UN Secretary-General BAN Ki-moon's comments/position on the execution of the death penalty against the former Iraqi President Saddam Hussein
반기문 신임 UN 사무총장의 사담 후세인 이라크 전직 대통령 사형집행에 관한 발언/입장
Media Stakeout
2 January 2007
반기문 UN 사무총장 기자회견
2007. 1. 2.
| 02 January 07 |
Media Stakeout: Informal comments to the Media by the Secretary-General, Ban Ki-moon, on the situation in Sudan and the Democratic People's Republic of Korea and other matters.
[Webcast: Archived Video - 12 minutes ] |
[5:33 - 6:39]
[Meetings Coverage and Press Releases/회의취재 및 보도자료]
Off-the-Cuff
Secretary-General's encounter with the UN press corps
New York, 2 January 2007
반기문 UN 사무총장의 UN 기자단과의 기자회견
New York
2007. 1. 2.
(...)
Q: Should Saddam Hussein have been executed, Mr. Secretary-General?
SG: Saddam Hussein was responsible for committing heinous crimes and unspeakable atrocities against the Iraqi people. We should never forget the victims of his crimes. The issue of capital punishment is for each and every Member State to decide. As a Secretary-General, at the same time, while I am firmly against impunity, I also hope that the members of the international community should pay due regard to all aspects of international humanitarian laws. During my entire tenure, I will try my best to help Member States, the international community, to strengthen the rule of law.
(...)
[UN News]
Ban Ki-moon takes over as UN Secretary-General, calls for common action to face crises
UN 사무총장직을 이어받은 반기문, 위기에 맞서기 위하여 공동행동 촉구
Secretary-General Ban Ki-moon
Mr. Ban, who succeeded Kofi Annan to become the eighth UN Secretary-General as the New Year came in on 1 January, smiled broadly as he entered the towering landmark building housing UN Headquarters on New York’s East River, where he paid tribute at the memorial for UN personnel who have fallen in the line of duty.
“I am very much overwhelmed by all this warm welcome,” he told a crowd of reporters. “Your presence this morning is a vivid proof that the United Nations is much alive in the front line addressing all the challenges and issues and trying to give hope to all the people around the world,” he said.
“I start my day as Secretary-General of the United Nations with much expectations and hope and promise and I need your strong support. I start my duty at a daunting time in international affairs starting from Darfur to Middle East, Lebanon, Iran, Iraq, North Korea, many other crises that trouble our world,” he added, stressing that these issues need to be addressed collectively.
Answering questions, Mr. Ban said he would immediately turn his attention to the issue of Darfur more than three years of fighting between Sudanese Government forces, allied militias and rebel groups seeking greater autonomy have left more than 200,000 people dead and driven more than 2.5 million from their homes.
Asked about North Korea’s nuclear weapons programme, he said that in his former position he had been deeply involved personally and as Secretary-General he will first try to facilitate the smooth progress of the six-party talks between the two Koreas, China, Japan, Russia and the United States seeking a solution.
Asked about the hanging of former Iraqi President Saddam Hussein, Mr. Ban said the issue of the death penalty was a question for each country to decide.
“Saddam Hussein was responsible for committing heinous crimes and unspeakable atrocities against the Iraqi people,” he noted. “We should never forget the victims of his crimes. The issue of capital punishment is for each and every Member State to decide.
“As a Secretary-General, at the same time, while I am firmly against impunity, I also hope that the members of the international community should pay due regard to all aspects of international humanitarian laws. During my entire tenure, I will try my best to help Member States, the international community, to strengthen the rule of law.”
Daily Noon Press Briefing
2 January 2007
대변인 일일 정오 브리핑
2007. 1. 2.
| 02 January 07 |
Daily Noon Press Briefing: By the Office of the Spokesperson for the Secretary-General.
[Webcast: Archived Video - 30 minutes ] |
[2:32 - 3:25]
[7:27 - 10:32]
[15:45 - 16:46]
[24:22 - 24:59]
[26:51 - 27:48]
2 January 2007
DAILY PRESS BRIEFING BY THE OFFICE OF THE SPOKESPERSON FOR THE SECRETARY-GENERAL
2007. 1. 2.
