A. TITEL

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

B. TEKST

De Engelse tekst van het Handvest is bij Koninklijk Besluit van 21 december 1945 bekendgemaakt in Stb. F 321.

De Engelse en de Franse tekst, zoals gewijzigd, zijn geplaatst in Trb. 1979, 37.

Op 20 december 2006 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5602e zitting aangenomen Resolutie 1731 (2006). De Engelse tekst van de resolutie luidt:


Resolution 1731 (2006)

Adopted by the Security Council at its 5602nd meeting, on 20 December 2006

The Security Council,

Recalling its previous resolutions and statements by its President on the situation in Liberia and West Africa,

Welcoming the sustained progress made by the Government of Liberia since January 2006, in rebuilding Liberia for the benefit of all Liberians, with the support of the international community,

Recalling its decision not to renew the measures in paragraph 10 of resolution 1521 (2003) regarding round log and timber products originating in Liberia, and stressing that Liberia’s progress in the timber sector must continue with the effective implementation and enforcement of the National Forestry Reform Law signed into law on 5 October 2006, including the resolution of land and tenure rights,

Welcoming the Government of Liberia’s continuing cooperation with the Kimberley Process Certification Scheme and noting Liberia’s progress towards putting in place the necessary internal controls and other requirements in order to satisfy the minimum requirements of the Kimberley Process,

Stressing the continuing importance of the United Nations Mission in Liberia (UNMIL) in improving security through Liberia and helping the new Government establish its authority throughout the country, particularly in the diamond and timber-producing regions, and border areas,

Recognizing the need for newly vetted and trained Liberian security forces to assume greater responsibility for national security, and taking note of the need for Liberian armed forces to procure humanitarian, medical and/or training equipment,

Taking note of the report of the United Nations Panel of Experts on Liberia dated 20 December 2006 (S/2006/976), including on the issues of diamonds, timber, rubber, and arms,

Having reviewed the measures imposed by paragraphs 2, 4, and 6 of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004) and the progress towards meeting the conditions set out by paragraphs 5 and 7 of resolution 1521 (2003), and concluding that insufficient progress has been made towards that end,

Underlining its determination to support the Government of Liberia in its efforts to meet those conditions, and encouraging donors to do likewise,

Determining that, despite significant progress having been made in Liberia, the situation there continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides, on the basis of its assessment of progress made to date towards meeting the conditions for lifting the measures imposed by resolution 1521 (2003):

    • a) To renew the measures on arms imposed by paragraph 2 of resolution 1521 (2003) and modified by paragraphs 1 and 2 of resolution 1683 (2006) and to renew the measures on travel imposed by paragraph 4 of resolution 1521 (2003) for a further period of 12 months from the date of adoption of this resolution;

    • b) That the measures on arms imposed by paragraph 2 (a) and (b) of resolution 1521 (2003) shall not apply to supplies of non-lethal military equipment, excluding non-lethal weapons and ammunition, as notified in advance to the Committee established by paragraph 21 of resolution 1521 (2003), intended solely for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia (UNMIL) in October 2003;

    • c) To renew the measures on diamonds imposed by paragraph 6 of resolution 1521 (2003) and renewed by paragraph 4 of resolution 1689 (2006) for an additional six (6) months with a review by the Council after four (4) months, to allow the Government of Liberia sufficient time to establish an effective Certificate of Origin regime for trade in Liberian rough diamonds that is transparent and internationally verifiable, with a view to joining the Kimberley Process, and calls upon the Government of Liberia to provide the Sanctions Committee, established according to paragraph 21 of resolution 1521 (2003) with a detailed description of the proposed regime;

    • d) To review any of the above measures at the request of the Government of Liberia, once the Government reports to the Council that the conditions set out in resolution 1521 (2003) for terminating the measures have been met, and provides the Council with information to justify its assessment;

  • 2. Notes that the measures imposed by paragraph 1 of resolution 1532 (2004) remain in force and reconfirms its intention to review these measures at least once a year;

  • 3. Encourages the Government of Liberia to benefit from UNMIL’s offer to provide joint patrols with the Forestry Development Authority with a view to strengthening Government control in forestry areas;

  • 4. Decides to extend the mandate of the current Panel of Experts appointed pursuant to paragraph 5 of resolution 1689 (2006) for a further period until 20 June 2007 to undertake the following tasks:

    • a) To conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a report on the implementation, and any violations, of the measures imposed by resolution 1521 (2003) and renewed in paragraphs 1 and 2 above, including any information relevant to the designation by the Committee of the individuals described in paragraph 4 (a) of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004), and including the various sources of financing, such as from natural resources, for the illicit trade of arms;

    • b) To assess the impact of and effectiveness of the measures imposed by paragraph 1 of resolution 1532 (2004), including particularly with respect to the assets of former President Charles Taylor;

    • c) To assess the implementation of forestry legislation passed by the Liberian Congress on 19 September 2006 and signed into law by President Johnson- Sirleaf on 5 October 2006 and the progress and humanitarian and socio-economic impact of the measures imposed by paragraphs 2, 4 and 6 of resolution 1521 (2003) and renewed in paragraph 1 of resolution 1647 (2005);

    • d) To report to the Council through the Committee by 6 June 2007 on all the issues listed in this paragraph, and to provide informal updates to the Committee as appropriate before that date, especially on progress towards meeting the conditions for lifting the measures imposed by paragraph 6 of resolution 1521 (2003) and on progress in the timber sector since the lifting of paragraph 10 of resolution 1521 (2003) in June 2006;

    • e) To cooperate with other relevant groups of experts, in particular that established on Côte d’Ivoire by resolution 1708 (2006) of 14 September 2006, and with the Kimberley Process Certification Scheme;

    • f) To identify and make recommendations regarding areas where the capacity of States in the region can be strengthened to facilitate the implementation of the measures imposed by paragraph 4 of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004);

  • 5. Requests the Secretary-General to take the necessary measures, in this exceptional instance, to re-appoint the current members of the Panel of Experts as referred to in his letter to the President of the Security Council dated 27 June 2006 (S/2006/438) and to make the necessary financial and security arrangements to support the work of the Panel;

  • 6. Calls upon all States and the Government of Liberia to cooperate fully with the Panel of Experts in all the aspects of its mandate;

  • 7. Encourages the Kimberley Process to inform, as appropriate, the Security Council through its Committee about any possible follow-up visit to Liberia and its assessment of progress made by the Liberian Government towards joining the Kimberley Process Certification Scheme;

  • 8. Decides to remain actively seized of the matter.

Op 24 maart 2007 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5647e zitting aangenomen Resolutie 1747 (2007). De Engelse tekst van de resolutie luidt:


Resolution 1747 (2007)

Adopted by the Security Council at its 5647th meeting on 24 March 2007

The Security Council,

Recalling the Statement of its President, S/PRST/2006/15, of 29 March 2006, and its resolution 1696 (2006) of 31 July 2006, and its resolution 1737 (2006) of 23 December 2006, and reaffirming their provisions,

Reaffirming its commitment to the Treaty on the Non-Proliferation of Nuclear Weapons, the need for all States Party to that Treaty to comply fully with all their obligations, and recalling the right of States Party, in conformity with Articles I and II of that Treaty, to develop research, production and use of nuclear energy for peaceful purposes without discrimination,

Recalling its serious concern over the reports of the IAEA Director General as set out in its resolutions 1696 (2006) and 1737 (2006),

Recalling the latest report by the IAEA Director General (GOV/2007/8) of 22 February 2007 and deploringthat, as indicated therein, Iran has failed to comply with resolution 1696 (2006) and resolution 1737 (2006),

Emphasizing the importance of political and diplomatic efforts to find a negotiated solution guaranteeing that Iran’s nuclear programme is exclusively for peaceful purposes, and noting that such a solution would benefit nuclear non-proliferation elsewhere, and welcoming the continuing commitment of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the support of the European Union’s High Representative to seek a negotiated solution,

Recalling the resolution of the IAEA Board of Governors (GOV/2006/14), which states that a solution to the Iranian nuclear issue would contribute to global non-proliferation efforts and to realizing the objective of a Middle East free of weapons of mass destruction, including their means of delivery,

Determined to give effect to its decisions by adopting appropriate measures to persuade Iran to comply with resolution 1696 (2006) and resolution 1737 (2006) and with the requirements of the IAEA, and also to constrain Iran’s development of sensitive technologies in support of its nuclear and missile programmes, until such time as the Security Council determines that the objectives of these resolutions have been met,

Recalling the requirement on States to join in affording mutual assistance in carrying out the measures decided upon by the Security Council,

Concerned by the proliferation risks presented by the Iranian nuclear programme and, in this context, by Iran’s continuing failure to meet the requirements of the IAEA Board of Governors and to comply with the provisions of Security Council resolutions 1696 (2006) and 1737 (2006), mindfulof its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security,

Acting under Article 41 of Chapter VII of the Charter of the United Nations,

  • 1. Reaffirms that Iran shall without further delay take the steps required by the IAEA Board of Governors in its resolution GOV/2006/14, which are essential to build confidence in the exclusively peaceful purpose of its nuclear programme and to resolve outstanding questions, and, in this context, affirms its decision that Iran shall without further delay take the steps required in paragraph 2 of resolution 1737 (2006);

