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Topic: UN Security Council Resolution 1422

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	UN Security Council Resolution - Wikipedia, the free encyclopedia
		Resolution 338 in 1973: calls for a ceasefire in the Yom Kippur War and for implementation of Resolution 242.
		Resolution 678 in 1990: Authorizes member states to use all necessary means to uphold and implement resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area [Kuwait].
		Resolution 1559 in September 2, 2004: calls on Syria to cease intervening in Lebanese internal politics, withdraw from Lebanon, and for the disbanding of all Lebanese militias.
	en.wikipedia.org /wiki/UN_Security_Council_Resolution (478 words)

	International Criminal Court: Security Council must refuse to renew unlawful Resolution 1422
		Resolution 1422 seeks to give perpetual impunity from investigation or prosecution by the recently established International Criminal Court, to nationals of states that have not ratified the Rome Statute accused of genocide, crimes against humanity and war crimes when these persons were involved in operations established or authorized by the UN.
		Resolution 1422 is contrary to the Rome Statute, the UN Charter and other international law and, therefore, it is not binding on the International Criminal Court or UN member states.
		The result of the Security Council's failure to make a determination as to whether there was a threat to international peace and security means that the decisions in Resolution 1422 are not binding decisions under Chapter VII and member states of the United Nations are not obliged to comply with them.
	www.amnestyusa.org /icc/document.do?id=A12427C496B2556680256D1E0046B67E (2960 words)

	The Ambiguities of Security Council Resolution 1422 (2002)
		The Council is not bound by the provisions of the Rome Statute.
		Furthermore, SC Resolution 1422 (2002) does not appear to violate jus cogens or the purposes and principles of the United Nations, to which the Council is bound by virtue of Article 24 of the Charter.
		5 of the preamble to Resolution 1422 (2002).
	www.ejil.org /journal/new/new0210-04.html (2838 words)

	Amnesty.nl - URGENT - SECURITY COUNCIL CONSIDERATION OF RESOLUTION 1422 ON THURSDAY - action required by all ICC/IGO ... (Site not responding. Last check: 2007-10-20)
		It was envisaged that the Security Council might request the Court to defer temporarily investigations and prosecutions of a government or armed group leader while that leader was participating in a peace negotiations under its auspices if it were to determine that the investigation or prosecution might impede that process.
		Resolution 1422 was contrary to the Charter of the United Nations because the Security Council did not make the determination required by Article 39 of the existence of a breach of or threat to international peace and security or a case of aggression before invoking Chapter VII of the Charter.
		If the Security Council were to adopt a resolution renewing its request to the Court to defer investigations or prosecutions, that it would, of course, be up to the Court itself to decide under the Rome Statute what its legal effect would be.
	www.amnesty.nl /persberichten/NK-PB0242.shtml (584 words)

	The ICC and the Security Council: Resolution 1422 Legal and Policy Analysis -Global Policy Forum - International Justice (Site not responding. Last check: 2007-10-20)
		During the Security Council Open Meeting on July 10, 2002, one ambassador asserted, "[Resolution 1422] would have the Council, Lewis Carroll-like, stand Article 16 of the Rome Statute on its head." This same mistake should not be made when the resolution is renegotiated.
		Resolution 1422, by bestowing blanket immunity from the court's jurisdiction to an entire class of persons in advance of unknown future events, is in manifest violation of the Rome Statute.
		States should approach the upcoming Security Council negotiations aware that the Bush administration's push for a renewal of Resolution 1422 is not based on principled objections to the court, or out of concern for the future of international peacekeeping.
	www.globalpolicy.org /intljustice/icc/crisis/0609hrwreport.htm (1755 words)

	Ambassador Negroponte: Explanation of Vote and Remarks at the Security Council Stake-Out following the vote on the ... (Site not responding. Last check: 2007-10-20)
		Some members of this Council are members of the International Criminal Court while others, including the United States, are not and never will be.
		But we believe that these existing mechanisms, within the framework of the UN Charter and the Security Council and already accepted by the international community, are adequate.
		That turned out not to be acceptable to other members of the Council, and we reached the compromise that is reflected in the resolution that you have before you.
	www.un.int /usa/02_098.htm (1278 words)