UN 사무총장 대변인실 일일 브리핑
Noon Briefings
(...)
Turning now to Iraq, the Secretary-General was asked about the death sentence imposed over the weekend against Saddam Hussein and he said that we should never forget the victims of Saddam Hussein’s crimes. The Secretary-General said that it is up to each Member State to decide on the issue of capital punishment, but he added that all States should pay due respect to international humanitarian law.
The Special Representative of the Secretary-General for Iraq, Ashraf Qazi, issued a statement over the weekend on the imposition of the death sentence against Saddam Hussein, saying that the United Nations stands firmly against impunity, and understands the desire for justice felt by many Iraqis. However, Qazi added, the United Nations remains opposed to capital punishment, even in the case of war crimes, crimes against humanity and genocide.
(...)
Question: Congratulations. I was just hoping you could square the statement by Mr. Qazi that the United Nations remains opposed to capital punishment. The Secretary-General did not sound like he was fundamentally opposed to capital punishment, that it was up to Member States to decide, and also -- if you could point to –- within international humanitarian law, whether there are specific prohibitions, conditions on the death penalty that he may have been sort of tacitly referring to in his statement.
Spokesperson: Yes, I think that what he was tacitly referring to is that there have been several statements made about the fact that the UN and its Human Rights Council do not recognize the death penalty. And what he said today is a nuance on the situation, stating that we should think first about the victims and the need for justice -– and he did mention that it is up to each country to decide, and he talked about respect for humanitarian law.
Question: Is he opposed to the death penalty?
Spokesperson: He just wanted to leave it open to Member States.
Question: But does this actually reflect a change in the UN policy on the death penalty, because before, every time the death penalty was mentioned, UN officials were opposed to it. Mr. Ban was questioned twice on this and specifically did not say that. So does this reflect a change in the UN policy?
Spokesperson: No, it does not. The UN policy still remains that the Organization is not for capital punishment. However, the way the law is applied in different countries, he left it open to those different countries.
Question: While commenting on Saddam Hussein and capital punishment, the Secretary-General made no reference to the trial that took place, because UN experts, including the former Secretary-General, had said that the trial was not credible. So where does Mr. Ban Ki-moon stand on that trial?
Spokesperson: On the trial, he has not commented on it yet, but if you want to have his comments on the trial, I will request some comments.
Question: And to follow up on that. Also, Iraq is occupied and there is a fight against that occupation, and there are rules and laws governing what kinds of trials get held about the people who get captured by the occupiers. And so I would appreciate a response, because it was not just some country that imposed a death penalty, but it was an occupied country.
Spokesperson: You want his take on the trial itself… Yes.
Question: Many people are feeling that it is a war crime to have done this execution.
Spokesperson: I will definitely get back to you on this.
(...)
Question: (...) And also, can we go back to the death penalty? I am a bit confused. If the Secretary-General thinks that the position of the UN remains unchanged on this, why did he not restate that the UN is opposed to the death penalty, just like Mr. Qazi did?
Spokesperson: Oh, I think essentially, because his national position is that there are some countries that do recognize the death penalty, and, from what I gather, he would like to leave it open to the different countries.
Question: What do you mean by national position? You started to refer to his national position?
Spokesperson: No, it’s the fact that the death penalty is authorized.
(...)
Question: On the question of the death penalty -- how does that statement that Mr. Ban wants to leave it open to those countries that recognize the death penalty to do that -– how is that consistent with the UN’s opposition to capital punishment?
Spokesperson: Well, as I said, he stated both today and the general position of the UN stands.
Question: But why did Mr. Ban want to make an exception for those countries that do recognize the death penalty if the position of the Organization is to be opposed to it?
Spokesperson: If you need more clarifications on his part, I will ask him to provide them.
(...)
Question: On the first day, isn’t he sending a mixed message on the Iraq death penalty situation? You have a Special Representative saying “we oppose it, it’s a violation” –- all of that –- and then the Secretary-General comes in and says: “Well, it’s up to every country”. On his first day in office, you have this man [talkover] Does the UN want to get more involved in Iraq or does it not want to?