  • 2. Calls upon all States also to exercise vigilance and restraint regarding the entry into or transit through their territories of individuals who are engaged in, directly associated with or providing support for Iran’s proliferation sensitive nuclear activities or for the development of nuclear weapon delivery systems, and decides in this regard that all States shall notify the Committee established pursuant to paragraph 18 of resolution 1737 (2006) (herein “the Committee”) of the entry into or transit through their territories of the persons designated in the Annex to resolution 1737 (2006) or Annex I to this resolution, as well as of additional persons designated by the Security Council or the Committee as being engaged in, directly associated with or providing support for Iran’s proliferation sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology specified by and under the measures in paragraphs 3 and 4 of resolution 1737 (2006), except where such travel is for activities directly related to the items in subparagraphs 3 (b) (i) and (ii) of that resolution;

  • 3. Underlines that nothing in the above paragraph requires a State to refuse its own nationals entry into its territory, and that all States shall, in the implementation of the above paragraph, take into account humanitarian considerations, including religious obligations, as well as the necessity to meet the objectives of this resolution and resolution 1737 (2006), including where Article XV of the IAEA Statute is engaged;

  • 4. Decides that the measures specified in paragraphs 12, 13, 14 and 15 of resolution 1737 (2006) shall apply also to the persons and entities listed in Annex I to this resolution;

  • 5. Decides that Iran shall not supply, sell or transfer directly or indirectly from its territory or by its nationals or using its flag vessels or aircraft any arms or related materiel, and that all States shall prohibit the procurement of such items from Iran by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of Iran;

  • 6. Calls upon all States to exercise vigilance and restraint in the supply, sale or transfer directly or indirectly from their territories or by their nationals or using their flag vessels or aircraft of any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register on Conventional Arms to Iran, and in the provision to Iran of any technical assistance or training, financial assistance, investment, brokering or other services, and the transfer of financial resources or services, related to the supply, sale, transfer, manufacture or use of such items in order to prevent a destabilizing accumulation of arms;

  • 7. Calls upon all States and international financial institutions not to enter into new commitments for grants, financial assistance, and concessional loans, to the Government of the Islamic Republic of Iran, except for humanitarian and developmental purposes;

  • 8. Calls upon all States to report to the Committee within 60 days of the adoption of this resolution on the steps they have taken with a view to implementing effectively paragraphs 2, 4, 5, 6 and 7 above;

  • 9. Expresses the conviction that the suspension set out in paragraph 2 of resolution 1737 (2006) as well as full, verified Iranian compliance with the requirements set out by the IAEA Board of Governors would contribute to a diplomatic, negotiated solution that guarantees Iran’s nuclear programme is for exclusively peaceful purposes, underlines the willingness of the international community to work positively for such a solution, encourages Iran, in conforming to the above provisions, to re-engage with the international community and with the IAEA, and stresses that such engagement will be beneficial to Iran;

  • 10. Welcomes the continuous affirmation of the commitment of China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the support of the European Union’s High Representative, to a negotiated solution to this issue and encourages Iran to engage with their June 2006 proposals (S/2006/521), attached in Annex II to this resolution, which were endorsed by the Security Council in resolution 1696 (2006), and acknowledges with appreciation that this offer to Iran remains on the table, for a long-term comprehensive agreement which would allow for the development of relations and cooperation with Iran based on mutual respect and the establishment of international confidence in the exclusively peaceful nature of Iran’s nuclear programme;

  • 11. Reiterates its determination to reinforce the authority of the IAEA, strongly supports the role of the IAEA Board of Governors, commends and encourages the Director General of the IAEA and its secretariat for their ongoing professional and impartial efforts to resolve all outstanding issues in Iran within the framework of the IAEA, underlines the necessity of the IAEA, which is internationally recognized as having authority for verifying compliance with safeguards agreements, including the non-diversion of nuclear material for non-peaceful purposes, in accordance with its Statute, to continue its work to clarify all outstanding issues relating to Iran’s nuclear programme;

  • 12. Requests within 60 days a further report from the Director General of the IAEA on whether Iran has established full and sustained suspension of all activities mentioned in resolution 1737 (2006), as well as on the process of Iranian compliance with all the steps required by the IAEA Board and with the other provisions of resolution 1737 (2006) and of this resolution, to the IAEA Board of Governors and in parallel to the Security Council for its consideration;

  • 13. Affirms that it shall review Iran’s actions in light of the report referred to in paragraph 12 above, to be submitted within 60 days, and:

    • a) that it shall suspend the implementation of measures if and for so long as Iran suspends all enrichment-related and reprocessing activities, including research and development, as verified by the IAEA, to allow for negotiations in good faith in order to reach an early and mutually acceptable outcome;

    • b) that it shall terminate the measures specified in paragraphs 3, 4, 5, 6, 7 and 12 of resolution 1737 (2006) as well as in paragraphs 2, 4, 5, 6 and 7 above as soon as it determines, following receipt of the report referred to in paragraph 12 above, that Iran has fully complied with its obligations under the relevant resolutions of the Security Council and met the requirements of the IAEA Board of Governors, as confirmed by the IAEA Board;

    • c) that it shall, in the event that the report in paragraph 12 above shows that Iran has not complied with resolution 1737 (2006) and this resolution, adopt further appropriate measures under Article 41 of Chapter VII of the Charter of the United Nations to persuade Iran to comply with these resolutions and the requirements of the IAEA, and underlines that further decisions will be required should such additional measures be necessary;

  • 14. Decides to remain seized of the matter.

Annex I
Entities involved in nuclear or ballistic missile activities

  • 1. Ammunition and Metallurgy Industries Group (AMIG) (aka Ammunition Industries Group) (AMIG controls 7th of Tir, which is designated under resolution 1737 (2006) for its role in Iran’s centrifuge programme. AMIG is in turn owned and controlled by the Defence Industries Organisation (DIO), which is designated under resolution 1737 (2006))

  • 2. Esfahan Nuclear Fuel Research and Production Centre (NFRPC) and Esfahan Nuclear Technology Centre (ENTC) (Parts of the Atomic Energy Organisation of Iran’s (AEOI) Nuclear Fuel Production and Procurement Company, which is involved in enrichment-related activities. AEOI is designated under resolution 1737 (2006))

  • 3. Kavoshyar Company (Subsidiary company of AEOI, which has sought glass fibres, vacuum chamber furnaces and laboratory equipment for Iran’s nuclear programme)

  • 4. Parchin Chemical Industries (Branch of DIO, which produces ammunition, explosives, as well as solid propellants for rockets and missiles)

  • 5. Karaj Nuclear Research Centre (Part of AEOI’s research division)

  • 6. Novin Energy Company (aka Pars Novin) (Operates within AEOI and has transferred funds on behalf of AEOI to entities associated with Iran’s nuclear programme)

  • 7. Cruise Missile Industry Group (aka Naval Defence Missile Industry Group) (Production and development of cruise missiles. Responsible for naval missiles including cruise missiles)

  • 8. Bank Sepah and Bank Sepah International (Bank Sepah provides support for the Aerospace Industries Organisation (AIO) and subordinates, including Shahid Hemmat Industrial Group (SHIG) and Shahid Bagheri Industrial Group (SBIG), both of which were designated under resolution 1737 (2006))

  • 9. Sanam Industrial Group (subordinate to AIO, which has purchased equipment on AIO’s behalf for the missile programme)

  • 10. Ya Mahdi Industries Group (subordinate to AIO, which is involved in international purchases of missile equipment)

Iranian Revolutionary Guard Corps entities

  • 1. Qods Aeronautics Industries (Produces unmanned aerial vehicles (UAVs), parachutes, para-gliders, para-motors, etc. Iranian Revolutionary Guard Corps (IRGC) has boasted of using these products as part of its asymmetric warfare doctrine)

  • 2. Pars Aviation Services Company (Maintains various aircraft including MI-171, used by IRGC Air Force)

  • 3. Sho’a’ Aviation (Produces micro-lights which IRGC has claimed it is using as part of its asymmetric warfare doctrine)

Persons involved in nuclear or ballistic missile activities

  • 1. Fereidoun Abbasi-Davani (Senior Ministry of Defence and Armed Forces Logistics (MODAFL) scientist with links to the Institute of Applied Physics, working closely with Mohsen Fakhrizadeh-Mahabadi, designated below)

  • 2. Mohsen Fakhrizadeh-Mahabadi (Senior MODAFL scientist and former head of the Physics Research Centre (PHRC). The IAEA have asked to interview him about the activities of the PHRC over the period he was head but Iran has refused)

  • 3. Seyed Jaber Safdari (Manager of the Natanz Enrichment Facilities)

  • 4. Amir Rahimi (Head of Esfahan Nuclear Fuel Research and Production Center, which is part of the AEOI’s Nuclear Fuel Production and Procurement Company, which is involved in enrichment-related activities)

  • 5. Mohsen Hojati (Head of Fajr Industrial Group, which is designated under resolution 1737 (2006) for its role in the ballistic missile programme)