	Proposed Renewal of the Provisions of Security Council Resolution 1422 (2002) (Site not responding. Last check: 2007-10-20)
		Many delegations expressed the view that it was an inappropriate action on the part of the Security Council to use its authority under Chapter VII of the United Nations Charter to call into question the authority of the International Criminal Court conferred upon it by an international treaty.
		One year later, the Council is called upon to agree to a renewal of the resolution for a further twelve months - an action that would allow this situation to continue and might eventually lead to the resolution being extended indefinitely.
		We once again urge the Security Council, who is entrusted with the maintenance of international peace and security, to use its authority wisely and in the interest of mankind as a whole, and not to allow itself to jeopardize the ICC or to frustrate the ends of international criminal justice.
	www.southafrica-newyork.net /pmun/speeches/sc_res1422.htm (506 words)

	The ICC and the Security Council: Resolution 1422 (Human Rights Watch Legal Analaysis, May 2003) (Site not responding. Last check: 2007-10-20)
		The ICC and the Security Council: Resolution 1422
		Human Rights Watch opposes Resolution 1422 for two reasons: (i) it grossly distorts the meaning of Articles 16 and 27 of the Rome Statute in ways that weaken the independence of the court; and (ii) by amending a multilateral treaty in this way the Security Council has overstepped its authority under the United Nations Charter.
		Defenders of the resolution argued that, as a matter of practice, 1422 would not damage the "core" of the ICC's jurisdiction by exempting a class of individuals from ICC jurisdiction because the risk of U.N. peacekeepers committing Rome Statute crimes was said to be very low.
	www.hrw.org /campaigns/icc/docs/1422legal.htm (1681 words)

	The Ambiguities of Security Council Resolution 1422 (2002)
		On 12 July 2002, the United Nations Security Council adopted Resolution 1422 (2002), requesting the International Criminal Court (ICC) to refrain from initiating investigations or proceedings related to peacekeepers of non-states parties to the Statute, while reaffirming its intention to `renew the request...
		The resolution sends the message that peacekeepers from non-state parties to the Statute are more equal before the law than peacekeepers from state parties, because they benefit from a 12-month exemption from war crimes and other charges under the Statute.
		Security Council members argue that the deal reached on 12 July 2002 was necessary in order to counter the US threats to block the collective security system of the Charter.
	www.ejil.org /journal/Vol14/No1/art1-01.html (461 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		Whereas the resolution is more attenuated in tone than previous proposals by the US for blanket immunity for peacekeepers, it nevertheless puts an obstacle in the way of realizing a long-cherished dream of humanity to plug an impunity hole of the most heinous crimes of international concerns.
		It is a matter of great regret that the Security Council abuses its power enshrined in Chapter VII of UN Charter in the very moment of entry into force of the Treaty for Establishing the International Criminal Court [ICC].
		The SC Resolution threatens the integrity of the Rome Treaty, which is now part of international law and the ability of the ICC to independently fulfill its mandate as outlined in the Treaty.
	www.iccnow.org /resourcestools/statements/ngos/IADLRes_Res1422_22July02.doc (707 words)

	Security Council Requests International Criminal Court Not to Bring Cases Against Peacekeeping Personnel from States ...
		When the Council met, the President transmitted copies of a letter he had received today from the Permanent Representatives of Canada, Brazil, New Zealand and South Africa (document S/2002/754), who challenged the legitimacy of the Council’s arrogating to itself the right to interpret and change the meaning of treaties.
		The letter goes on to say the Council’s pursuit of the matter, despite the clear opposition of the international community, "is damaging international efforts to combat impunity, the system of international justice, and the collective ability to use these systems in the pursuit of international peace and security".
		The net effect of operative paragraphs 1 and 2 of the Council’s resolution will be to remove that possibility in the specific cases of peacekeepers who may have committed crimes under the Court’s jurisdiction, if that peacekeeper comes from a State not party to the Rome Statute.
	www.unis.unvienna.org /unis/pressrels/2002/sc7450.html (704 words)

