Direito sem Fronteiras – Tribunal Penal Internacional

Publicado em 17/09/2012

“O programa Direito Sem Fronteiras desta semana é especial e entrevista a juíza Sylvia Steiner, a única representante do Brasil no Tribunal Penal Internacional. Steiner integra o tribunal desde o começo e acompanhou de perto a criação e neste ano o pronunciamento da primeira sentença criminal do Tribunal Penal Internacional, que fica em Haia, na Holanda. Em conversa que aconteceu no Salão do Juri do Palácio da Justiça de São Paulo, a juíza deu detalhes de como foi o processo que resultou na condenação do ex-guerrilheiro da República do Congo Thomas Lubanga por crime de guerra. Lubanga recrutou crianças e adolescentes menores de 15 anos para integrar a milícia pegando em armas e sendo escravos sexuais. Sylvia Steiner também avaliou a atuação do TPI e explicou como ele funciona. A juíza brasileira falou do futuro da carreira depois que voltar ao Brasil no início de 2013.”

ONU – “Iraqi civilians suffering ‘horrific’ persecution, ethnic cleansing – UN rights chief”

The United Nations human rights chief today condemned the appalling and horrific crimes against humanity being committed daily in Iraq by the Islamic State in Iraq and the Levant (ISIL) and associated armed groups.

“[ISIL] is systematically targeting men, women and children based on their ethnic, religious or sectarian affiliation and is ruthlessly carrying out widespread ethnic and religious cleansing in the areas under its control,” said UN High Commissioner for Human Rights, Navi Pillay, in a statement to the press.

The violations include targeted killings, forced conversions, abductions, trafficking, slavery, sexual abuse, destruction of places of religious and cultural significance, and the besieging of entire communities because of ethnic, religious or sectarian affiliation.

Ms. Pillay said among those directly targeted have been Christians, Yezidi, Shabaks, Turkomen, Kaka’e and Sabaeans.

In Nineveh Governorate, hundreds of mostly Yezidi individuals were reported killed and up to 2,500 kidnapped at the beginning of August. Of those who refused to convert, witnesses report that the men were executed while the women and their children were handed over to ISIL fighters as slaves.

Similarly, in Cotcho village in Southern Sinjar, ISIL killed and abducted hundreds of Yezidis on 15 August. Reports indicate, again, that the male villagers were killed while women and children were taken away to unknown locations.

“UN staff members in Iraq have been receiving harrowing phone calls from besieged civilians who are surviving in terrible conditions, with little or no access to humanitarian aid,” Ms. Pillay said. “One of the women abducted by ISIL managed to call our staff, and told them that her teenage son and daughter were among the many who had been raped and sexually assaulted by IS gunmen. Another said her son had been raped at a checkpoint.”

At least 13,000 members of the Shia Turkmen community in Amirli in Salah al-Din Governorate, among them 10,000 women and children, have been besieged by ISIL since 15 June. Residents are enduring harsh conditions with severe food and water shortages, and a complete absence of medical services – and there are fears of a possible imminent massacre, said Ms. Pillay.

“The Government of Iraq and the Kurdistan region of Iraq, and the international community must take all necessary measures and spare no effort to protect members of ethnic and religious communities, who are particularly vulnerable, and to secure their return to their places of origin in safety and dignity,” said the High Commissioner.

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The effect of the ongoing conflict on children is catastrophic, she said. According to interviews by UN human rights monitors with displaced families, ISIL is forcibly recruiting boys aged 15 and above. ISIL has also reportedly been deliberately positioning the boys at the front-line in battle situations, as human shields.

The Human Rights Office of the UN Assistance Mission for Iraq has also verified reports of a massacre of prisoners and detainees in Mosul’s Badoush Prison on 10 June. According to interviews with 20 survivors and 16 witnesses of the massacre, ISIL gunmen loaded between 1,000 and 1,500 prisoners onto trucks and transported them to a nearby uninhabited area, Ms. Pillay said.

There, armed men asked the Sunnis to separate themselves from the others. Around 100 prisoners who joined the Sunni group were suspected by ISIL not to be Sunni and were subjected to individual checks based on how they prayed and their place of origin. Sunni inmates were ordered back on the trucks and left the scene. ISIL gunmen then yelled insults at the remaining prisoners, lined them up in four rows, ordered them to kneel and opened fire. Up to 670 prisoners were reportedly killed.

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“Such cold-blooded, systematic and intentional killings of civilians, after singling them out for their religious affiliation may amount to war crimes and crimes against humanity,” Ms. Pillay said.

“I urge the international community to ensure that the perpetrators of these vicious crimes do not enjoy impunity. Any individual committing, or assisting in the commission of international crimes, must be held accountable according to law.”