  • 6. Mehrdada Akhlaghi Ketabachi (Head of SBIG, which is designated under resolution 1737 (2006) for its role in the ballistic missile programme)

  • 7. Naser Maleki (Head of SHIG, which is designated under resolution 1737 (2006) for its role in Iran’s ballistic missile programme. Naser Maleki is also a MODAFL official overseeing work on the Shahab-3 ballistic missile programme. The Shahab-3 is Iran’s long range ballistic missile currently in service)

  • 8. Ahmad Derakhshandeh (Chairman and Managing Director of Bank Sepah, which provides support for the AIO and subordinates, including SHIG and SBIG, both of which were designated under resolution 1737 (2006))

Iranian Revolutionary Guard Corps key persons

  • 1. Brigadier General Morteza Rezaie (Deputy Commander of IRGC)

  • 2. Vice Admiral Ali Akbar Ahmadian (Chief of IRGC Joint Staff)

  • 3. Brigadier General Mohammad Reza Zahedi (Commander of IRGC Ground Forces)

  • 4. Rear Admiral Morteza Safari (Commander of IRGC Navy)

  • 5. Brigadier General Mohammad Hejazi (Commander of Bassij resistance force)

  • 6. Brigadier General Qasem Soleimani (Commander of Qods force)

  • 7. General Zolqadr (IRGC officer, Deputy Interior Minister for Security Affairs)

Annex II
Elements of a long-term agreement

Our goal is to develop relations and cooperation with Iran, based on mutual respect and the establishment of international confidence in the exclusively peaceful nature of the nuclear programme of the Islamic Republic of Iran. We propose a fresh start in the negotiation of a comprehensive agreement with Iran. Such an agreement would be deposited with the International Atomic Energy Agency (IAEA) and endorsed in a Security Council resolution.

To create the right conditions for negotiations,

We will:

  • – Reaffirm Iran’s right to develop nuclear energy for peaceful purposes in conformity with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter, NPT), and in this context reaffirm our support for the development by Iran of a civil nuclear energy programme.

  • – Commit to support actively the building of new light water reactors in Iran through international joint projects, in accordance with the IAEA statute and NPT.

  • – Agree to suspend discussion of Iran’s nuclear programme in the Security Council upon the resumption of negotiations.

Iran will:

  • – Commit to addressing all of the outstanding concerns of IAEA through full cooperation with IAEA.

  • – Suspend all enrichment-related and reprocessing activities to be verified by IAEA, as requested by the IAEA Board of Governors and the Security Council, and commit to continue this during these negotiations.

  • – Resume the implementation of the Additional Protocol.

Areas of future cooperation to be covered in negotiations on a long-term agreement

  • 1. Nuclear

    We will take the following steps:

    Iran’s rights to nuclear energy

    • – Reaffirm Iran’s inalienable right to nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of NPT, and cooperate with Iran in the development by Iran of a civil nuclear power programme.

    • – Negotiate and implement a Euratom/Iran nuclear cooperation agreement.

    Light water reactors

    • – Actively support the building of new light water power reactors in Iran through international joint projects, in accordance with the IAEA statute and NPT, using state-of-the-art technology, including by authorizing the transfer of necessary goods and the provision of advanced technology to make its power reactors safe against earthquakes.

    • – Provide cooperation with the management of spent nuclear fuel and radioactive waste through appropriate arrangements.

    Research and development in nuclear energy

    • – Provide a substantive package of research and development cooperation, including possible provision of light water research reactors, notably in the fields of radioisotope production, basic research and nuclear applications in medicine and agriculture.

    Fuel guarantees

    • – Give legally binding, multilayered fuel assurances to Iran, based on:

      • • Participation as a partner in an international facility in Russia to provide enrichment services for a reliable supply of fuel to Iran’s nuclear reactors. Subject to negotiations, such a facility could enrich all uranium hexaflouride (UF6) produced in Iran.

      • • Establishment on commercial terms of a buffer stock to hold a reserve of up to five years’ supply of nuclear fuel dedicated to Iran, with the participation and under supervision of IAEA.

      • • Development with IAEA of a standing multilateral mechanism for reliable access to nuclear fuel, based on ideas to be considered at the next meeting of the Board of Governors.

    Review of moratorium

    The long-term agreement would, with regard to common efforts to build international confidence, contain a clause for review of the agreement in all its aspects, to follow:

    • – Confirmation by IAEA that all outstanding issues and concerns reported by it, including those activities which could have a military nuclear dimension, have been resolved;

    • – Confirmation that there are no undeclared nuclear activities or materials in Iran and that international confidence in the exclusively peaceful nature of Iran’s civil nuclear programme has been restored.

  • 2. Political and economic

    Regional security cooperation

    Support for a new conference to promote dialogue and cooperation on regional security issues.

    International trade and investment

    Improving Iran’s access to the international economy, markets and capital, through practical support for full integration into international structures, including the World Trade Organization and to create the framework for increased direct investment in Iran and trade with Iran (including a trade and economic cooperation agreement with the European Union). Steps would be taken to improve access to key goods and technology.

    Civil aviation

    Civil aviation cooperation, including the possible removal of restrictions on United States and European manufacturers in regard to the export of civil aircraft to Iran, thereby widening the prospect of Iran renewing its fleet of civil airliners.

    Energy partnership

    Establishment of a long-term energy partnership between Iran and the European Union and other willing partners, with concrete and practical applications.

    Telecommunications infrastructure

    Support for the modernization of Iran’s telecommunication infrastructure and advanced Internet provision, including by possible removal of relevant United States and other export restrictions.

    High technology cooperation

    Cooperation in fields of high technology and other areas to be agreed upon.

    Agriculture

    Support for agricultural development in Iran, including possible access to United States and European agricultural products, technology and farm equipment.

Op 27 april 2007 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5668e zitting aangenomen Resolutie 1753 (2007). De Engelse tekst van de resolutie luidt:


Resolution 1753 (2007)

Adopted by the Security Council at its 5668th meeting, on 27 April 2007

The Security Council,

Recalling its previous resolutions and statements by its President on the situation in Liberia and West Africa,

Applauding the Government of Liberia’s continuing cooperation with the Kimberley Process Certification Scheme and noting Liberia’s progress towards putting in place the necessary internal controls and other requirements in order to satisfy the minimum requirements of the Kimberley Process,

Taking note of the letter of the Government of Liberia to the Sanctions Committee, with a detailed description of the proposed Certificate of Origin regime, dated 4 April 2007,

Welcoming the interim report of the United Nations Panel of Experts dated 4 April 2007 and looking forward to the submission by 6 June 2007 of the United Nations Panel of Experts final report as requested in paragraph 4 (d) of resolution 1731 (2006),

Having reviewed the measures imposed and conditions set out by paragraphs 6 through 9 of resolution 1521 (2003) and concluding that sufficient progress has been made towards meeting those conditions,

Determining that the situation in Liberia continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides to terminate the measures on diamonds imposed by paragraph 6 of resolution 1521 (2003) and renewed by paragraph 1 of resolution 1731 (2006);

  • 2. Encourages the Kimberley Process to report in ninety (90) days to the Council, through the Committee established pursuant to resolution 1521 (2003), on Liberia’s application to the Kimberley Process and calls on the Government of Liberia to carry out the recommendations of the expert mission identified for the period following admission to the Kimberley Process Certification Scheme;

  • 3. Decides to review the termination of the measures in paragraph 6 of resolution 1521 (2003) after consideration of the report of the United Nations Panel of Experts as requested in paragraph 4 (d) of resolution 1731 (2006) and of the report of the Kimberley Process encouraged in paragraph two (2), with a particular focus on the compliance of Liberia with the Kimberley Process Certification Scheme;

  • 4. Decides to remain actively seized of the matter.

