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Preventing and Repressing International Crimes – Volume 2

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Preventing and Repressing International Crimes – Volume 2 PREVENTING AND REPRESSING INTERNATIONAL CRIMES: TOWARDS AN “INTEGRATED” APPROACH BASED ON DOMESTIC PRACTICE REPORT OF THE THIRD UNIVERSAL MEETING OF NATIONAL COMMITTEES FOR THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW Volume II: Annexes ICRC Advisory Service on International Humanitarian Law International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org © ICRC, February 2014 PREVENTING AND REPRESSING INTERNATIONAL CRIMES: TOWARDS AN “INTEGRATED” APPROACH BASED ON DOMESTIC PRACTICE REPORT OF THE THIRD UNIVERSAL MEETING OF NATIONAL COMMITTEES FOR THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW Volume II: Annexes Prepared by: Anne-Marie La Rosa This report is also available in Arabic, French, Spanish, Russian and Chinese. It comprises two volumes containing the text of the report itself and the annexes to which it refers, respectively. The report comes with a DVD of other material useful for the national implementation of IHL. All comments on the report and its annexes should be sent to the ICRC Advisory Service on International Humanitarian Law at: [email protected]. LIST OF ANNEXES 3 LIST OF ANNEXES 1. LIST OF PARTICIPANTS 5 2. DETAILED PROGRAMME WITH LIST OF MODERATORS AND PANELISTS 23 3. BACKGROUND DOCUMENT 31 4. TABLE ON THE INTEGRATED IMPLEMENTATION OF THE PROVISIONS ON CRIMINAL SANCTIONS IN IHL AND OTHER RELATED PROVISIONS 53 5. TABLE OF NATIONAL CASE LAW ON INTERNATIONAL CRIMES AND UNIVERSAL JURISDICTION 123 6. ELEMENTS WHICH DETERMINE THE EFFECTIVENESS OF SANCTIONS AND COMMENTS 133 7. LIST OF NATIONAL IHL COMMITTEES AND OTHER NATIONAL BODIES 143 8. LIST OF REGIONAL MEETINGS OF NATIONAL IHL COMMITTEES (COVERING THE ROME STATUTE) 217 9. PLEDGES MADE AT THE REVIEW CONFERENCE OF THE ROME STATUTE AND THE 30TH AND 31ST INTERNATIONAL CONFERENCES OF THE RED CROSS AND RED CRESCENT 227 10. CONCLUDING STATEMENT BY MR YVES SANDOZ, MEMBER OF THE ICRC AND FORMER ICRC DIRECTOR OF INTERNATIONAL LAW AND PRINCIPLES 331 1. LIST OF PARTICIPANTS * * The list of participants is available in English only and is reproduced here as it was distributed at the meeting. 6 Country Name Title Institution Algeria Mr BENACHENHOV Abdel El Ilah Legal Adviser to the Red Crescent Society National Committee on International Humanitarian Law Mr NACEREDDINE Marouk Adviser to the Minister of Justice National Committee on International Humanitarian Law Argentina Ms LUTERSTEIN Natalia M. Legal Adviser to the Ministry of Justice, Committee on International Humanitarian Law Security and Human Rights Implementation Ms SIFON URRESTARAZU Marie Jose Lawyer Committee on International Humanitarian Law Adviser and Secretary to the CIHLI Implementation (CIHLI) Armenia Mr AVETISYAN Aleksandr Deputy Head of Legal Provision and International Treaties Branch P REVENTING AND REPRESSING INTERNATIONAL CRIMES REPRESSING INTERNATIONAL REVENTING AND Mr GHUKASYAN Davit 2nd Secretary, UN Desk Department of International Organizations Australia Ms HORVATH Szabina Counsel to the Directorate of Operations and Australian Red Cross NSW International Law National Committee on International Humanitarian Law Ms McCOSKER Louise Deputy IHL Manager Australian Red Cross NSW National Committee on International Humanitarian Law Austria Dr SCHNEIDER Bernhard Head of Department for Legal Affairs and Interministerial Working Group on the Dissemination Migration of International Humanitarian Law Mr UNGER Thomas Legal Officer to the Federal Ministry for Interministerial Working Group on the Dissemination European and International Affairs of International Humanitarian Law Azerbaijan Mr HASANOV Ramin Deputy Head of International Law and Treaties Department Belarus Mr BUDNIK Yaroslav Head of Division to the Ministry of Justice Committee on International Humanitarian Law Secretary of the Committee on IHL Implementation Implementation Mr GOLOVANOV Viktor Minister of Justice Committee on International Humanitarian Law Chairman of the National Committee on IHL Implementation Implementation Country Name Title Institution Belgium Mr DIVE Gérard Federal Coordinator - Cooperation with Interministerial Committee of International Humanitarian International Criminal Jurisdiction Law Mr GOES Benjamin Adviser to the chancellery of the Prime Interministerial Committee of International Humanitarian Minister Law PARTICIPANTS OF LIST ANNEX1: Mr GOLDMAN Alexis Adviser to the SPF Foreign Affairs Interministerial Committee of International Humanitarian Law Benin Mr SAIZONOU Eric Franck Deputy Director for Legal Affairs National Committee on International Humanitarian Law Implementation Bolivia Dr RODRIGUEZ CARVAJAL Adolfo Delegate Standing National Committee