Fonte: http://www.un.org/apps/news/story.asp?NewsID=48551#.U_zRT_ldVBu

PREVENÇÃO DE CONFLITOS.

O Conselho de Segurança realizou hoje, 21/08, debate aberto sobre prevenção de conflitos. O evento guardou relação com o centenário do início da Primeira Guerra Mundial.

Na oportunidade, o Brasil ressaltou que ferramentas diplomáticas convencionais não bastam para prevenir conflitos. É igualmente necessário promover o desarmamento nuclear mundial; resolver disputas prolongadas, como a questão da Palestina; assegurar que compromissos de ajuda oficial ao desenvolvimento sejam cumpridos; contestar lógicas militaristas, medidas unilaterais e narrativas baseadas no excepcionalismo, que enfraquecem o sistema multilateral; e reformar o Conselho de Segurança para reforçar sua legitimidade e credibilidade.

O papel preventivo da Comissão da Construção da Paz, presidida pelo Brasil em 2014, foi elogiado por muitas delegações durante o debate.

Leia, abaixo, a íntegra do discurso.

Cópia em PDF pode ser encontrada aqui: http://goo.gl/QrzrLM

“Mr. President,
We welcome the opportunity to highlight the importance of diplomatic tools in a world where we so often see a hastened resort to coercive measures.

 

I also thank the Secretary-General and Human Rights High Commissioner Navi Pillay for their briefings. I take this opportunity to congratulate Madam Pillay for her dedication, professionalism and personal commitment to the promotion and protection of human rights in a non-selective manner.

Mr. President,
Two significant anniversaries which have close relation to the issue of conflict prevention are being celebrated in 2014. Two hundred years have passed since the Congress of Vienna, when an exercise in multipolar coordination, albeit circumscribed to the European continent, was conceived, fostering a century of relative peace. We also remember one hundred years since the onslaught of World War I; a war considered today by many historians as having been avoidable and the result of a failure of leadership and diplomacy.

As we reflect on the legacy of these watershed events, it is appropriate that we ponder the effectiveness of the means available to prevent armed conflicts. In so doing, let us not concentrate only on the Security Council’s business as usual approach, nor focus only on those conflicts that draw the attention of the Council.

Brazil values and encourages efforts in mediation, good offices, early warning and conciliation measures. Preventive diplomacy, nevertheless, goes beyond these diplomatic endeavours. The greatest threats to international peace and security need to be addressed in a much more encompassing way, touching on subjects on which this Council rarely dwells.

First and foremost, preventing conflicts demands the fulfillment of commitments.

In the field of disarmament, for example, scarce progress has been achieved towards the elimination of nuclear weapons and other weapons of mass destruction.

Political commitments should also be honoured. This Council can give an important contribution to conflict prevention if it truly engages in resolving protracted disputes that sow the seed for renewed violence in many regions, as the latest conflict in Gaza attested yet again. Resolute action by the Security Council to face its responsibilities regarding the Israel-Palestine dispute would be a crucial measure to prevent renewed conflict in the Middle East and beyond. It is important to recall that Resolution 1515 (2003), which endorsed the vision of a region where two States – Israel and Palestine – live side by side within secure and recognized borders, remains unimplemented.

If we are to focus on situations of tension and threats to peace in parts of the world that are less developed, another way we can help prevent conflict is through the fulfillment of multilateral pledges to build more just and inclusive societies. Commitments to official development assistance remain far below the goals set by the Monterrey Consensus in 2002, as very few developed nations have achieved their national targets regarding aid flows.

Mr. President,
Above and beyond such considerations, perhaps the most efficient way to prevent conflict is to support and sustain a strong and functional multilateral system, able to respond to evolving challenges. This system, founded on the principles of the UN Charter, is being eroded by actions or behaviour that a meeting such as this would do well to debate.

To strengthen the multilateral system and therefore to strengthen our capacity to prevent conflicts, it is necessary to abandon the reflex of resorting to coercive measures as the very first option. Unilateral sanctions, for example, corrode the credibility of the international order, frequently harm the civilian population and have demonstrably revealed themselves as inadequate in changing behavior.

Blind faith in the effectiveness of military action to promote stability is another threat to the kind of multilateralism that is most conducive to peace. The recent spiraling of violence in countries such as Iraq, Syria, Libya and Afghanistan should give us pause for reflection in this regard. In all of these scenarios, serious setbacks have demonstrated the limitations of strategies that attribute to the use of force a role that it does not and cannot fulfill in today’s world. To counter such belligerent logic is to actively prevent conflicts.