Op 30 mei 2007 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5685e zitting aangenomen Resolutie 1757 (2007). De Engelse tekst van de resolutie luidt:


Resolution 1757 (2007)

Adopted by the Security Council at its 5685th meeting, on 30 May 2007

The Security Council,

Recalling all its previous relevant resolutions, in particular resolutions 1595 (2005) of 7 April 2005, 1636 (2005) of 31 October 2005, 1644 (2005) of 15 December 2005, 1664 (2006) of 29 March 2006 and 1748 (2007) of 27 March 2007,

Reaffirming its strongest condemnation of the 14 February 2005 terrorist bombings as well as other attacks in Lebanon since October 2004,

Reiterating its call for the strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon,

Recalling the letter of the Prime Minister of Lebanon to the Secretary-General of 13 December 2005 (S/2005/783) requesting inter alia the establishment of a tribunal of an international character to try all those who are found responsible for this terrorist crime, and the request by this Council for the Secretary-General to negotiate an agreement with the Government of Lebanon aimed at establishing such a Tribunal based on the highest international standards of criminal justice,

Recalling further the report of the Secretary-General on the establishment of a special tribunal for Lebanon on 15 November 2006 (S/2006/893) reporting on the conclusion of negotiations and consultations that took place between January 2006 and September 2006 at United Nations Headquarters in New York, the Hague, and Beirut between the Legal Counsel of the United Nations and authorized representatives of the Government of Lebanon, and the letter of its President to the Secretary-General of 21 November 2006 (S/2006/911) reporting that the Members of the Security Council welcomed the conclusion of the negotiations and that they were satisfied with the Agreement annexed to the Report,

Recalling that, as set out in its letter of 21 November 2006, should voluntary contributions be insufficient for the Tribunal to implement its mandate, the Secretary-General and the Security Council shall explore alternate means of financing the Tribunal,

Recalling also that the Agreement between the United Nations and the Lebanese Republic on the establishment of a Special Tribunal for Lebanon was signed by the Government of Lebanon and the United Nations respectively on 23 January and 6 February 2007,

Referring to the letter of the Prime Minister of Lebanon to the Secretary-General of the United Nations (S/2007/281), which recalled that the parliamentary majority has expressed its support for the Tribunal, and asked that his request that the Special Tribunal be put into effect be presented to the Council as a matter of urgency,

Mindful of the demand of the Lebanese people that all those responsible for the terrorist bombing that killed former Lebanese Prime Minister Rafiq Hariri and others be identified and brought to justice,

Commending the Secretary-General for his continuing efforts to proceed, together with the Government of Lebanon, with the final steps for the conclusion of the Agreement as requested in the letter of its President dated 21 November 2006 and referring in this regard to the briefing by the Legal Counsel on 2 May 2007, in which he noted that the establishment of the Tribunal through the Constitutional process is facing serious obstacles, but noting also that all parties concerned reaffirmed their agreement in principle to the establishment of the Tribunal,

Commending also the recent efforts of parties in the region to overcome these obstacles,

Willing to continue to assist Lebanon in the search for the truth and in holding all those involved in the terrorist attack accountable and reaffirming its determination to support Lebanon in its efforts to bring to justice perpetrators, organizers and sponsors of this and other assassinations,

Reaffirming its determination that this terrorist act and its implications constitute a threat to international peace and security,

  • 1. Decides, acting under Chapter VII of the Charter of the United Nations, that:

    • a) The provisions of the annexed document, including its attachment, on the establishment of a Special Tribunal for Lebanon shall enter into force on 10 June 2007, unless the Government of Lebanon has provided notification under Article 19 (1) of the annexed document before that date;

    • b) If the Secretary-General reports that the Headquarters Agreement has not been concluded as envisioned under Article 8 of the annexed document, the location of the seat of the Tribunal shall be determined in consultation with the Government of Lebanon and be subject to the conclusion of a Headquarters Agreement between the United Nations and the State that hosts the Tribunal;

    • c) If the Secretary-General reports that contributions from the Government of Lebanon are not sufficient to bear the expenses described in Article 5 (b) of the annexed document, he may accept or use voluntary contributions from States to cover any shortfall;

  • 2. Notes that, pursuant to Article 19 (2) of the annexed document, the Special Tribunal shall commence functioning on a date to be determined by the Secretary-General in consultation with the Government of Lebanon, taking into account the progress of the work of the International Independent Investigation Commission;

  • 3. Requests the Secretary-General, in coordination, when appropriate, with the Government of Lebanon, to undertake the steps and measures necessary to establish the Special Tribunal in a timely manner and to report to the Council within 90 days and thereafter periodically on the implementation of this resolution;

  • 4. Decides to remain actively seized of the matter.

Annex
Agreement between the United Nations and the Lebanese Republic on the establishment of a Special Tribunal for Lebanon

Whereas the Security Council, in its resolution 1664 (2006) of 29 March 2006, which responded to the request of the Government of Lebanon to establish a tribunal of an international character to try all those who are found responsible for the terrorist crime which killed the former Lebanese Prime Minister Rafiq Hariri and others, recalled all its previous resolutions, in particular resolutions 1595 (2005) of 7 April 2005, 1636 (2005) of 31 October 2005 and 1644 (2005) of 15 December 2005,

Whereas the Security Council has requested the Secretary-General of the United Nations (hereinafter “the Secretary-General”) “to negotiate an agreement with the Government of Lebanon aimed at establishing a tribunal of an international character based on the highest international standards of criminal justice”, taking into account the recommendations of the Secretary-General’s report of 21 March 2006 (S/2006/176) and the views that have been expressed by Council members,

Whereas the Secretary-General and the Government of the Lebanese Republic (hereinafter “the Government”) have conducted negotiations for the establishment of a Special Tribunal for Lebanon (hereinafter “the Special Tribunal” or “the Tribunal”),

Now therefore the United Nations and the Lebanese Republic (hereinafter referred to jointly as the “Parties”) have agreed as follows:

Article 1 Establishment of the Special Tribunal

  • 1. There is hereby established a Special Tribunal for Lebanon to prosecute persons responsible for the attack of 14 February 2005 resulting in the death of former Lebanese Prime Minister Rafiq Hariri and in the death or injury of other persons. If the tribunal finds that other attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005, or any later date decided by the Parties and with the consent of the Security Council, are connected in accordance with the principles of criminal justice and are of a nature and gravity similar to the attack of 14 February 2005, it shall also have jurisdiction over persons responsible for such attacks. This connection includes but is not limited to a combination of the following elements: criminal intent (motive), the purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi) and the perpetrators.

  • 2. The Special Tribunal shall function in accordance with the Statute of the Special Tribunal for Lebanon. The Statute is attached to this Agreement and forms an integral part thereof.

Article 2 Composition of the Special Tribunal and appointment of judges

  • 1. The Special Tribunal shall consist of the following organs: the Chambers, the Prosecutor, the Registry and the Defence Office.

  • 2. The Chambers shall be composed of a Pre-Trial Judge, a Trial Chamber and an Appeals Chamber, with a second Trial Chamber to be created if, after the passage of at least six months from the commencement of the functioning of the Special Tribunal, the Secretary-General or the President of the Special Tribunal so requests.

  • 3. The Chambers shall be composed of no fewer than eleven independent judges and no more than fourteen such judges, who shall serve as follows:

    • a) A single international judge shall serve as a Pre-Trial Judge;

    • b) Three judges shall serve in the Trial Chamber, of whom one shall be a Lebanese judge and two shall be international judges;

    • c) In the event of the creation of a second Trial Chamber, that Chamber shall be likewise composed in the manner contained in subparagraph (b) above;

    • d) Five judges shall serve in the Appeals Chamber, of whom two shall be Lebanese judges and three shall be international judges; and

    • e) Two alternate judges, of whom one shall be a Lebanese judge and one shall be an international judge.

  • 4. The judges of the Tribunal shall be persons of high moral character, impartiality and integrity, with extensive judicial experience. They shall be independent in the performance of their functions and shall not accept or seek instructions from any Government or any other source.

  • 5.

    • a) Lebanese judges shall be appointed by the Secretary-General to serve in the Trial Chamber or the Appeals Chamber or as an alternate judge from a list of twelve persons presented by the Government upon the proposal of the Lebanese Supreme Council of the Judiciary;

    • b) International judges shall be appointed by the Secretary-General to serve as Pre-Trial Judge, a Trial Chamber Judge, an Appeals Chamber Judge or an alternate judge, upon nominations forwarded by States at the invitation of the Secretary-General, as well as by competent persons;

    • c) The Government and the Secretary-General shall consult on the appointment of judges;

    • d) The Secretary-General shall appoint judges, upon the recommendation of a selection panel he has established after indicating his intentions to the Security Council. The selection panel shall be composed of two judges, currently sitting on or retired from an international tribunal, and the representative of the Secretary-General.

  • 6. At the request of the presiding judge of a Trial Chamber, the President of the Special Tribunal may, in the interest of justice, assign alternate judges to be present at each stage of the trial and to replace a judge if that judge is unable to continue sitting.

  • 7. Judges shall be appointed for a three-year period and may be eligible for reappointment for a further period to be determined by the Secretary-General in consultation with the Government.

  • 8. Lebanese judges appointed to serve in the Special Tribunal shall be given full credit for their period of service with the Tribunal on their return to the Lebanese national judiciaries from which they were released and shall be reintegrated at a level at least comparable to that of their former position.

Article 3 Appointment of a Prosecutor and a Deputy Prosecutor

  • 1. The Secretary-General, after consultation with the Government, shall appoint a Prosecutor for a three-year term. The Prosecutor may be eligible for reappointment for a further period to be determined by the Secretary-General in consultation with the Government.

  • 2. The Secretary-General shall appoint the Prosecutor, upon the recommendation of a selection panel he has established after indicating his intentions to the Security Council. The selection panel shall be composed of two judges, currently sitting on or retired from an international tribunal, and the representative of the Secretary-General.

  • 3. The Government, in consultation with the Secretary-General and the Prosecutor, shall appoint a Lebanese Deputy Prosecutor to assist the Prosecutor in the conduct of the investigations and prosecutions.

  • 4. The Prosecutor and the Deputy Prosecutor shall be of high moral character and possess the highest level of professional competence and extensive experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor and the Deputy Prosecutor shall be independent in the performance of their functions and shall not accept or seek instructions from any Government or any other source.