on International (Plurinational Humanitarian Law Implementation State of) Dr VIDAL MURIEL Yolanda Zaida Head of the Human Rights’ Office - DGRM Standing National Committee on International Secretary Humanitarian Law Implementation President of the National Committee on IHL Brazil Mr DUARTE Carlos Head of the Department of International National Committee for Diffusion and Implementation Organizations of International Humanitarian Law in Brazil Mr MARTINS RIZZO Ricardo Assistant Secretary of the UN Division National Committee for Diffusion and Implementation Executive Secretary of the National of International Humanitarian Law in Brazil Committee for Diffusion and Implementation of IHL in Brazil Mr TRINDADE Otávio Second Secretary National Committee for Diffusion and Implementation of International Humanitarian Law in Brazil Burkina Faso Mr DEMBELE André General Secretary at the Ministry of Human Interministerial Committee on Human Rights and Rights’ Promotion International Humanitarian Law Ms DERME TRAORE Maïmouna Permanent Technical Secretary Interministerial Committee on Human Rights and International Humanitarian Law Burundi Mr GACUKO Leonard Director of the National Legislative Service Mr NIYUNGEKO Jean-Bosco Auditor General 7 8 Country Name Title Institution Canada Mr DENIS André Judge at the Superior Court of Quebec Mr MAIOLO Ilario Senior Legal Adviser The Canadian National Committee for Humanitarian Law Ms NOLKE Sabine Director, United Nations, Human Rights and The Canadian National Committee for Humanitarian Economic Law Law Central African Mr BANGALE GBIAMA Jonas President of the Ad hoc Commission for IHL Ad hoc Commission for International Humanitarian Law Republic (CAR) Director of Legal Affairs and Litigations Mr DJOUBAYE ABAZENE Arnauld First Deputy Public Prosecutor Ad hoc Commission for International Humanitarian Law P REVENTING AND REPRESSING INTERNATIONAL CRIMES REPRESSING INTERNATIONAL REVENTING AND Chad Mr MOUSSA Couguere Director of Legal Affairs, Archives and Data Chile Mr BELLEI TAGLE Carlos Head of the International Relations and National Committee on International Humanitarian Law Cooperation Unit Ambassador SALINAS BURGOS Hernán Legal Counsel National Committee on International Humanitarian Law President of the National Committee on IHL China Mr HE Liang Attachee to the Ministry of Foreign Affairs National Committee on International Humanitarian Law Mr REN Hao Deputy Director of External Liaison National Committee on International Humanitarian Law Department Ms WANG Mei Professor of Military Law, Legal Expert National Committee on International Humanitarian Law Colombia Dr REY Gedeon Jaramillo Minister Intersectorial Permanent Commission for the Human Rights and the Humanitarian International Law Ambassador VARGAS Clara Ines Ambassador Intersectorial Permanent Commission for the Human Rights and the Humanitarian International Law Comoros Mr DJAZILA Saendou Minister of Public Service and Human Rights Interministerial Commission and International President of the National Committee Humanitarian Law Ms RAZAFIARISOA Justine Emma Responsible for Children and Women’s Rights Interministerial Commission and International Interim General Delegate for Human Rights Humanitarian Law and IHL Country Name Title Institution Cook Islands Mr ELIKANA Tingika Solicitor General PARTICIPANTS OF LIST ANNEX1: Ms PATAI Myra Director, International Organizations and Treaties Costa Rica Ms PORRAS PASTRÁN Paola Patricia Diplomatic Officer Costa Rica Committee on International Humanitarian Executive Secretary to the Committee on IHL Law Mr SIBAJA ÁLVAREZ Manrique Legal Adviser at the Ministry of Justice Costa Rica Committee on International Humanitarian Law Côte d’Ivoire Mr EZOUAN Timothée Deputy Director of Humanitarian Affairs Interministerial Committee on International Humanitarian Law Implementation Mr YAPI Kacou Michel Magistrate Interministerial Committee on International Deputy Director of Studies and Legislation Humanitarian Law Implementation Croatia Ms DAMJANOVIC Katija Head of Office of the Executive President Croatian National Committee on International Humanitarian Law Mr JAGIC Nikola Head of the International Department Croatian National Committee on International Humanitarian Law Dr JAVORNIK Nenad Executive President Croatian National Committee on International Humanitarian Law Czech Republic Ms OCHMANNOVA Petra Legal Adviser, International Law Department Denmark Mr HANSEN Preben Soegaard Deputy Secretary General Danish Government Committee on International Head of Secretariat Humanitarian Law Member of Danish Government Committee on IHL Ms STEEN Lene Head of Section to the Ministry of Foreign Danish Government Committee on International Affairs Humanitarian Law 9 10 Country Name Title Institution Dominican Ambassador PICHARDO OLIVIER
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