Interlocutory Appeals 23 Contempt 1 Referral 2

Interlocutory Appeals 9 Contempt 0 Referral 2

Brazil is in favour of the referral of the situation in Darfur to the International Criminal Court (ICC).

The International Criminal Court received the referral of the situation in Darfur in the capacity of a well developed institution.

We welcome the fact that the Security Council decided to refer the situation in Darfur since 1 July 2002 to the Court.

The delay in the Maigrot case had been caused by the referral to the Supreme Court of a dispute about disclosure of documents.

However, before the case against Toyota could be referred to the Tribunal, the parties entered into negotiations with the Commission to settle the case without referring.

We commend the progress the ICTY is making in referring cases to national jurisdictions.

She considered taking the case to federal court, but spent the following summer with her husband and four children.

The referral of cases of lower ranking accused is another important element for facilitating the Tribunal's completion strategy.

The Security Council's referral of the situation in Darfur under resolution 1593 (2005) is particularly relevant in that respect.

The referral of the situation in Darfur to the Court also demonstrates close cooperation between the United Nations and the International Criminal Court.

Since the establishment of the Tribunal in 1994, my Government has strongly advocated for the transfer of some cases for trial in Rwanda.

Thirdly, referring the matter to the International Criminal Court ensures that credible and timely action will be taken against persons charged with atrocities and serious crimes.

That trust was demonstrated by the referral of the situations in Uganda, the Democratic Republic of the Congo and the Central African Republic to the Court by the States themselves.

Another critical landmark for the Court was the referral by the Security Council on 31 March 2005 of the situation in Darfur, the Sudan.

Article 2

Transfer of rights

Transfer of rights

Judges of the Tribunal participated in a round table discussion on the assessment and weighing of evidence and other Tribunal officials discussed the referral of cases pursuant to Rule 11bis.

That having been said, we believe that the resolution is a genuine and valid compromise leading to the very first referral of a situation to the ICC by the Security Council.

The Tribunal has continued to refer cases involving intermediate and lower ranking accused to national courts in the former Yugoslavia pursuant to Rule 11bis of the Rules.

arbitration submission to

The fact that three States parties have referred their situations to the International Criminal Court and that a non party State has recognized its competence in accordance with Article 12, paragraph 3, demonstrates very clearly that this institution meets a real need facing the international community.

For example, in the inter American system, when a friendly settlement is not reached the Commission has the power to refer the case to the Court or to publish its findings or recommendations.

That is particularly important because the Council utilized one of its prerogatives recognized in the Rome Statute to transfer the situation in Darfur to the Court's jurisdiction.

The Tribunal has continued to refer cases involving intermediate and lower ranking accused to national courts in the former Yugoslavia pursuant to rule 11 bis of the Rules.

In addition, the Tribunal has begun to refer cases to Croatia and the first case to be referred, Ademi and Norac, was not appealed by either party.

Under Rule 11bis, the ICTY remains able to revoke the transfer of a case, should it assess that a fair trial is not being conducted.

Although we abstained on this Security Council referral to the ICC, we have not dropped, and indeed continue to maintain, our long standing and firm objections and concerns regarding the ICC.

Transmission of the provisional agenda and basic documents

In accordance with the present rules, the Secretary General shall bring to the attention of the Committee information that is or appears to be submitted for the Committee's consideration under article 8, paragraph 1, of the Optional Protocol.

Transmission of complaints 157 98.

The Secretary General shall bring to the attention of the Committee, in accordance with the present rules, information which is, or appears to be, submitted for the Committee's consideration under article 20, paragraph 1, of the Convention.

The Security Council took an important stand against impunity in Darfur when it decided in March 2005 to refer charges of war crimes charges to the International Criminal Court.

The referral of the situation in Darfur to the International Criminal Court has brought an international, independent and impartial justice component to the collective international and regional efforts to end the violence in Darfur.

Right of Control Draft article 54, Transfer of rights Draft article 59, Transfer of rights Draft article 61 bis

As previously reported, ten fugitives were transferred to The Hague before the prosecutor's last report to the Council, and three were brought to custody in the reporting period.

Determination of admissibility 52

The information obtained and collated by the Committee shall be made available by its Chairman, through the Secretary General to the members of the Commission at the time of notifying the members of the Commission of the date of the first meeting of the Commission.

As stated earlier, under article 147, paragraph 2, of the Penal Code, the Prosecutor General, acting in coordination and cooperation with the Central Bank, is vested with broad powers, including that of referring the case to the competent court. Moreover, following approval of the draft act on the suppression of money laundering, another separate unit is to be formed to combat suspicious financial operations relating to money laundering.

We believe that the transfer of a number of accused, especially General Gotovina, to the ICTY makes the timely conclusion of the trial proceedings entirely possible.

Following the referral of the situation, a delegation of the International Criminal Court (ICC) went to Addis Ababa to finalize the negotiations of a relationship agreement with the African Union, which had started in 2004, and to meet with officials of the African Union.

refers the persons to appropriate counseling

The provisional agenda and basic documents relating to items appearing thereon shall be transmitted to the members of the Committee by the Secretary General as early as possible.