  • 5. The Prosecutor shall be assisted by such Lebanese and international staff as may be required to perform the functions assigned to him or her effectively and efficiently.

Article 4 Appointment of a Registrar

  • 1. The Secretary-General shall appoint a Registrar who shall be responsible for the servicing of the Chambers and the Office of the Prosecutor, and for the recruitment and administration of all support staff. He or she shall also administer the financial and staff resources of the Special Tribunal.

  • 2. The Registrar shall be a staff member of the United Nations. He or she shall serve a three-year term and may be eligible for reappointment for a further period to be determined by the Secretary-General in consultation with the Government.

Article 5 Financing of the Special Tribunal

  • 1. The expenses of the Special Tribunal shall be borne in the following manner:

    • a) Fifty-one per cent of the expenses of the Tribunal shall be borne by voluntary contributions from States;

    • b) Forty-nine per cent of the expenses of the Tribunal shall be borne by the Government of Lebanon.

  • 2. It is understood that the Secretary-General will commence the process of establishing the Tribunal when he has sufficient contributions in hand to finance the establishment of the Tribunal and twelve months of its operations plus pledges equal to the anticipated expenses of the following 24 months of the Tribunal’s operation. Should voluntary contributions be insufficient for the Tribunal to implement its mandate, the Secretary-General and the Security Council shall explore alternate means of financing the Tribunal.

Article 6 Management Committee

The parties shall consult concerning the establishment of a Management Committee.

Article 7 Juridical capacity

The Special Tribunal shall possess the juridical capacity necessary:

  • a) To contract;

  • b) To acquire and dispose of movable and immovable property;

  • c) To institute legal proceedings;

  • d) To enter into agreements with States as may be necessary for the exercise of its functions and for the operation of the Tribunal.

Article 8 Seat of the Special Tribunal

  • 1. The Special Tribunal shall have its seat outside Lebanon. The location of the seat shall be determined having due regard to considerations of justice and fairness as well as security and administrative efficiency, including the rights of victims and access to witnesses, and subject to the conclusion of a headquarters agreement between the United Nations, the Government and the State that hosts the Tribunal.

  • 2. The Special Tribunal may meet away from its seat when it considers it necessary for the efficient exercise of its functions.

  • 3. An Office of the Special Tribunal for the conduct of investigations shall be established in Lebanon subject to the conclusion of appropriate arrangements with the Government.

Article 9 Inviolability of premises, archives and all other documents

  • 1. The Office of the Special Tribunal in Lebanon shall be inviolable. The competent authorities shall take appropriate action that may be necessary to ensure that the Tribunal shall not be dispossessed of all or any part of the premises of the Tribunal without its express consent.

  • 2. The property, funds and assets of the Office of the Special Tribunal in Lebanon, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

  • 3. The archives of the Office of the Special Tribunal in Lebanon, and in general all documents and materials made available, belonging to or used by it, wherever located and by whomsoever held, shall be inviolable.

Article 10 Funds, assets and other property

The Office of the Special Tribunal, its funds, assets and other property in Lebanon, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process, except insofar as in any particular case the Tribunal has expressly waived its immunity. It is understood, however, that no waiver of immunity shall extend to any measure of execution.

Article 11 Privileges and immunities of the judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office

  • 1. The judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office, while in Lebanon, shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations of 1961.

  • 2. Privileges and immunities are accorded to the judges, the Prosecutor, the Deputy Prosecutor, the Registrar and the Head of the Defence Office in the interest of the Special Tribunal and not for the personal benefit of the individuals themselves. The right and the duty to waive the immunity in any case where it can be waived without prejudice to the purposes for which it is accorded shall lie with the Secretary-General, in consultation with the President of the Tribunal.

Article 12 Privileges and immunities of international and Lebanese personnel

  • 1. Lebanese and international personnel of the Office of the Special Tribunal, while in Lebanon, shall be accorded:

    • a) Immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity. Such immunity shall continue to be accorded after termination of employment with the Office of the Special Tribunal;

    • b) Exemption from taxation on salaries, allowances and emoluments paid to them.

  • 2. International personnel shall, in addition thereto, be accorded:

    • a) Immunity from immigration restriction;

    • b) The right to import free of duties and taxes, except for payment for services, their furniture and effects at the time of first taking up their official duties in Lebanon.

  • 3. The privileges and immunities are granted to the officials of the Office of the Special Tribunal in the interest of the Tribunal and not for their personal benefit. The right and the duty to waive the immunity in any case where it can be waived without prejudice to the purpose for which it is accorded shall lie with the Registrar of the Tribunal.

Article 13 Defence counsel

  • 1. The Government shall ensure that the counsel of a suspect or an accused who has been admitted as such by the Special Tribunal shall not be subjected, while in Lebanon, to any measure that may affect the free and independent exercise of his or her functions.

  • 2. In particular, the counsel shall be accorded:

    • a) Immunity from personal arrest or detention and from seizure of personal baggage;

    • b) Inviolability of all documents relating to the exercise of his or her functions as a counsel of a suspect or accused;

    • c) Immunity from criminal or civil jurisdiction in respect of words spoken or written and acts performed in his or her capacity as counsel. Such immunity shall continue to be accorded after termination of his or her functions as a counsel of a suspect or accused;

    • d) Immunity from any immigration restrictions during his or her stay as well as during his or her journey to the Tribunal and back.

Article 14 Security, safety and protection of persons referred to in this Agreement

The Government shall take effective and adequate measures to ensure the appropriate security, safety and protection of personnel of the Office of the Special Tribunal and other persons referred to in this Agreement, while in Lebanon. It shall take all appropriate steps, within its capabilities, to protect the equipment and premises of the Office of the Special Tribunal from attack or any action that prevents the Tribunal from discharging its mandate.

Article 15 Cooperation with the Special Tribunal

  • 1. The Government shall cooperate with all organs of the Special Tribunal, in particular with the Prosecutor and defence counsel, at all stages of the proceedings. It shall facilitate access of the Prosecutor and defence counsel to sites, persons and relevant documents required for the investigation.

  • 2. The Government shall comply without undue delay with any request for assistance by the Special Tribunal or an order issued by the Chambers, including, but not limited to:

    • a) Identification and location of persons;

    • b) Service of documents;

    • c) Arrest or detention of persons;

    • d) Transfer of an indictee to the Tribunal.

Article 16 Amnesty

The Government undertakes not to grant amnesty to any person for any crime falling within the jurisdiction of the Special Tribunal. An amnesty already granted in respect of any such persons and crimes shall not be a bar to prosecution.

Article 17 Practical arrangements

With a view to achieving efficiency and cost-effectiveness in the operation of the Special Tribunal:

  • a) Appropriate arrangements shall be made to ensure that there is a coordinated transition from the activities of the International Independent Investigation Commission, established by the Security Council in its resolution 1595 (2005), to the activities of the Office of the Prosecutor;

  • b) Judges of the Trial Chamber and the Appeals Chamber shall take office on a date to be determined by the Secretary-General in consultation with the President of the Special Tribunal. Pending such a determination, judges of both Chambers shall be convened on an ad hoc basis to deal with organizational matters and serving, when required, to perform their duties.

Article 18 Settlement of disputes

Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled by negotiation or by any other mutually agreed upon mode of settlement.

Article 19 Entry into force and commencement of the functioning of the Special Tribunal

  • 1. This Agreement shall enter into force on the day after the Government has notified the United Nations in writing that the legal requirements for entry into force have been complied with.

  • 2. The Special Tribunal shall commence functioning on a date to be determined by the Secretary-General in consultation with the Government, taking into account the progress of the work of the International Independent Investigation Commission.

Article 20 Amendment

This Agreement may be amended by written agreement between the Parties.

Article 21 Duration of the Agreement

  • 1. This Agreement shall remain in force for a period of three years from the date of the commencement of the functioning of the Special Tribunal.

  • 2. Three years after the commencement of the functioning of the Special Tribunal the Parties shall, in consultation with the Security Council, review the progress of the work of the Special Tribunal. If at the end of this period of three years the activities of the Tribunal have not been completed, the Agreement shall be extended to allow the Tribunal to complete its work, for a further period(s) to be determined by the Secretary-General in consultation with the Government and the Security Council.

  • 3. The provisions relating to the inviolability of the funds, assets, archives and documents of the Office of the Special Tribunal in Lebanon, the privileges and immunities of those referred to in this Agreement, as well as provisions relating to defence counsel and the protection of victims and witnesses, shall survive termination of this Agreement.

IN WITNESS WHEROF, the following duly authorized representatives of the United Nations and of the Lebanese Republic have signed this Agreement.

DONE at __________ on __________ 2006, in three originals in the Arabic, French and English languages, all texts being equally authentic.

For the Lebanese Republic

Attachment
Statute of the Special Tribunal for Lebanon

Having been established by an Agreement between the United Nations and the Lebanese Republic (hereinafter “the Agreement”) pursuant to Security Council resolution 1664 (2006) of 29 March 2006, which responded to the request of the Government of Lebanon to establish a tribunal of an international character to try all those who are found responsible for the terrorist crime which killed the former Lebanese Prime Minister Rafiq Hariri and others, the Special Tribunal for Lebanon (hereinafter “the Special Tribunal”) shall function in accordance with the provisions of this Statute.