Spokesperson: I don’t think this was the issue. The issue was the actual execution, and he stressed, when he started the statement –- let me stress that -– he said first we have to think of the victims, which means that the need for justice was stressed from the start of his statement.
(...)
[OHCHR - Press Release]
HIGH COMMISSIONER RENEWS CALL FOR RESTRAINT IN IRAQ
3 January 2007
UN 인권최고대표, 이라크에 자제할 것 재차 촉구
UN High Commissioner for Human Rights, Louise Arbour, today renewed her call for restraint by the Government of Iraq in the execution of sentences of death imposed by the Iraqi High Tribunal. On 28 December 2006, alongside the confirmation of the death sentence of Saddam Hussein, the death sentences of two other co-defendants, Awad Hamad Al-Bandar and Barzan Ibrahim Al-Hassan, were also upheld on appeal. “International law, as it currently stands, only allows the imposition of the death penalty as an exceptional measure within rigorous legal constraints. The concerns that I expressed just days ago with respect to the fairness and impartiality of Saddam Hussein’s trial apply also to these two defendants”, the High Commissioner said. “I have therefore today directly appealed to the President of the Republic of Iraq to refrain from carrying out these sentences.”The High Commissioner also noted that under Iraq’s international obligations, it is bound to afford Awad Hamad Al-Bandar and Barzan Ibrahim Al-Hassan the opportunity to seek commutation or pardon of the sentence.
[UN News]
UN human rights chief calls on Iraq not to hang co-defendants of Saddam
UN 인권수장, 이라크에 후세인의 공동피고인들 사형집행하지 말 것 촉구
Louise Arbour
“International law, as it currently stands, only allows the imposition of the death penalty as an exceptional measure within rigorous legal constraints,” UN High Commissioner for Human Rights Louise Arbour said referring to the scheduled hanging of two of Mr. Hussein’s co-defendants, Awad Hamad Al-Bandar and Barzan Ibrahim Al-Hassan.
“The concerns that I expressed just days ago with respect to the fairness and impartiality of Saddam Hussein’s trial apply also to these two defendants, she added in a statement. “I have therefore today directly appealed to the President of the Republic of Iraq to refrain from carrying out these sentences.”
Noting that the death sentences on the two were upheld together with that on Mr. Hussein, Ms. Arbour said that under Iraq’s international obligations, the country is bound to afford the two the opportunity to seek commutation or pardon of the sentences.
Secretary-General Ban Ki-moon fully endorsed Ms. Arbour’s call for restraint, his spokesperson Michele Montas told the daily news briefing in New York.
“The Secretary-General is of course aware of the ongoing debate concerning a total ban of the death penalty,” she said.
“Until the matter is resolved, he respects the right of Member States to have their own positions on it. However, the Secretary-General strongly believes in the wisdom of Article 3 of the Universal Declaration of Human Rights, which states ‘Everyone has the right to life, liberty and security of person,’” she added.
On the eve of Mr. Hussein’s execution Ms. Arbour likewise appealed to Iraq to avoid precipitously in light of concerns over the fairness of his trial.
“The appeal judgment is a lengthy and complex decision that requires careful study,” she said in a statement on Friday. “There were a number of concerns as to the fairness of the original trial, and there needs to be assurance that these issues have been comprehensively addressed. I call therefore on the Iraqi authorities not to act precipitately in seeking to execute the sentence in these cases.”
She noted that international law proscribes the imposition of the death sentence after an unfair trial. “All sections of Iraqi society, as well as the wider international community, have an interest in ensuring that a death sentence provided for in Iraqi law is only imposed following a trial and appeal process that is, and is legitimately seen as, fair, credible and impartial. That is especially so in a case as exceptional as this one,” she added.
She pointed out that under international treaties that Iraq has signed, Mr. Hussein had the right to appeal to the appropriate authorities for consideration of commutation or pardon.
Daily Noon Press Briefing
2007. 1. 3.
| 03 January 07 |
Daily Noon Press Briefing: By the Office of the Spokesperson for the Secretary-General.
