A/RES/62/12: Item 76. Report of the International Criminal Court

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1 PLENARY RESOLUTIONS REFERENCES TO THE INTERNATIONAL CRIMINAL COURT IN 62 ND UN GENERAL ASSEMBLY RESOLUTIONS (2007) PLENARY RESOLUTIONS Report of the International Criminal Court ANNUAL A/RES/62/12: Item 76. Report of the International Criminal Court Main Sponsor: The Netherlands Tabled 1 November 2007 Draft Resolution A/62/L.13 sponsored by Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Barbados, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Central African Republic, Colombia, Comoros, Congo, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Estonia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guyana, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Marshall Islands, Mexico, Mongolia, Nauru, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Senegal, Serbia, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tajikistan, the former Yugoslav Republic of Macedonia, Timor- Leste, Trinidad and Tobago, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Venezuela (Bolivarian Republic of) and Zambia Adopted without a vote, 26 November 2007 A/62/L.13/Add.1 added countries to the list of sponsors of the draft resolution: Afghanistan, Chad, Chile, Guinea, Haiti, Madagascar, Montenegro and Saint Kitts and Nevis Role of diamonds in fuelling conflict A/RES/62/11: Item 13. Breaking the link between the illicit transaction of rough diamonds and armed conflict as a contribution to prevention and settlement of conflicts No ICC Reference: PP2: Recognizing also the devastating impact of conflicts fuelled by the trade in conflict diamonds on the peace, safety and security of people in affected countries, and the systematic and gross human rights violations that have been perpetrated in such conflicts, Main Sponsor: The Netherlands Tabled 21 November 2007 Draft resolution A/62/L.16 (orally corrected) + Add. 1 Adopted without a vote, 26 November 2007 Will be included in provisional agenda of 63 rd session 1

2 F PLENARY RESOLUTIONS Safety and security of humanitarian personnel A/RES/62/95: Item 71. Safety and security of humanitarian personnel and protection of United Nations personnel ICC References: PP15: Recalling the inclusion of attacks intentionally directed against personnel involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter as a war crime in the Rome Statute of the International Criminal Court, OP 6: Also calls upon all States to consider becoming parties to the Rome Statute of the International Criminal Court; Sponsors: Australia, Bosnia and Herzegovina, Gabon, Georgia, Israel, Liechtenstein, Montenegro, New Zealand and Timor-Leste Draft resolution A/62/L.38 + Add.1 Adopted without a vote, 21 December

3 THIRD COMMITTEE RESOLUTIONS Advancement of Women A/RES/62/132: Item 63(a). Violence against women migrant workers No ICC Reference: OP 12: Calls upon Governments, in particular those of the countries of origin and destination, to put in place penal and criminal sanctions to punish perpetrators and intermediaries of violence against women migrant workers, and redress and justice mechanisms that victims can access effectively, as well as to ensure that migrant women victims of violence do not suffer from revictimization, including by authorities; Main Sponsor: Philippines Draft Resolution A/C.3/62/L.14/Rev.1, 16 October 2007 Introduced: 21 st meeting on 23 October 2007 Revised draft resolution A/C.3/62/L.14/Rev.1 15 November: Argentina, Azerbaijan, Belarus, Bolivia, Chile, Democratic Republic of the Congo, Ecuador, Ethiopia, Guatemala, Guinea, Honduras, Indonesia, Kenya, Mali, Paraguay, Peru, Philippines, Senegal, Uganda and United States of America Approved without a vote, 48 th meeting, 19 November 2007 A/RES/62/133: Item 63(a). Intensification of efforts to eliminate all forms of violence against women No ICC Reference: PP7: Stressing that States have the obligation to promote and protect all human rights and fundamental freedoms for all, including women and girls, and must exercise due diligence to prevent, investigate and punish the perpetrators of violence against women and girls, to eliminate impunity and to provide protection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment of their human rights and fundamental freedoms Main Sponsor: Netherlands Introduced 21 st meeting, 23 October 2007 Draft Resolution A/C.3/62/L.15/Rev.1, 31 October 2007 Approved without a vote, 34 th meeting, 1 November 2007 A/RES/62/134: Item 63(a). Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations ICC Reference: PP6: Recalling also the inclusion of rape and other forms of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court. PP7: Recalling further the recognition by the ad hoc international criminal tribunals that rape can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide OP1: Urges States: [ ] (b) To end impunity by ensuring that all rape victims, particularly women and girls, have equal protection under the law and equal access to justice and by investigating, prosecuting and punishing any person responsible for rape and other forms of sexual violence, whether or not committed by State or non-state actors in the course of achieving political or military objectives, wherever they occur, whether or not in 3