SECTION I JURISDICTION AND APPLICABLE LAW

Article 1 Jurisdiction of the Special Tribunal

The Special Tribunal shall have jurisdiction over persons responsible for the attack of 14 February 2005 resulting in the death of former Lebanese Prime Minister Rafiq Hariri and in the death or injury of other persons. If the Tribunal finds that other attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005, or any later date decided by the Parties and with the consent of the Security Council, are connected in accordance with the principles of criminal justice and are of a nature and gravity similar to the attack of 14 February 2005, it shall also have jurisdiction over persons responsible for such attacks. This connection includes but is not limited to a combination of the following elements: criminal intent (motive), the purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi) and the perpetrators.

Article 2 Applicable criminal law

The following shall be applicable to the prosecution and punishment of the crimes referred to in article 1, subject to the provisions of this Statute:

  • a) The provisions of the Lebanese Criminal Code relating to the prosecution and punishment of acts of terrorism, crimes and offences against life and personal integrity, illicit associations and failure to report crimes and offences, including the rules regarding the material elements of a crime, criminal participation and conspiracy; and

  • b) Articles 6 and 7 of the Lebanese law of 11 January 1958 on “Increasing the penalties for sedition, civil war and interfaith struggle”.

Article 3 Individual criminal responsibility

  • 1. A person shall be individually responsible for crimes within the jurisdiction of the Special Tribunal if that person:

    • a) Committed, participated as accomplice, organized or directed others to commit the crime set forth in article 2 of this Statute; or

    • b) Contributed in any other way to the commission of the crime set forth in article 2 of this Statute by a group of persons acting with a common purpose, where such contribution is intentional and is either made with the aim of furthering the general criminal activity or purpose of the group or in the knowledge of the intention of the group to commit the crime.

  • 2. With respect to superior and subordinate relationships, a superior shall be criminally responsible for any of the crimes set forth in article 2 of this Statute committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:

    • a) The superior either knew, or consciously disregarded information that clearly indicated that the subordinates were committing or about to commit such crimes;

    • b) The crimes concerned activities that were within the effective responsibility and control of the superior; and

    • c) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

  • 3. The fact that the person acted pursuant to an order of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the Special Tribunal determines that justice so requires.

Article 4 Concurrent jurisdiction

  • 1. The Special Tribunal and the national courts of Lebanon shall have concurrent jurisdiction. Within its jurisdiction, the Tribunal shall have primacy over the national courts of Lebanon.

  • 2. Upon the assumption of office of the Prosecutor, as determined by the Secretary-General, and no later than two months thereafter, the Special Tribunal shall request the national judicial authority seized with the case of the attack against Prime Minister Rafiq Hariri and others to defer to its competence. The Lebanese judicial authority shall refer to the Tribunal the results of the investigation and a copy of the court’s records, if any. Persons detained in connection with the investigation shall be transferred to the custody of the Tribunal.

  • 3.

    • a) At the request of the Special Tribunal, the national judicial authority seized with any of the other crimes committed between 1 October 2004 and 12 December 2005, or a later date decided pursuant to article 1, shall refer to the Tribunal the results of the investigation and a copy of the court’s records, if any, for review by the Prosecutor;

    • b) At the further request of the Tribunal, the national authority in question shall defer to the competence of the Tribunal. It shall refer to the Tribunal the results of the investigation and a copy of the court’s records, if any, and persons detained in connection with any such case shall be transferred to the custody of the Tribunal;

    • c) The national judicial authorities shall regularly inform the Tribunal of the progress of their investigation. At any stage of the proceedings, the Tribunal may formally request a national judicial authority to defer to its competence.

Article 5 Non bis in idem

  • 1. No person shall be tried before a national court of Lebanon for acts for which he or she has already been tried by the Special Tribunal.

  • 2. A person who has been tried by a national court may be subsequently tried by the Special Tribunal if the national court proceedings were not impartial or independent, were designed to shield the accused from criminal responsibility for crimes within the jurisdiction of the Tribunal or the case was not diligently prosecuted.

  • 3. In considering the penalty to be imposed on a person convicted of a crime under this Statute, the Special Tribunal shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served.

Article 6 Amnesty

An amnesty granted to any person for any crime falling within the jurisdiction of the Special Tribunal shall not be a bar to prosecution.

SECTION II ORGANIZATION OF THE SPECIAL TRIBUNAL

Article 7 Organs of the Special Tribunal

The Special Tribunal shall consist of the following organs:

  • a) The Chambers, comprising a Pre-Trial Judge, a Trial Chamber and an Appeals Chamber;

  • b) The Prosecutor;

  • c) The Registry; and

  • d) The Defence Office.

Article 8 Composition of the Chambers

  • 1. The Chambers shall be composed as follows:

    • a) One international Pre-Trial Judge;

    • b) Three judges who shall serve in the Trial Chamber, of whom one shall be a Lebanese judge and two shall be international judges;

    • c) Five judges who shall serve in the Appeals Chamber, of whom two shall be Lebanese judges and three shall be international judges;

    • d) Two alternate judges, one of whom shall be a Lebanese judge and one shall be an international judge.

  • 2. The judges of the Appeals Chamber and the judges of the Trial Chamber, respectively, shall elect a presiding judge who shall conduct the proceedings in the Chamber to which he or she was elected. The presiding judge of the Appeals Chamber shall be the President of the Special Tribunal.

  • 3. At the request of the presiding judge of the Trial Chamber, the President of the Special Tribunal may, in the interest of justice, assign the alternate judges to be present at each stage of the trial and to replace a judge if that judge is unable to continue sitting.

Article 9 Qualification and appointment of judges

  • 1. The judges shall be persons of high moral character, impartiality and integrity, with extensive judicial experience. They shall be independent in the performance of their functions and shall not accept or seek instructions from any Government or any other source.

  • 2. In the overall composition of the Chambers, due account shall be taken of the established competence of the judges in criminal law and procedure and international law.

  • 3. The judges shall be appointed by the Secretary-General, as set forth in article 2 of the Agreement, for a three-year period and may be eligible for reappointment for a further period to be determined by the Secretary-General in consultation with the Government.

Article 10 Powers of the President of the Special Tribunal

  • 1. The President of the Special Tribunal, in addition to his or her judicial functions, shall represent the Tribunal and be responsible for its effective functioning and the good administration of justice.

  • 2. The President of the Special Tribunal shall submit an annual report on the operation and activities of the Tribunal to the Secretary-General and to the Government of Lebanon.

Article 11 The Prosecutor

  • 1. The Prosecutor shall be responsible for the investigation and prosecution of persons responsible for the crimes falling within the jurisdiction of the Special Tribunal. In the interest of proper administration of justice, he or she may decide to charge jointly persons accused of the same or different crimes committed in the course of the same transaction.

  • 2. The Prosecutor shall act independently as a separate organ of the Special Tribunal. He or she shall not seek or receive instructions from any Government or from any other source.

  • 3. The Prosecutor shall be appointed, as set forth in article 3 of the Agreement, by the Secretary-General for a three-year term and may be eligible for reappointment for a further period to be determined by the Secretary-General in consultation with the Government. He or she shall be of high moral character and possess the highest level of professional competence, and have extensive experience in the conduct of investigations and prosecutions of criminal cases.

  • 4. The Prosecutor shall be assisted by a Lebanese Deputy Prosecutor and by such other Lebanese and international staff as may be required to perform the functions assigned to him or her effectively and efficiently.

  • 5. The Office of the Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor shall, as appropriate, be assisted by the Lebanese authorities concerned.

Article 12 The Registry

  • 1. Under the authority of the President of the Special Tribunal, the Registry shall be responsible for the administration and servicing of the Tribunal.

  • 2. The Registry shall consist of a Registrar and such other staff as may be required.

  • 3. The Registrar shall be appointed by the Secretary-General and shall be a staff member of the United Nations. He or she shall serve for a three-year term and may be eligible for reappointment for a further period to be determined by the Secretary-General in consultation with the Government.

  • 4. The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses, and such other appropriate assistance for witnesses who appear before the Special Tribunal and others who are at risk on account of testimony given by such witnesses.

Article 13 The Defence Office

  • 1. The Secretary-General, in consultation with the President of the Special Tribunal, shall appoint an independent Head of the Defence Office, who shall be responsible for the appointment of the Office staff and the drawing up of a list of defence counsel.

  • 2. The Defence Office, which may also include one or more public defenders, shall protect the rights of the defence, provide support and assistance to defence counsel and to the persons entitled to legal assistance, including, where appropriate, legal research, collection of evidence and advice, and appearing before the Pre-Trial Judge or a Chamber in respect of specific issues.

Article 14 Official and working languages

The official languages of the Special Tribunal shall be Arabic, French and English. In any given case proceedings, the Pre-Trial Judge or a Chamber may decide that one or two of the languages may be used as working languages as appropriate.