[Webcast: Archived Video - 35 minutes ] |
[1:38 - 3:30]
[7:50 - 9:20]
[10:30 - 11:23]
[15:25 - 17:58]
[18:18 - 18:52]
[23:21 - 24:09]
[24:54 - 27:20]
[28:18 - 28:53]
[35:05 - 33:51]
3 January 2007
DAILY PRESS BRIEFING BY THE OFFICE OF THE SPOKESPERSON FOR THE SECRETARY-GENERAL
(...)
The UN High Commissioner for Human Rights -– this is now about Iraq -- Louise Arbour, today renewed her call for restraint by the Government of Iraq in the execution of death sentences that have been imposed by the Iraqi High Tribunal. Last week, the death sentences of two of Saddam Hussein’s co-defendants, Awad Hamad Al-Bandar and Barzan Ibrahim Al-Hassan, were upheld on appeal.
Arbour underlined that international law, as it currently stands, only allows the imposition of the death penalty as an exceptional measure within rigorous legal constraints. Given that her concerns about the fairness and impartiality of Saddam Hussein’s trial apply also to the other two defendants, the High Commissioner today directly appealed to the Iraqi President to refrain from carrying out these sentences.
We have her full statement upstairs.
I was asked several questions yesterday, questions about the Secretary-General’s view on capital punishment, and I have since spoken with him this morning about that topic, and I have a few things to add.
The Secretary-General is, of course, aware of the ongoing debate in the General Assembly concerning a total ban of the death penalty. Until the matter is resolved, he respects the right of Member States to have their own positions on it.
However, the Secretary-General strongly believes in the wisdom of article 3 of the Universal Declaration of Human Rights, which states, “Everyone has the right to life, liberty and security of person.”
In that context, he fully endorses the call made today by Louise Arbour for restraint by the Government of Iraq in the execution of the death sentences imposed by the Iraqi High Tribunal.
(...)
Question: As far as the execution -- the question of execution -- the Secretary-General just issued a statement. Does that mean that the Secretary-General has in fact corrected his position by supporting what is mentioned in the Geneva Convention? And does he still stick by the fact that it is up to the Member States to decide who to hang, who not to hang?
Spokesperson: I think yesterday he was acknowledging the fact that, as you know, there is no consensus at the United Nations over the issue of the death penalty. There was a debate at the General Assembly a few years ago and it ended up with the majority of Member States opting for –- refusing to condemn the death penalty.
He recognizes the fact that we are trying to work towards the abolition of that practice. However, he acknowledges also the fact that Member States have their positions on the issue.
Question: Yes, Michele. Just two things, one briefly a follow-up on that, Louise Arbour’s statement, questions of fairness of the process. It sounded like the Secretary-General yesterday was, to a certain degree, defending the process and saying that Iraq was dealing –- the Iraqis were dealing with their past. Is he essentially –- is it his position that this process by which Saddam Hussein has been tried and executed is not there?
(...)
And you had another question before…
Correspondent: Does the Secretary-General, it’s his view, are you saying, that he does not view the process that led to the trial and execution of Saddam Hussein, that it was essentially questions about its fairness?
Spokesperson: Well, we discussed this with him. He was talking simply about the executions. He was not talking about whether the trial was fair or not. I think in this specific case, he already supported this morning the statement made by Louise Arbour. And as you know, Louise Arbour also mentioned the fact that there are practices in the international courts condemning executions. But she also acknowledges that there are differences within Member States about this situation.
(...)
Question: This afternoon, human rights groups, including Human Rights Watch have criticized the Secretary-General’s statement on the execution of Saddam Hussein. Does he have any response to those statements?
Spokesperson: Well, I already gave his statement on the issue.
Question: But what are his views on the trial of Saddam Hussein?
Spokesperson: He has not expressed his view on the trials. He has supported today the call that Ms. Arbour sent to the Iraqi Government and that he was very strongly behind Ms. Arbour on this. His opinion is that we should press for the abolition of capital punishment, but it should be a slow process, as you know.
Question: But what are his views? Ms. Arbour has given her views, but what are his views?
