ď Report of the Prosecutor of the International Criminal Court.
Pursuant to UNSCR 1593 (2005"
wish to congratulate Prosecutor Luiz Moreno Ocampo for his briefing on the
preliminary measures concerning the referral of the Inquiry Commissionís
report to the ICC. Justice is crucial in establishing peace and ending violence
in Darfur and, in this regard, I wish to reiterate our
full support to the ICC.
my delegation has previously stated, the Court is the only acceptable judicial
organ to deal with the situation in Darfur and effective management of the
investigations will be decisive to strengthen the Courtís authority in this
preliminary phase. I should recall that Brazil abstained in the voting of
Resolution 1593 as, in our view, our full commitment to the Court could not be
adequately reflected in its text. Brazil
will be following closely the reports of the Prosecutor to this Council pursuant
to the provisions of Resolution 1593.
the negotiations concerning the referral, urgency was always mentioned as a
key-argument to favor the recommendation of the report to the ICC. Three months
after the adoption of Resolution 1593, my delegation is pleased to see that the
referral has met the admissibility requirements of the Rome Statute and that the
Prosecutor has already started the preliminary proceedings concerning
investigations. The very beggining of the investigations constitutes already a
powerful tool to halt violence in Darfur.
taking note of the initiatives of the Sudanese government towards criminal
accountability - through the establishment of a tribunal to deal with crimes
committed in Darfur -, we share the Prosecutorís concern regarding the
standards of genuineness as defined by article 17 of the Rome Statute .
Council has entrusted the Court with the responsibility to investigate and try
those accused for human rights violations through international acceptable and
reliable judicial mechanisms. But we are aware that the Court has to act in
accordance with the complementarity regime. The Court will, then, have the
responsibility of reconciling - when possible - both instances exclusively in
the interest of Justice.
is well known that Justice is not always a corollary of law enforcement. Article
17 of the Rome Statute, as recalled by the Prosecutor, provides elements to
determine if a national jurisdiction is acting in accordance with the principles
of due process recognized by international law. We hope that, on assessing the
complementarity principle, the Prosecutor also considers the provisions of
Article 17, subparagraph (c) concerning Independence and impartiality, which, in
our view, are sine qua non requirements to ensure criminal accountability and
his report, the Prosecutor recalls that Resolution 1593 requires the Government
of Sudan and all other parties in the conflict of Darfur to cooperate fully with
the Court. In this respect, the Brazilian delegation wishes to acknowledge that
the Government of Sudan has provided the Prosecutor with requested information
relating the Sudanese legal system. This maybe a first step of a long-term and
solid process of cooperation.
of Sudan and all the parties in conflict with the Prosecutor will be essential
for the success of the investigations and will accelerate the pace of the
proceedings. By cooperating with
the Court - including by protecting victims, arresting and surrendering persons
subject to ICC arrest warrants Ė the Sudanese Government would be giving a
significant demonstration of its commitment to accountability and Justice.
also commend the Prosecutor for his efforts in strengthening the cooperation of
ICC with neighboring countries and with the African Union.
As stressed by the Prosecutor, their support will be important to ensure
the effective implementation of Resolution 1593, as, for instance, in the
process of evidence gathering.
Union has played a leading role in seeking peace and security in Darfur and
Brazil hopes African support can become stronger as investigations advance. The
conclusion of the relationship agreement with the African Union will provide the
necessary structure for future cooperation and we would like to call upon the
parties to sign the agreed text as soon as possible.
As in all criminal proceedings, witnesses play a crucial role in the
move ahead with an effective investigation, my
delegation hopes the Court can provide full protection for those who come
forward to testify and conduct
an active outreach campaign to explain the courtís mandate and purpose.
delegation would like to thank the Canadian Government for its voluntary
contribution to assist the preliminary phase of investigations. Since the
Prosecutor will need a sufficiently staffed investigative team and adequate
support, the Court may need the increase of available resources, mainly through
Finally, I would like to renew our support to the work of Prosecutor
Moreno Ocampo. The Office of the Prosecutor has a difficult task ahead, dealing
with sensitive legal and humanitarian
issues on which the progress of the investigations will depend. The referral was
a historic step in the field of international criminal law, but equally
important will be the outcome of the investigations and the promotion of
justice. Brazil is ready to cooperate with the Prosecutor to achieve that aim.