4 the course of an international or non-international armed conflict, including in detention and in jails, and regardless of the sex or age of the victim; Main Sponsor: United States Introduced A/C.3/62/L.16/Rev.1 32 nd meeting, 31 October 2007 Draft Resolution A/C.3/62/L.16 Approved without a vote, 46 th meeting, 19 November 2007 A/RES/62/218: Item 63(a). Convention on the Elimination of All Forms of Discrimination against Women No ICC Reference: Addresses the need for a comprehensive and integrated approach to the promotion and protection of the human rights of women, which includes the integration of the human rights of women into the mainstream of United Nations activities system-wide. Main Sponsor: Denmark Draft Resolution A/C.3/62/L.20 Introduced 21 st meeting, 23 October 2007 Approved 53 rd meeting, Vote of 173:1, 27 November 2007 Adopted A/RES/62/218, 79 th plenary meeting, 22 December 2007, Vote 151:1:0, Promotion and protection of the rights of children A/RES/62/140: Item 66(a). The girl child No ICC Reference: The resolution would have the Assembly stress the need for full and urgent implementation of the rights of the girl child, as guaranteed to her under all human rights instruments, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities, and all the related Optional Protocols, and would urge States to consider signing, ratifying or acceding to those human rights instruments. Main Sponsor: Zambia (SADC) Introduced 29 th meeting, 29 October 2007 Draft Resolution A/C.3/62/L.23: 19 October 2007 Draft resolution III (document A/C.3/62/L.23/Rev.1), approved without a vote as orally revised, 28 November 2007 Adopted 76 th plenary meeting, 18 December 2007, Vote A/RES/62/141: Item 66(a). Rights of the child ICC References: OP 41(e): To protect children affected by armed conflict, in particular from violations of international humanitarian law and human rights law and to ensure that they receive timely, effective humanitarian assistance, in accordance with international humanitarian law, including the Geneva Conventions of 12 August 1949, 24 and calls upon the international community to hold those responsible for violations accountable, inter alia, through the International Criminal Court; 4

5 OP 55: Recognizes the contribution of the International Criminal Court in ending impunity for the most serious crimes against children, including genocide, crimes against humanity and war crimes, and calls upon States not to grant amnesties for such crimes; OP 56: Acknowledges the contributions of the international criminal tribunals and special courts in ending impunity for the most serious crimes against children, including genocide, crimes against humanity and war crimes; Main Sponsors: Portugal (EU) and Uruguay (GRULAC) Draft Resolution A/C.3/62/L.24: 23 October 2007 Introduced 34 th meeting, 1 November 2007 Adopted A/C.3/62/L.24/Rev.1: 53rd meeting, 27 November 2007 (as orally revised), Vote 176:1 Promotion and protection of human rights A/RES/62/148: Item 70(a). Torture and other cruel, inhuman or degrading treatment or punishment ICC Reference: PP6: Noting that under the Geneva Conventions of 1949 torture and inhuman treatment are a grave breach and that under the statutes of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 and the Rome Statute of the International Criminal Court acts of torture in armed conflict constitute war crimes and can constitute crimes against humanity, and, when committed in a situation of armed conflict, constitute war crimes. OP9: Emphasizes that acts of torture in armed conflict are serious violations of international humanitarian law and in this regard constitute war crimes, that acts of torture can constitute crimes against humanity and that the perpetrators of all acts of torture must be prosecuted and punished; Main Sponsor: Denmark Introduced 34 th meeting, 29 October 2007 Draft Resolution A/C.3/62/L.26/Rev.1 Approved without a vote (as orally revised) 51st meeting, 21 November 2007 A/RES/62/153: Item 70(b). Protection of and assistance to internally displaced persons ICC Reference: PP9: Deploring practices of forced displacement and their negative consequences for the enjoyment of human rights and fundamental freedoms by large groups of populations, and recalling the relevant provisions of the Rome Statute of the International Criminal Court that define the deportation or forcible transfer of population as a crime against humanity and the unlawful deportation or transfer of the civilian population, as well as ordering the displacement of the civilian population, as war crimes, Main Sponsor: Norway 5