Spokesperson: On the actual trial?
Question: On the actual trial and execution.
Spokesperson: He said what he thought in terms of the executions. In terms of the trial, he has not expressed his views on it yet.
Question: Just to follow up on that. The Secretary-General was speaking yesterday at a time many world countries were issuing statements condemning even the process that Saddam went through. So did it come across his mind that when he made his statements he undermines his position as an objective Secretary-General for this Organization? And considering the statement that came from Iraq, from Mr. Ashraf Qazi who probably what we stated more, you know, what we know about the UN position.
Spokesperson: Well, I think he…
Question: When you spoke to him this morning what did he tell you? Isn’t he worried now that people think he’s not really an objective Secretary-General, he’s more [inaudible]?
Spokesperson: I think his statement here was clear. I think it should be taken –- yesterday there was -- the complete statement does talk about, you know, the usual practice in humanitarian law and it does mention the larger picture. I don’t think it’s fair to say that he’s changing his views or anything of that sort. I think he’s clarified. You had asked me to ask him to clarify his views and I think he did.
Question: So what does he think of the Saddam, like versus this -– the Vatican issued a statement about last minute procedures. What does he think?
Spokesperson: [Inaudible] specifics in terms of the trial itself and what led to the execution, the times preceding the immediate execution.
(...)
Question: I have a question; it’s obviously a period of transition here at the UN. I’m just curious about the future of Louise Arbour and her job. Where do things stand with the new Secretary-General?
Spokesperson: Well, we don’t know yet. As I said yesterday and I will say it again today, there is going to be a review process –- all senior managers in their different positions -– and you should know more about this in a few weeks.
[The Spokesperson’s Office later clarified that Ms. Arbour’s current tenure is a four-year tenure, which was approved by the General Assembly and which ends in July 2008.]
Question: How confident is he of Louise Arbour’s performance?
Spokesperson: You heard him support Louise Arbour’s position today.
(...)
Question: What was his view on the, how his death penalty quote…
Spokesperson: …was received? That’s why he wanted this morning to make, you know, to stress the fact that he supports definitely what we have in the Covenant of Human Rights, and he supports what has been the, let’s say, the tradition in the human rights bodies of the United Nations and the international courts.
Question: …he made a mistake?
Spokesperson: No, he didn’t say he made a mistake. He said that, you know, he is a representative of 192 countries and there are 192 countries who disagree on the death penalty. That was all, I think. I think it was maybe, might have been blown a little bit out of the proportion he meant.
(...)
Question: Michele, you just sort of referred in passing to the fact that Ban Ki-moon supports the abolition of the death penalty, which sounds like an extremely strong position. Did he say that this morning to you? I mean, where does that come, where did he express support for the abolition of the death penalty?
Spokesperson: Well, I think he did express it in his comments this morning when he spoke to me, and his comments when he mentioned the fact that Ms. Arbour spoke about those two executions to be taking place shortly. I think he did, to me, it was important to him to stress that he was going along with what humanitarian law says. And, he was going along with what have been traditional UN practices pushing towards the abolition…
Question: So, he made it clear that he believes that we should, the UN should move towards the abolition of capital punishment?
Spokesperson: Yes.
Question: [talkover]
Spokesperson: Well, we have the Covenant on Human Rights…
Question: Well, the Covenant on Human Rights actually says, actually states where the death penalty is legal, it should happen only in the worst cases and he cited specifically that this, that Saddam’s were the most heinous crimes, so that sounds like, to me, like one of the worst cases, so I don’t understand. Where… [talkover]…
Spokesperson: You mentioned yourself that there are cases where…
Question: It seems to me that according to that Covenant it allows executions only in the worst cases, but it allows executions [talkover]…
Spokesperson: You have also the individual laws of countries. Let’s face it -- we have 192 Member States in this Organization.
Question: Excuse me ma’am, Ms. Arbour issued that [inaudible] statement before Saddam’s execution, and I am sure Mr. Secretary-General had enough time to do his research before taking his position. Why didn’t he call for similar restraint yesterday, instead of openly supporting the execution of Saddam?
