ď Report of the Prosecutor of the International Criminal Court.

Pursuant to UNSCR 1593 (2005" 

Statement by Ambassador Ronaldo Mota Sardenberg
 Permanent Representative of Brazil to the UN
 Security Council, New York, June 29, 2005



Mr President,

I 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.

 As 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.

 During 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.

            Mr. President,

While 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 .

The 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.

It 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 Justice.

Mr. President,

In 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. 

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.

We 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.

African 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 investigations. To 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.  

My 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 voluntary contributions.

            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.

            Thank you.