	SECURITY COUNCIL RESOLUTIONS - 2002
		Security Council resolution 1445 (2002) The situation concerning the Democratic Republic of the Congo
		Security Council resolution 1417 (2002) The situation in the Democratic Republic of the Congo
		Security Council resolution 1399 (2002) The situation concerning the Democratic Republic of the Congo
	www.un.org /Docs/scres/2002/sc2002.htm (754 words)

	International Criminal Court Article, InternationalCriminalCourt Information (Site not responding. Last check: 2007-10-20)
		In response to thewars in the FormerYugoslavia, and the genocide in Rwanda, the United Nations Security Council establishedthe International Criminal Tribunal for the Former Yugoslavia and the InternationalCriminal Tribunal for Rwanda.
		The initial impetus for its establishment came from within the United Nations, and although is legally a separate entity, andnot a United Nations institution, the UN has a clearly defined role towards the court even though it was established by aseparate treaty between states, and not the Security Council acting under the United Nations Charter.
		The resolution was made under Chapter VII of the UN Charter, which requires a "threatto international peace or security" for the Security Council to act; ICC supporters have argued that a US threat to vetopeacekeeping operations does not constitute a threat to international peace or security.
	www.anoca.org /states/united/international_criminal_court.html (2274 words)

	AMICC: Administration ICC Policy (Site not responding. Last check: 2007-10-20)
		The text of Resolution 1422 attempts to track the requirements of Article 16 of the ICC Statute, which authorizes the Security Council to act under its Chapter VII authority to suspend any ICC proceeding on a case-by-case basis for renewable 12-month periods.
		Moreover, at the time 1422 was adopted, member states such as Canada, Brazil, New Zealand and South Africa stated that they believe that a resolution of this character violates the UN Charter itself, as action under Chapter VII requires, at a minimum, the existence of a specific threat to international peace and security.
		The Security Council's four European members, the United Kingdom, France, Germany and Spain, sought to include a provision endorsing Burundi's request to have the ICC investigate and prosecute individuals responsible for the August 13th Gatumba massacre of more than 150 Congolese refugees in Burundi.
	www.amicc.org /usinfo/administration_policy_pkeeping.html (2398 words)

	International Association of Democratic Lawyers: IADL Condemns Terrorist Attacks
		Thirdly, the draft resolution demands the Security Council to decide that the contributing state may waive such immunity whenever and to the extent that, in its judgment, the interests of justice will be served.
		Fourthly, the draft resolution demands the Security Council to decide that in the absence of a waiver by the contributing state, the Security Council shall have the exclusive authority to waive the immunity in the interests of justice.
		Under Article 39 of the UN Charter it is the Security Council which is empowered to determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
	iadllaw.org /resolution.htm (4573 words)

	Report of the Secretary-General on the status of the implementation of the Special Commission's plan for the ongoing ...
		Under paragraph 7 of resolution 715 (1991) the Security Council requested the Commission, in cooperation with the Committee established under resolution 661 (1990) (the Sanctions Committee) and the Director General of IAEA "to develop...
		The Executive Chairman noted that paragraph 7 of resolution 715 (1991) was intended to make provision for the monitoring of sales or supplies by other countries to Iraq of relevant dual-purpose items after the general sanctions imposed by resolution 661 (1990) on those items had been lifted, pursuant to paragraph 21 of resolution 687 (1991).
		However, before going to the Security Council with the required tripartite proposal for the export/import mechanism, the members of the Committee preferred to see a more detailed list of items to be notified than already appeared in the relevant annexes to the Commission's plan for ongoing monitoring and verification.
	www.fas.org /news/un/iraq/s/s1995-0284.htm (11122 words)

	Report submitted by the Executive Chairman of the Special Commission established by the Secretary-General pursuant to ...
		In paragraph 4 of resolution 1115 (1997), the Security Council requests the Executive Chairman of the Special Commission to include in his consolidated progress reports under resolution 1051 (1996) an annex evaluating Iraq's compliance with the obligations set out in paragraphs 2 and 3 of resolution 1115 (1997).
		The provision on access is a fundamental one deriving from resolution 687 (1991) and is expressed in identical terms in resolution 707 (1991) and subsequent Council resolutions and statements.
		This paragraph of the resolution responded to the considerable difficulties the Commission had encountered in being granted access to persons, in particular those whose statements and/or recollections the Commission believes would be of relevance to its investigations and to the verification of Iraq's full, final and complete disclosures.
	www.fas.org /news/un/iraq/s/s1997-774.htm (15780 words)