Spokesperson: You know, Ms. Arbour is the High Commissioner for Human Rights. It is her job.
Question: You are the UN position. This is not something new…
Spokesperson: But he acknowledged simply that there were Member States who had different practices and different laws.
(...)
Question: What is his position –- I understand he supports the abolition of the death penalty -- but what is his position on a moratorium of the death penalty? Does he think that it is feasible that the General Assembly, for instance, passes a resolution on a moratorium?
Spokesperson: Well, this is a prerogative of the General Assembly. Once the General Assembly sets such a decision, takes such a decision, I think the Secretary-General will certainly carry it forward and push it forward.
(...)
Question: One last question in addition to that. Just back to the death penalty: is it correct that the United Nations defers to national law on internal matters, especially when there is no global treaty or convention? I mean, is it not up to individual States to set their own laws?
Spokesperson: Yes, it is the case, and this is what was referred to yesterday by the Secretary-General.
Question: It sounds that perhaps Mr. Ban is stepping away from that?
Spokesperson: I don’t think he’s stepping away from that. I think it is a common position here.
(...)
[The New York Times]
January 3, 2007
New U.N. Chief Invites Controversy by Declining to Oppose Hussein Execution
2007. 1. 3.
신임 UN 수장, 사담 후세인 사형집행에 반대 안해 논란
UNITED NATIONS, Jan. 2 — On his first day of work as secretary general, Ban Ki-moon, the mild-spoken South Korean diplomat who had suggested he would bring new caution to the post, invited controversy by declining to criticize the death penalty applied to Saddam Hussein.
Mr. Ban commented on the execution of Mr. Hussein just after entering United Nations headquarters on Tuesday morning to start his job.
“Saddam Hussein was responsible for committing heinous crimes and unspeakable atrocities against the Iraqi people,” Mr. Ban said in response to questions from a crush of reporters outside the Security Council’s chambers. “We should never forget the victims of his crimes, “ he said.
“The issue of capital punishment is for each and every member state to decide,” he added.
“While I am firmly against impunity, I also hope the members of the international community should pay due regard to all aspects of international humanitarian laws.”
Mr. Ban’s remarks appeared to contradict bedrock United Nations policy opposing the death penalty on human rights grounds.
He seemed to have tripped in his effort to tread lightly on the political views of the many United Nations members.
The remarks also seemed to show that Mr. Ban, who was South Korea’s foreign minister when he was chosen in October as secretary general, had not completed the transition from representing his country to leading the United Nations.
Michèle Montas, Mr. Ban’s spokeswoman, said the death penalty was legal in South Korea.
On Dec. 30, hours after Mr. Hussein was hanged, the United Nations special representative for Iraq, Ashraf Qazi, said in Baghdad that although the United Nations “understands the desire for justice felt by many Iraqis,” it could not support the execution.
“Based on the principle of respect for the right to life,” Mr. Qazi said, “the United Nations remains opposed to capital punishment, even in the case of war crimes, crimes against humanity and genocide.”
Ms. Montas, whose first day on the job also was Tuesday, said Mr. Ban had not intended to change United Nations policy, but had added his own “nuance.” Mr. Hussein was hanged in a hasty execution at dawn on Dec. 30, in a chamber where many Iraqis had been killed under his brutal rule.
In public comments before his first meeting with United Nations staff, Mr. Ban said, “We have to show the international community that we are ready and eager to change.” He said the organization had faced “harsh and sometimes unfair criticism,” and acknowledged that “staff morale has plummeted.” But he said United Nations workers must be ready to “multitask” and to move frequently from armchair jobs at headquarters in New York into the field.
“My watchword will be meritocracy,” he said, in words that should be well received by the Bush administration, which backed Mr. Ban to succeed Kofi Annan, who served two five-year terms, in part because of Mr. Ban’s pledges to streamline the United Nations bureaucracy.
In veiled words, Mr. Ban seemed to hint that he would not overreach his power, but that he expected cooperation from the United States. Speaking of the many crises facing the organization, he said, “Not a single person, including the secretary general of the United Nations; not a single country, however strong, powerful, resourceful, maybe, can address this.”