The narratives of exceptionalism – the belief that universal rules and obligations somehow do not apply to a certain country or group of countries – equally challenge the strong system we need in order to prevent conflicts. Preventive diplomacy requires repudiating double standards when dealing with threats to peace, therefore avoiding incoherence when facing similar problems.

Issues of governance also hinder our ability to better prevent crises. To avert conflicts we should urgently reinforce the credibility of the institutions responsible for upholding international peace, the most important of which is the Security Council. Updating the composition of the Security Council in order to make it more inclusive and legitimate in line with the geopolitical realities of the contemporary world will decisively strengthen its efficiency and credibility, and thus enhance the overall preventive capacity of the United Nations. If no action is taken, this organ faces a real risk of becoming increasingly obsolete, in which case efforts to promote preventive diplomacy will ultimately suffer their greatest setback.

Mr. President,
Among the various tools to promote conflict prevention at the disposal of the United Nations, the Peacebuilding Commission deserves to be highlighted. By fostering joint international strategies on reconstruction, institution-building and policy-development in vulnerable environments, the PBC has a key role to play in averting the recurrence of conflict and in promoting a culture of prevention of conflicts. The issuing today of a PBC statement on the current Ebola crisis in West Africa is a good example of how the PBC can contribute to raise awareness — in this case in helping to avoid that a public health emergency may become a post-conflict peacebuilding emergency.

As the current President of the PBC, Brazil convened the first annual session of the Commission last June, when we highlighted national ownership, regional engagement and programmatic interventions as three vital elements in consolidating a sustainable peace. We are confident that the ten-year comprehensive review of the United Nations peacebuilding architecture, in 2015, will strengthen the role of the PBC along with that of the Peacebuilding Fund, to the benefit of prevention.

Mr. President,
To conclude, let me recall that Brazil has inscribed the principle of peaceful settlement of disputes into its Constitution. Along with our neighbours, we are consolidating South America as an area of peace, democracy and cooperation. The Member States of the Zone of Peace and Cooperation of the South Atlantic (ZOPACAS) have shown their commitment to consolidating the South Atlantic as an area of peace, cooperation and sustainable development, free from nuclear weapons and other weapons of mass destruction.

Let me reiterate that Brazil, in this Organization and elsewhere, will always privilege diplomacy, dialogue and persuasion over coercion and will continue to be an active supporter of improving multilateral tools to prevent and resolve conflicts.

Thank you.”

