The accused is a medical doctor by profession. He is charged with the crimes of Direct and Public Incitement to commit Genocide, Genocide, Complicity in Genocide, Conspiracy to Commit Genocide, Crimes Against Humanity, and Serious Violations of Article 3 common to the 1949 Geneva Conventions and of Additional Protocol II thereto.
(...) "We are determined to continue pursuing vigorously our mandate of rendering justice for the Rwanda genocide", Judge Kama stated.
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https://unictr.irmct.org/en/node/1889
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As the Trial Chamber is
23 aware, this accused was charged in 1995 for actions which occurred at the
24 Keraterm detention camp between May and August of 1992. (...) But the
23 issue for us has been trying to establish what we can prove beyond a
24 reasonable doubt with respect to his participation at Keraterm, and our
25 answer, after the vigorous work that we've put into it in the last few
Page 41
1 months, is that we do not now have sufficient evidence to convict him for
2 offences that are the focus of this Tribunal. (...) I have nothing else to say but to support
11 the motion put in by the Prosecution and to ask the Chamber to withdraw
12 the charges against my client.
13 JUDGE MAY: Thank you, Mr.
Language:English
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https://www.icty.org/x/cases/banovic/trans/en/020410MH.htm
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As the Trial Chamber is
23 aware, this accused was charged in 1995 for actions which occurred at the
24 Keraterm detention camp between May and August of 1992. (...) But the
23 issue for us has been trying to establish what we can prove beyond a
24 reasonable doubt with respect to his participation at Keraterm, and our
25 answer, after the vigorous work that we've put into it in the last few
Page 41
1 months, is that we do not now have sufficient evidence to convict him for
2 offences that are the focus of this Tribunal. (...) I have nothing else to say but to support
11 the motion put in by the Prosecution and to ask the Chamber to withdraw
12 the charges against my client.
13 JUDGE MAY: Thank you, Mr.
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https://www.icty.org/x/cases/fustar/trans/en/020410MH.htm
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The Prosecutor encourages vigorous debate within her Office, regarding the strengths or weaknesses of the evidence and legal theories which may be applicable to the facts and the evidence. (...) The final position on the viability of any charge against any person is the sole decision of the Prosecutor, who if satisfied that the available evidence is sufficient, then presents an indictment to a judge for confirmation.
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https://www.icty.org/en/press/...ss-statement-office-prosecutor
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The Prosecutor encourages vigorous debate within her Office, regarding the strengths or weaknesses of the evidence and legal theories which may be applicable to the facts and the evidence. (...) The final position on the viability of any charge against any person is the sole decision of the Prosecutor, who if satisfied that the available evidence is sufficient, then presents an indictment to a judge for confirmation.
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Score: 954157
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https://www.icty.org/en/node/2294
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Before doing so, in this case, as in any others, the judges will want to satisfy themselves that the local courts are able to try war crimes cases in accordance with the highest international standards. This means vigorously pursuing evidence of crimes and giving victims the opportunity to have their stories heard, providing adequate protection for witnesses, fully respecting the rights of the accused to a fair trial and bringing judgments based on law and not political pressure.
(...) However, in this discussion on whether or not the case may be transferred for trial in Croatia, the most important point is completely lost. The indictment charges Mirko Norac with grave crimes. It alleges that Croatian army and police forces attacked the Serbian population in the Medak Pocket, which at the time numbered approximately 400 people.
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https://www.icty.org/x/file/Ou...rom_hague/balkan_040609_en.pdf
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.
• South Africa is an important tourism market for key Asia Pacific markets such as China, Singapore and Australia
• Australasia: a fast-growing emitting market (25.1% ) for South Africa attracting 541,253 tourists in 2012
• Changi Airport is an extremely important hub in the Australasia region and will help in stimulating tourism growth to South Africa thanks to its dense connectivity to China and Australia
1 August 2013 Page 6 6
Aviation and Tourism Synergies but need for improvement
Air transport is often perceived as slowing development of travel and tourism
– Higher taxes & charges
– Lack of air connectivity
– Facilitation and border control
How to improve and balance benefits of air transport and tourism policies
1 August 2013 Page 7
Proposed joint work programme with UNWTO : 3 priorities
• Facilitation (Visa & border control)
– Minimum standards
• Consumer protection
• Aviation and tourism sustainability
Avoid duplication in efforts and create a greater synergy in both organizations
T20 recognized synergies between air transport and tourism development
ICAO and UNWTO to cooperate on matters of mutual interest:
1 August 2013 Page 8
ICAO/UNWTO – Joint Statement
Joint Statement on Aviation and Tourism signed by ICAO & UNWTO Secretaries General at ATConf/6
Objectives: • Maximize air transport/tourism synergies • Work together on consumer protection • Increase connectivity (e.g. visas and travel ID documents;
airport passenger flow management; essential service and tourism development route (ESTDR)
• Reduce greenhouse gas emissions • Alleviate taxes, charges and levies on aviation and tourism • Cooperate on the implementation of ATConf/6
recommendations
1 August 2013 Page 9
Value of air cargo for trade and economy
Facilitation of air cargo is essential
Initiatives by ICAO and WCO
• Maintain stability of supply chain
• Support economic growth
• Enable sustainable development of air transport
• Maintain security and flight safety
1 August 2013 Page 10
World international cargo shipment
Aviation’s key advantage is speed and average value of goods shipped by air tends to be higher
than for other modes.