SECTION III RIGHTS OF DEFENDANTS AND VICTIMS

Article 15 Rights of suspects during investigation

A suspect who is to be questioned by the Prosecutor shall not be compelled to incriminate himself or herself or to confess guilt. He or she shall have the following rights of which he or she shall be informed by the Prosecutor prior to questioning, in a language he or she speaks and understands:

  • a) The right to be informed that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Special Tribunal;

  • b) The right to remain silent, without such silence being considered in the determination of guilt or innocence, and to be cautioned that any statement he or she makes shall be recorded and may be used in evidence;

  • c) The right to have legal assistance of his or her own choosing, including the right to have legal assistance provided by the Defence Office where the interests of justice so require and where the suspect does not have sufficient means to pay for it;

  • d) The right to have the free assistance of an interpreter if he or she cannot understand or speak the language used for questioning;

  • e) The right to be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 16 Rights of the accused

  • 1. All accused shall be equal before the Special Tribunal.

  • 2. The accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Tribunal for the protection of victims and witnesses.

  • 3.

    • a) The accused shall be presumed innocent until proved guilty according to the provisions of this Statute;

    • b) The onus is on the Prosecutor to prove the guilt of the accused;

    • c) In order to convict the accused, the relevant Chamber must be convinced of the guilt of the accused beyond reasonable doubt.

  • 4. In the determination of any charge against the accused pursuant to this Statute, he or she shall be entitled to the following minimum guarantees, in full equality:

    • a) To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;

    • b) To have adequate time and facilities for the preparation of his or her defence and to communicate without hindrance with counsel of his or her own choosing;

    • c) To be tried without undue delay;

    • d) Subject to the provisions of article 22, to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;

    • e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her;

    • f) To examine all evidence to be used against him or her during the trial in accordance with the Rules of Procedure and Evidence of the Special Tribunal;

    • g) To have the free assistance of an interpreter if he or she cannot understand or speak the language used in the Special Tribunal;

    • h) Not to be compelled to testify against himself or herself or to confess guilt.

  • 5. The accused may make statements in court at any stage of the proceedings, provided such statements are relevant to the case at issue. The Chambers shall decide on the probative value, if any, of such statements.

Article 17 Rights of victims

Where the personal interests of the victims are affected, the Special Tribunal shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Pre-Trial Judge or the Chamber and in a manner that is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Pre-Trial Judge or the Chamber considers it appropriate.

SECTION IV CONDUCT OF PROCEEDINGS

Article 18 Pre-Trial proceedings

  • 1. The Pre-Trial Judge shall review the indictment. If satisfied that a prima facie case has been established by the Prosecutor, he or she shall confirm the indictment. If he or she is not so satisfied, the indictment shall be dismissed.

  • 2. The Pre-Trial Judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest or transfer of persons, and any other orders as may be required for the conduct of the investigation and for the preparation of a fair and expeditious trial.

Article 19 Evidence collected prior to the establishment of the Special Tribunal

Evidence collected with regard to cases subject to the consideration of the Special Tribunal, prior to the establishment of the Tribunal, by the national authorities of Lebanon or by the International Independent Investigation Commission in accordance with its mandate as set out in Security Council resolution 1595 (2005) and subsequent resolutions, shall be received by the Tribunal. Its admissibility shall be decided by the Chambers pursuant to international standards on collection of evidence. The weight to be given to any such evidence shall be determined by the Chambers.

Article 20 Commencement and conduct of trial proceedings

  • 1. The Trial Chamber shall read the indictment to the accused, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment and instruct the accused to enter a plea.

  • 2. Unless otherwise decided by the Trial Chamber in the interests of justice, examination of witnesses shall commence with questions posed by the presiding judge, followed by questions posed by other members of the Trial Chamber, the Prosecutor and the Defence.

  • 3. Upon request or proprio motu, the Trial Chamber may at any stage of the trial decide to call additional witnesses and/or order the production of additional evidence.

  • 4. The hearings shall be public unless the Trial Chamber decides to hold the proceedings in camera in accordance with the Rules of Procedure and Evidence.

Article 21 Powers of the Chambers

  • 1. The Special Tribunal shall confine the trial, appellate and review proceedings strictly to an expeditious hearing of the issues raised by the charges, or the grounds for appeal or review, respectively. It shall take strict measures to prevent any action that may cause unreasonable delay.

  • 2. A Chamber may admit any relevant evidence that it deems to have probative value and exclude such evidence if its probative value is substantially outweighed by the need to ensure a fair trial.

  • 3. A Chamber may receive the evidence of a witness orally or, where the interests of justice allow, in written form.

  • 4. In cases not otherwise provided for in the Rules of Procedure and Evidence, a Chamber shall apply rules of evidence that will best favour a fair determination of the matter before it and are consonant with the spirit of the Statute and the general principles of law.

Article 22 Trials in absentia

  • 1. The Special Tribunal shall conduct trial proceedings in the absence of the accused, if he or she:

    • a) Has expressly and in writing waived his or her right to be present;

    • b) Has not been handed over to the Tribunal by the State authorities concerned;

    • c) Has absconded or otherwise cannot be found and all reasonable steps have been taken to secure his or her appearance before the Tribunal and to inform him or her of the charges confirmed by the Pre-Trial Judge.

  • 2. When hearings are conducted in the absence of the accused, the Special Tribunal shall ensure that:

    • a) The accused has been notified, or served with the indictment, or notice has otherwise been given of the indictment through publication in the media or communication to the State of residence or nationality;

    • b) The accused has designated a defence counsel of his or her own choosing, to be remunerated either by the accused or, if the accused is proved to be indigent, by the Tribunal;

    • c) Whenever the accused refuses or fails to appoint a defence counsel, such counsel has been assigned by the Defence Office of the Tribunal with a view to ensuring full representation of the interests and rights of the accused.

  • 3. In case of conviction in absentia, the accused, if he or she had not designated a defence counsel of his or her choosing, shall have the right to be retried in his or her presence before the Special Tribunal, unless he or she accepts the judgement.

Article 23 Judgement

The judgement shall be rendered by a majority of the judges of the Trial Chamber or of the Appeals Chamber and shall be delivered in public. It shall be accompanied by a reasoned opinion in writing, to which any separate or dissenting opinions shall be appended.

Article 24 Penalties

  • 1. The Trial Chamber shall impose upon a convicted person imprisonment for life or for a specified number of years. In determining the terms of imprisonment for the crimes provided for in this Statute, the Trial Chamber shall, as appropriate, have recourse to international practice regarding prison sentences and to the practice of the national courts of Lebanon.

  • 2. In imposing sentence, the Trial Chamber should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person.

Article 25 Compensation to victims

  • 1. The Special Tribunal may identify victims who have suffered harm as a result of the commission of crimes by an accused convicted by the Tribunal.

  • 2. The Registrar shall transmit to the competent authorities of the State concerned the judgement finding the accused guilty of a crime that has caused harm to a victim.

  • 3. Based on the decision of the Special Tribunal and pursuant to the relevant national legislation, a victim or persons claiming through the victim, whether or not such victim had been identified as such by the Tribunal under paragraph 1 of this article, may bring an action in a national court or other competent body to obtain compensation.

  • 4. For the purposes of a claim made under paragraph 3 of this article, the judgement of the Special Tribunal shall be final and binding as to the criminal responsibility of the convicted person.

Article 26 Appellate proceedings

  • 1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chamber or from the Prosecutor on the following grounds:

    • a) An error on a question of law invalidating the decision;

    • b) An error of fact that has occasioned a miscarriage of justice.

  • 2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chamber.

Article 27 Review proceedings

  • 1. Where a new fact has been discovered that was not known at the time of the proceedings before the Trial Chamber or the Appeals Chamber and that could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit an application for review of the judgement.

  • 2. An application for review shall be submitted to the Appeals Chamber. The Appeals Chamber may reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:

    • a) Reconvene the Trial Chamber;

    • b) Retain jurisdiction over the matter.

Article 28 Rules of Procedure and Evidence

  • 1. The judges of the Special Tribunal shall, as soon as practicable after taking office, adopt Rules of Procedure and Evidence for the conduct of the pre-trial, trial and appellate proceedings, the admission of evidence, the participation of victims, the protection of victims and witnesses and other appropriate matters and may amend them, as appropriate.

  • 2. In so doing, the judges shall be guided, as appropriate, by the Lebanese Code of Criminal Procedure, as well as by other reference materials reflecting the highest standards of international criminal procedure, with a view to ensuring a fair and expeditious trial.

Article 29 Enforcement of sentences

  • 1. Imprisonment shall be served in a State designated by the President of the Special Tribunal from a list of States that have indicated their willingness to accept persons convicted by the Tribunal.

  • 2. Conditions of imprisonment shall be governed by the law of the State of enforcement subject to the supervision of the Special Tribunal. The State of enforcement shall be bound by the duration of the sentence, subject to article 30 of this Statute.

Article 30 Pardon or commutation of sentences

If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the Special Tribunal accordingly. There shall only be pardon or commutation of sentence if the President of the Tribunal, in consultation with the judges, so decides on the basis of the interests of justice and the general principles of law.