Foto: PREVENÇÃO DE CONFLITOS O Conselho de Segurança realizou hoje, 21/08, debate aberto sobre prevenção de conflitos. O evento guardou relação com o centenário do início da Primeira Guerra Mundial. Na oportunidade, o Brasil ressaltou que ferramentas diplomáticas convencionais não bastam para prevenir conflitos. É igualmente necessário promover o desarmamento nuclear mundial; resolver disputas prolongadas, como a questão da Palestina; assegurar que compromissos de ajuda oficial ao desenvolvimento sejam cumpridos; contestar lógicas militaristas, medidas unilaterais e narrativas baseadas no excepcionalismo, que enfraquecem o sistema multilateral; e reformar o Conselho de Segurança para reforçar sua legitimidade e credibilidade. O papel preventivo da Comissão da Construção da Paz, presidida pelo Brasil em 2014, foi elogiado por muitas delegações durante o debate. Leia, abaixo, a íntegra do discurso. Cópia em PDF pode ser encontrada aqui: http://goo.gl/QrzrLM "Mr. President, We welcome the opportunity to highlight the importance of diplomatic tools in a world where we so often see a hastened resort to coercive measures. I also thank the Secretary-General and Human Rights High Commissioner Navi Pillay for their briefings. I take this opportunity to congratulate Madam Pillay for her dedication, professionalism and personal commitment to the promotion and protection of human rights in a non-selective manner. Mr. President, Two significant anniversaries which have close relation to the issue of conflict prevention are being celebrated in 2014. Two hundred years have passed since the Congress of Vienna, when an exercise in multipolar coordination, albeit circumscribed to the European continent, was conceived, fostering a century of relative peace. We also remember one hundred years since the onslaught of World War I; a war considered today by many historians as having been avoidable and the result of a failure of leadership and diplomacy. As we reflect on the legacy of these watershed events, it is appropriate that we ponder the effectiveness of the means available to prevent armed conflicts. In so doing, let us not concentrate only on the Security Council's business as usual approach, nor focus only on those conflicts that draw the attention of the Council. Brazil values and encourages efforts in mediation, good offices, early warning and conciliation measures. Preventive diplomacy, nevertheless, goes beyond these diplomatic endeavours. The greatest threats to international peace and security need to be addressed in a much more encompassing way, touching on subjects on which this Council rarely dwells. First and foremost, preventing conflicts demands the fulfillment of commitments.  In the field of disarmament, for example, scarce progress has been achieved towards the elimination of nuclear weapons and other weapons of mass destruction. Political commitments should also be honoured. This Council can give an important contribution to conflict prevention if it truly engages in resolving protracted disputes that sow the seed for renewed violence in many regions, as the latest conflict in Gaza attested yet again. Resolute action by the Security Council to face its responsibilities regarding the Israel-Palestine dispute would be a crucial measure to prevent renewed conflict in the Middle East and beyond. It is important to recall that Resolution 1515 (2003), which endorsed the vision of a region where two States - Israel and Palestine - live side by side within secure and recognized borders, remains unimplemented. If we are to focus on situations of tension and threats to peace in parts of the world that are less developed, another way we can help prevent conflict is through the fulfillment of multilateral pledges to build more just and inclusive societies. Commitments to official development assistance remain far below the goals set by the Monterrey Consensus in 2002, as very few developed nations have achieved their national targets regarding aid flows. Mr. President, Above and beyond such considerations, perhaps the most efficient way to prevent conflict is to support and sustain a strong and functional multilateral system, able to respond to evolving challenges. This system, founded on the principles of the UN Charter, is being eroded by actions or behaviour that a meeting such as this would do well to debate. To strengthen the multilateral system and therefore to strengthen our capacity to prevent conflicts, it is necessary to abandon the reflex of resorting to coercive measures as the very first option. Unilateral sanctions, for example, corrode the credibility of the international order, frequently harm the civilian population and have demonstrably revealed themselves as inadequate in changing behavior. Blind faith in the effectiveness of military action to promote stability is another threat to the kind of multilateralism that is most conducive to peace. The recent spiraling of violence in countries such as Iraq, Syria, Libya and Afghanistan should give us pause for reflection in this regard. In all of these scenarios, serious setbacks have demonstrated the limitations of strategies that attribute to the use of force a role that it does not and cannot fulfill in today's world. To counter such belligerent logic is to actively prevent conflicts. The narratives of exceptionalism – the belief that universal rules and obligations somehow do not apply to a certain country or group of countries – equally challenge the strong system we need in order to prevent conflicts. Preventive diplomacy requires repudiating double standards when dealing with threats to peace, therefore avoiding incoherence when facing similar problems. Issues of governance also hinder our ability to better prevent crises. To avert conflicts we should urgently reinforce the credibility of the institutions responsible for upholding international peace, the most important of which is the Security Council. Updating the composition of the Security Council in order to make it more inclusive and legitimate in line with the geopolitical realities of the contemporary world will decisively strengthen its efficiency and credibility, and thus enhance the overall preventive capacity of the United Nations. If no action is taken, this organ faces a real risk of becoming increasingly obsolete, in which case efforts to promote preventive diplomacy will ultimately suffer their greatest setback. Mr. President, Among the various tools to promote conflict prevention at the disposal of the United Nations, the Peacebuilding Commission deserves to be highlighted. By fostering joint international strategies on reconstruction, institution-building and policy-development in vulnerable environments, the PBC has a key role to play in averting the recurrence of conflict and in promoting a culture of prevention of conflicts. The issuing today of a PBC statement on the current Ebola crisis in West Africa is a good example of how the PBC can contribute to raise awareness -- in this case in helping to avoid that a public health emergency may become a post-conflict peacebuilding emergency. As the current President of the PBC, Brazil convened the first annual session of the Commission last June, when we highlighted national ownership, regional engagement and programmatic interventions as three vital elements in consolidating a sustainable peace. We are confident that the ten-year comprehensive review of the United Nations peacebuilding architecture, in 2015, will strengthen the role of the PBC along with that of the Peacebuilding Fund, to the benefit of prevention. Mr. President, To conclude, let me recall that Brazil has inscribed the principle of peaceful settlement of disputes into its Constitution. Along with our neighbours, we are consolidating South America as an area of peace, democracy and cooperation. The Member States of the Zone of Peace and Cooperation of the South Atlantic (ZOPACAS) have shown their commitment to consolidating the South Atlantic as an area of peace, cooperation and sustainable development, free from nuclear weapons and other weapons of mass destruction. Let me reiterate that Brazil, in this Organization and elsewhere, will always privilege diplomacy, dialogue and persuasion over coercion and will continue to be an active supporter of improving multilateral tools to prevent and resolve conflicts. Thank you."

 FONTE: https://www.facebook.com/delbrasonu?hc_location=timeline.