1 August 2013 Page 11
ATConf/6 highlights & general assessment
• Theme: “Sustainability of air transport” provided a relevant platform for discussion
• Objectives: Develop guidance and action plan for a global regulatory framework
• Preliminary steps: Regional seminars provided a preliminary review of issues and proposals to be discussed
• Documentation: Substantive documentation available on website
• Attendance: Over 1000 participants from 131 States and 39 Observer organizations
• 69 Recommendations: including 40 for ICAO action and 29 for States action
• Assessment: Successful event
1 August 2013 Page 12
Agenda Item 1
Item 1: GLOBAL OVERVIEW OF TRENDS AND DEVELOPMENTS
• 1.1 Industry and regulatory developments
• 1.2 Other areas of ICAO´s work that may have economic implications
(including the economic impact pertaining to the outcome of the High-level Conference on Aviation Security (HLCAS)
1 August 2013 Page 13
Milestone results
• Stronger leadership role for ICAO in economic regulation
• ICAO leadership role in forging new regulatory tools
• Commitment of the global aviation community for increased international integration and harmonization
• Cooperation between air transport stakeholders to avoid duplication of efforts
• Recommendation for the implementation of a voluntary air transport fund
1 August 2013 Page 14
Agenda Item 2
Item 2: EXAMINATION OF KEY ISSUES AND RELATED REGULATORY FRAMEWORK
• 2.1 Market access
• 2.2 Air carrier ownership and control
• 2.3 Consumer protection
• 2.4 Fair competition
• 2.5 Safeguards
• 2.6 Taxation & other levies on international air transport
• 2.7 Economics of airports and air navigation services
(including outcome pertaining to economic impact of the Twelfth Air Navigation Conference (ANConf/12)
• 2.8 Implementation of ICAO policies and guidance
1 August 2013 Page 15
Market access and fair competition
Main recommendations for ICAO (market access):
– Develop international agreement to liberalize air cargo services
– Develop international agreement to liberalize market access
– Continue providing ICAN facility for further liberalization
Main recommendations for ICAO (fair competition):
– Develop a compendium of competition policies and practices by States and regional bodies
– Provide an exchange forum for States for more compatible regulatory approaches
1 August 2013 Page 16
Air carrier ownership and control
Main recommendation for ICAO - Develop international agreement to liberalize air carrier ownership and control:
• take into account safety and security concerns
• principle of reciprocity
• gradual and progressive adaptation with safeguards
• regional experiences & requirements of various States’ domestic laws & effects on all stakeholders (including labour)
1 August 2013 Page 17
Consumer protection
Main recommendation for ICAO: • ICAO should develop high-level, non-prescriptive
core principles on consumer protection • appropriate balance between
consumers/industry competitiveness • need for States’ flexibility (different social,
political and economic characteristics) • consistency with Montréal Convention of 1999
1 August 2013 Page 18
Taxation
Main recommendations for ICAO:
• collaborate with relevant industry associations to develop analysis and guidance for use by States on the impact of taxes and other levies on air transport
• continue to take the necessary measures to enhance States’ awareness of ICAO policies on taxation and vigorously promote application
1 August 2013 Page 19
Economics of airports and air navigation services
Main recommendations for ICAO:
• multidisciplinary group to develop principles on incentives in Aviation System Block Upgrades (ASBUs) modules
• new mechanisms for sustainable funding of oversight functions at State level and development of related guidance material
1 August 2013 Page 20
Continuous work on policies and guidance
Main recommendations for ICAO:
• Update and keep current ICAO policy and guidance on:
– Regulation of international air transport (TASAs, Docs 9587 & 9626 and databases)
– Supplement to Doc 9082 to include changes in airport & ANSP commercialization/privatization
– Supplement to Doc 8632 – taxation policies
1 August 2013 Page 21
Continuous work on monitoring and analyzing
Main recommendations for ICAO:
• Monitor developments related to:
– Air transport industry
– Areas of market access, consumer protection, competition and safeguards
– Impediments to sustainable air transport system
– Changes in airport and ANSPs commercialization & privatization
– Economic oversight funding situations
1 August 2013 Page 22
Promotion, awareness and implementation
Main recommendations for ICAO:
• Promote & increase awareness of ICAO policies and guidance material on:
– Air transport regulation and liberalization
– Funding of infrastructure
– Policies on taxation, user charges
– Governance, management of airports & ANSPs, aviation security related charges
– Ratification of Montréal Convention of 1999
• Consider additional ways by which to enhance implementation
1 August 2013 Page 23
Follow-up actions
• June 2013: Approval of ATConf/6 recommendations by the ICAO Council
• State letter to disseminate outcome and action required by States
• Use of ICAN platform and other State-funded seminars
• Regular monitoring and updating of relevant ICAO databases
• Dissemination of information using ICAO training courses and the website
• Regular reporting to States on follow-up actions
1 August 2013 Page 24
Closing
All documentation and Conference report on ICAO website
(http://www.icao.int.meetings/atconf6/ )
Yellow cover report available in hard copy in all languages
Questions and answers…
http://www.icao.int.meetings/atconf6/
1 August 2013 Page 25
© ICAO All rights reserved.
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