on behalf of the EU), Trinidad and 
Tobago (on be half of the CARICOM), Australia (also on behalf 
of Canada and New Zealand), Argentina, Cuba, Ghana, Japan, 
Kenya Lesotho, Liechtenstein, Mexico, Nigeria, Norway, Peru, 
Senegal, Sudan, Switzerland, Uganda, and Venezuela. 
Khalilzad