6 Draft A/C.3/62/L.34. Draft RES. V, A/62/439/Add.2, Approved without a vote (as orally revised), 52nd meeting, 21 November 2007 A/RES/62/158: Item 70(b). Human rights and cultural diversity No ICC reference: Importance of ensuring respect for the rule of law and human rights in the administration of justice, in particular in post-conflict situations, as a crucial contribution to building peace and justice and ending impunity. Main Sponsor: Islamic Republic of Iran Draft: A/C.3/62/L.39, A/62/439/Add.2, draft res. XI Approved without a vote (as orally revised), 48th meeting, 19 November 2007 A/RES/62/156: Item 70(b). Protection of migrants No ICC reference: Reaffirms that everyone has the right to freedom of movement and residence within the borders of each State, and to leave any country, including his own, and return to his country. Main Sponsor: Mexico Draft: A/C.3/62/L.40, A/62/439/Add.2, draft res. VIII Approved without a vote, 54th meeting, 28 November 2007 A/RES/62/157: Item 70(b). Elimination of all forms of intolerance and of discrimination based on religion or belief No ICC reference: Emphasized that States, regional organizations, non-governmental organizations, religious bodies and the media have an important role to play in promoting tolerance, respect and freedom of religion or belief. Main Sponsors: Portugal (on behalf of the European Union) A/62/439/Add.2 (orally corrected), draft res. IX Draft: A/C.3/62/L.42 Approved without a vote (as orally revised), 52nd meeting, 21 November 2007 A/RES/62/158: Item 70(b). Human rights in the administration of justice No ICC reference: Decides to continue its consideration of the question of human rights in the administration of justice at its sixty-fourth session under the item entitled Promotion and protection of human rights. Main Sponsor: Austria Introduced 5 November 2007 A/62/439/Add.2, draft res. XI 6

7 Draft: A/C.3/62/L.45 Approved without a vote, 48th meeting, 19 November 2007 A/RES/62/159: Item 70(b). Protection of human rights and fundamental freedoms while countering terrorism No ICC reference: Reaffirms the fundamental importance, including in response to terrorism and the fear of terrorism, of respecting all human rights and fundamental freedoms and the rule of law. Main Sponsor: Mexico A/62/439/Add.2, draft res. XI Draft: A/C.3/62/L.47 Approved without a vote, 53rd meeting, 27 November 2007 A/RES/62/222 Item 70(c). Situation of human rights in Myanmar No ICC reference: Expressed deep concern at the situation of human rights in Myanmar, and in particular at the recent violent repression of peaceful demonstrations, including through beatings, killings, arbitrary detentions and enforced disappearances. Main Sponsor: Portugal (on behalf of the European Union) Draft: A/C.3/62/L.41 Approved (as orally corrected), 50th meeting, 20 November 2007 Adopted with a vote , 76 th plenary meeting, 22 December 2007 Criminal prevention and criminal justice A/RES/62/172, Item 106. Technical assistance for implementing the international conventions and protocols relating to terrorism, Follow-up to the Eleventh United Nations Congress on Crime Prevention and Criminal Justice and preparations for the Twelfth United Nations Congress on Crime Prevention and Criminal Justice No ICC reference: Urges Member States to strengthen international cooperation to the greatest extent possible to prevent and suppress terrorism, and would ask that the United Nations Office on Drugs and Crime (UNODC) to provide, subject to the availability of extrabudgetary resources, assistance. Main Sponsor: Recommended for adoption by ECOSOC Draft: A/C.3/62/L.3 Approved Follow-up to the Eleventh United Nations Congress on Crime Prevention and Criminal Justice, without a vote (as orally revised), 16th meeting, 18 October 2007 Adopted A/RES/62/172, A/RES/62/173, A/RES/62/174, A/RES/62/175 without a vote, 76 th plenary meeting, 18 December