	Encyclopedia: December 3
		1992 - UN Security Council Resolution 794 is unanimously passed, approving a coalition of United Nations peacekeepers led by the United States to form UNITAF, tasked with ensuring humanitarian aid gets distributed and establishing peace in Somalia.
		The United Nations, or UN, is an international organization established in 1945 and now made up of 191 states.
		Charles VI the Well-Beloved, later known as the Mad (French: Charles VI le Bien-Aimé, later known as le Fol) (December 3, 1368 – October 21, 1422) was a King of France (1380 – 1422) and a member of the Valois Dynasty.
	www.nationmaster.com /encyclopedia/December-3 (7254 words)

	13. Letter from Secretary of State Colin L. Powell explaining U.N. Security Council Resolution 1422 (July 16, 2002)
		The resolution, under Chapter VII of the UN Charter, speaks directly to both the ICC and to UN member states.
		Resolution 1422 establishes the precedent of Security Council deferral of ICC action against non-parties to the Rome Statute arising from their involvement in any UN peacekeeping operation.
		Security Council resolution 1422’s one-year deferral of ICC action gives us the time necessary to negotiate with as broad a group of countries as possible.
	www.state.gov /s/l/38634.htm (596 words)

	[NYTr] US Wants ICC Immunity in UN Peackeeping Resolution
		An open meeting of the Security Council and vote on this Resolution are expected this Friday, May 21.
		Adopted as Resolution 1422 in July 2002, and renewed as Resolution 1487 in June 2003, this UN Resolution requests that the International Criminal Court (ICC) not proceed with investigations or prosecutions of individuals participating in UN peacekeeping or authorized missions who are from countries that have not yet ratified the Rome Statute of the ICC.
		The text of the Resolution is reportedly unchanged from its June 12, 2003 adoption.
	olm.blythe-systems.com /pipermail/nytr/Week-of-Mon-20040517/001687.html (670 words)

	Dutch Permanent Mission to the UN - The Proposed Renewal of the Provisions of Security Council Resolution 1422 (2002) (Site not responding. Last check: 2007-10-20)
		Art 16 reads that “no investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect”.
		The Netherlands firmly believes that resolution 1422 undermines the letter and the spirit of the Statute of the ICC and that a repeated renewal is to be rejected.
		Adoption of this resolution today should not in any way be interpreted as moving in the direction of automatic yearly renewal.
	www.pvnewyork.org /statements/the_proposed (440 words)

	International Criminal Court (Site not responding. Last check: 2007-10-20)
		When the other members of the Security Council rejected that approach, the United States then sought to make use of a provision of the Rome Statute, which permits the Security Council to request the ICC not to exercise its jurisdiction over a certain matter for up to one year at a time.
		The United States sought the Security Council to convey such a request to the ICC concerning personnel on United Nations peacekeeping and enforcement operations, and to have that request renewed automatically each year.
		The resolution was made under Chapter (which?) of the UN Charter, which requires a "threat to international peace or security" for the Security Council to act; ICC supporters have argued that a US threat to veto peacekeeping operations doesn't constitute a threat to international peace or security.
	www.eurofreehost.com /in/International_Criminal_Court_5.html (709 words)

	NGO Report: SC Resolution 1325: Two Years On
		Within the structure of UN hierarchy and its diplomatic and qualified language it would not be able to fulfill one of its most important tasks: the critical monitoring of the UN Security Council.
		Security Council Resolution 1325 refers to landmine awareness and clearance, efforts that will have to be redoubled in Afghanistan as landmines are being planted as we speak.
		The NGOWG calls upon the Security Council to fully use the powers granted to it in the Rome Statute and to maintain the integrity of the Rome Statute, resisting political pressure from those, who seek to undermine the effectiveness and independence of the Court.
	www.peacewomen.org /un/UN1325/NGOreport.html (18901 words)

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