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contribution 03 - CLAPHAM Andrew

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Thank you, Mr. Prosecutor. That was very full, frank and very responsive. I think the conference is very grateful. Indeed I would like to just pick up maybe one thing that you said at the end about the problem with the U.K. My understanding is that the government was thinking of introducing some legislation which would make it possible to try those people in the territory of the United Kingdom. And I think it’s a problem which is probably replicated around the world because most states have introduced the laws which allow you to try for genocide, crimes against humanity or crimes in an internal armed conflict as a result of the ICC Statute. So it’s all post‑2000 legislation. But I think if the political pressure comes, it’s quite possible to pass an amendment which would allow for such trials in the U.K. and elsewhere.

I picked up three particular issues which I noticed were also sent in on some of the sheets which were sent to the chairs. I might just highlight those in case there’s time to discuss them after the break or if Ambassador Carla Del Ponte wants to pick up some of them. One is trial in absentia which is, obviously, an important and interesting suggestion. The second is this question of the difference between a strategy which pursues joint indictments or individual indictments. And the last is the question of the balance between investigators and Prosecutors, and what you suggested is the juggling that you are doing between the emphasis in the field, if I can put it like that, in Kigali and how important it is to have this connection between investigators and Prosecutors. I mention this as an interesting fact and not just because of the Rwanda Tribunal, but I think it will come up maybe this afternoon, but it’s going to come up in general with regards to the work of the International Criminal Court. As you know, your colleagues down the road, if I can put it like that, have had some problems with regard to how to go forward in Darfur and whether or not it makes sense to have investigators in Sudan and how to deal with the prosecution strategy without investigators gathering facts

But now I would like to give the floor to Ambassador Carla Del Ponte, former Prosecutor of the Tribunal.