8 SIXTH COMMITTEE RESOLUTIONS SIXTH COMMITTEE RESOLUTIONS Terrorism A/RES/62/71: Item 108. Measures to eliminate international terrorism No ICC reference: Convinced of the importance of the consideration of measures to eliminate international terrorism by the General Assembly as the universal organ having competence to do so. Draft: A/C.6/62/L.14 Resolution contained in the report was adopted without a vote as orally amended by the representative of Canada on a procedural matter. Adopted without a vote, A/62/455 (orally corrected), 62 nd plenary meeting, 6 December 2007 Administration of Justice at the UN A/RES/62/228: Item 137. Administration of justice at the UN No ICC reference: Emphasized the importance for the United Nations to have an efficient and effective system of administration of justice so as to ensure that individuals and the Organization are held accountable for their actions in accordance with relevant resolutions and regulations. Draft decision A/C.6/62/L.22 introduced by Malaysia on behalf of the Bureau at the 28th meeting on 19 November 2007 Adopted draft decision 62/519*, 62 nd plenary meeting, 6 December 2007 Criminal accountability of United Nations officials and experts on missions A/RES/62/63: Item 80. Criminal accountability of United Nations officials and experts on missions No ICC Reference: Strongly urges States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go unpunished and that the perpetrators of such crimes are brought to justice, without prejudice to the privileges and immunities of such persons and the United Nations under international law, and in accordance with international human rights standards, including due process; Encourages all States to cooperate with each other and with the United Nations in the exchange of information and in facilitating the conduct of investigations and, as appropriate, prosecution of United Nations officials and experts on mission who are alleged to have committed crimes of a serious nature, in accordance with their domestic laws and applicable United Nations rules and regulations, fully respecting due process rights, as well as to consider strengthening the capacities of their national authorities to investigate and prosecute such crimes; Draft Resolution A/C.6/62/L.10, 8 November 2007 Adopted without a vote, 62 nd plenary meeting, 6 December

9 SIXTH COMMITTEE RESOLUTIONS Responsibility of States for internationally wrongful acts A/RES/62/61: Item 78. Responsibility of States for internationally wrongful acts No ICC reference: Notes that the subject of responsibility of States for internationally wrongful acts is of major importance in relations between States, and noted with appreciation the compilation of decisions of international courts, tribunals and other bodies referring to the articles, prepared by the Secretary-General. Adopted without a vote, 62 nd plenary meeting, 6 December 2007 Rule of Law A/RES/62/70: Item 86. Rule of law at the national and international levels No ICC reference: Reaffirms the need for universal adherence to and implementation of the rule of law at both the national and international levels. Convinced that the advancement of the rule of law at the national and international levels is essential for the realization of sustained economic growth, sustainable development, the eradication of poverty and hunger and the protection of all human rights and fundamental freedoms, and acknowledging that collective security depends on effective cooperation, in accordance with the Charter and international law. Adopted without a vote, 62 nd plenary meeting, 6 December