Op 31 juli 2007 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5726e zitting aangenomen Resolutie 1768 (2007). De Engelse tekst van de resolutie luidt:


Resolution 1768 (2007)

Adopted by the Security Council at its 5726th meeting, on 31 July 2007

The Security Council,

Recalling its previous resolutions, in particular resolution 1756 (2007),

Taking note of the final report (S/2007/423) of the Group of Experts on the Democratic Republic of the Congo established pursuant to resolution 1698 (2006),

Condemning the continuing illicit flow of weapons within and into the Democratic Republic of the Congo, and declaring its determination to continue close monitoring of the implementation of the arms embargo imposed by resolution 1493 (2003) and expanded by resolution 1596 (2005), and to enforce the measures provided for in paragraphs 13 and 15 of resolution 1596 against persons and entities acting in violation of this embargo, as amended and expanded by resolution 1649 (2005) and resolution 1698 (2006),

Reiterating its serious concern regarding the presence of armed groups and militias in the eastern part of the Democratic Republic of the Congo, particularly in the provinces of North and South Kivu and the Ituri district, which perpetuate a climate of insecurity in the whole region,

Taking note of the report of the Security Council mission which visited Kinshasa on 20 June 2007 (S/2007/421),

Noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides to extend until 10 August 2007 the measures on arms imposed by paragraph 20 of resolution 1493 (2003) as amended and expanded by paragraph 1 of resolution 1596 (2005);

  • 2. Decides to extend, for the period specified in paragraph 1 above, the measures on transport imposed by paragraphs 6, 7 and 10 of resolution 1596;

  • 3. Decides to extend, for the period specified in paragraph 1 above, the financial and travel measures imposed by paragraphs 13 and 15 of resolution 1596, paragraph 2 of resolution 1649 (2005), and paragraph 13 of resolution 1698;

  • 4. Decides to extend, for the period specified in paragraph 1 above, the mandate of the Group of Experts referred to in paragraph 3 of resolution 1698;

  • 5. Decides to remain actively seized of the matter.

Op 10 augustus 2007 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5730e zitting aangenomen Resolutie 1771 (2007). De Engelse tekst van de resolutie luidt:


Resolution 1771 (2007)

Adopted by the Security Council at its 5730th meeting, on 10 August 2007

The Security Council,

Recalling its previous resolutions, in particular resolution 1756 (2007), and the statements by its President concerning the Democratic Republic of the Congo, in particular on 23 July 2007,

Reaffirming its commitment to respect the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo as well as all States in the region,

Welcoming the establishment in the Democratic Republic of the Congo of democratically elected institutions, and reaffirming the sovereign authority of the elected government to establish effective security and control throughout the national territory,

Taking note with satisfaction of the adoption of the programme of the Government, in particular the governance contract included therein,

Taking note of the final report (S/2007/423) of the Group of Experts on the Democratic Republic of the Congo established pursuant to resolution 1698 (2006),

Condemning the continuing illicit flow of weapons within and into the Democratic Republic of the Congo, declaring its determination to continue close monitoring of the implementation of the arms embargo imposed by resolution 1493 (2003) and expanded by resolution 1596 (2005), and to enforce the measures provided for in resolution 1596 against persons and entities acting in violation of this embargo, as amended and expanded by resolutions 1649 (2005) and resolution 1698, and recognizing the linkage between the illegal exploitation of natural resources, illicit trade in such resources and the proliferation and trafficking of arms as one of the factors fuelling and exacerbating conflicts in the Great Lakes region of Africa,

Recalling its resolution 1612 (2005) and its previous resolutions on children and armed conflict, and once again strongly condemning the continued recruitment and use of children in violation of applicable international law, in the hostilities in the Democratic Republic of the Congo,

Reiterating its serious concern regarding the presence of armed groups and militias in the Eastern part of the Democratic Republic of the Congo, particularly in the provinces of North and South Kivu and the Ituri district, which perpetuate a climate of insecurity in the whole region,

Taking note of the report of the Security Council mission which visited Kinshasa on 20 June 2007 (S/2007/421),

Recalling the importance of urgently carrying out security sector reform and of disarming, demobilizing, resettling or repatriating, as appropriate, and reintegrating Congolese and foreign armed groups for the long-term stabilization of the Democratic Republic of the Congo,

Noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides to renew until 15 February 2008 the measures on arms imposed by paragraph 20 of resolution 1493 as amended and expanded by paragraph 1 of resolution 1596;

  • 2. Reaffirms paragraph 21 of resolution 1493 and paragraph 2 of resolution 1596, and recalls in particular that the measures referred to in paragraph 1 above shall not apply to supplies of arms and related materiel or technical training and assistance intended solely for support of or use by units of the army and police of the Democratic Republic of the Congo, provided that the said units:

    • a) Have completed the process of their integration, or

    • b) Operate under the command, respectively, of the état-major intégré of the Armed Forces or of the National Police of the Democratic Republic of the Congo, or

    • c) Are in the process of their integration, in the territory of the Democratic Republic of the Congo outside the provinces of North and South Kivu and the Ituri district;

  • 3. Decides further that the measures referred to in paragraph 1 above shall not apply to technical training and assistance agreed to by the Government and intended solely for support of units of the army and police of the Democratic Republic of the Congo that are in the process of their integration in the provinces of North and South Kivu and the Ituri district;

  • 4. Decides that the conditions specified in paragraph 4 of resolution 1596, as now applied to the Government, shall apply to supplies of arms and related materiel as well as technical training and assistance which are consistent with such exemptions noted in paragraph 2 and 3 above and notes in this regard that States have an obligation to notify such supplies in advance to the Committee referred to in paragraph 7;

  • 5. Decides to renew, for the period specified in paragraph 1 above, the measures on transport imposed by paragraphs 6, 7 and 10 of resolution 1596;

  • 6. Decides to renew, for the period specified in paragraph 1 above the financial and travel measures imposed by paragraphs 13 and 15 of resolution 1596, paragraph 2 of resolution 1649, and paragraph 13 of resolution 1698, and reaffirms the provisions of paragraph 14 and 16 of resolution 1596, and paragraph 3 of resolution 1698;

  • 7. Recalls the mandate of the Committee established pursuant to paragraph 8 of resolution 1533 (2004), as expanded pursuant to paragraph 18 of resolution 1596, paragraph 4 of resolution 1649 and paragraph 14 of resolution 1698;

  • 8. Calls upon all States, in particular those of the region, to support the implementation of the arms embargo and to cooperate fully with the Committee in carrying out its mandate;

  • 9. Requests the Secretary-General to re-establish for a period expiring on 15 February 2008 the Group of Experts established pursuant to paragraph 10 of resolution 1533 and expanded pursuant to paragraph 21 of resolution 1596;

  • 10. Requests the Group of Experts to fulfil its mandate as defined in paragraph 5 and 17 of resolution 1698, to update the Committee on its work as appropriate, and to report to the Council in writing, through the Committee, by 15 January 2008;

  • 11. Requests MONUC, within its existing capabilities and without prejudice to the performance of its current mandate, and the Group of Experts referred to in paragraph 9 above to continue to focus their monitoring activities in North and South Kivu and in Ituri;

  • 12. Reaffirms its demand, expressed in paragraph 19 of resolution 1596, that all parties and all States cooperate fully with the work of the Group of Experts, and that they ensure:

    • – the safety of its members,

    • – unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;

  • 13. Further demands that all parties and all States ensure the cooperation with the Group of Experts of individuals and entities within their jurisdiction or under their control, and calls on all States in the region to implement fully their obligations under paragraph 12 above;

  • 14. Decides that, no later than 15 February 2008, it shall review the measures set forth in paragraphs 1, 5 and 6 above, with a view to adjusting them, as appropriate, in the light of consolidation of the security situation in the Democratic Republic of the Congo, in particular progress in security sector reform including the integration of the armed forces and the reform of the national police, and in disarming, demobilizing, resettling or repatriating, as appropriate, and reintegrating Congolese and foreign armed groups;

  • 15. Decides to remain actively seized of the matter.

C. VERTALING

Voor de vertaling van het Handvest, zoals gewijzigd, zie Trb. 1987, 113.

D. PARLEMENT

Zie Trb. 1951, 44.

E. PARTIJGEGEVENS

Zie de rubrieken E en F van Trb. 1951, 44 en rubriek E van Trb. 2006, 254.

G. INWERKINGTREDING

Zie Trb. 1951, 44.

J. VERWIJZINGEN

Zie voor verwijzingen en andere verdragsgegevens, laatstelijk Trb. 2006, 75.

Titel

:

Verdrag nopens de voorrechten en immuniteiten van de Verenigde Naties;

Londen, 13 februari 1946

Laatste Trb.

:

Trb. 1994, 210

   

Titel

:

Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Naties betreffende de Zetel van het Speciale Tribunaal voor Libanon;

New York, 21 december 2007

Tekst

:

Trb. 2007, 228 (Engels)

Trb. 2008, 12 (vertaling)

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat de Resoluties zullen zijn bekendgemaakt in Nederland op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de dertiende februari 2008.

De Minister van Buitenlandse Zaken,

M. J. M. VERHAGEN

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