Secretary-General's press encounter upona arrival at UNHQ (unofficial transcript)

SG:Good afternoon, ladies and gentlemen. It's good to see you all again. I think over the weekend we saw a major development in Iraq. This is a positive development because Saddam Hussein has cast a rather long shadow over developments and over the transition process. With his capture, that shadow has been removed and I hope this will help us move ahead with the transition period, and also accelerate the process of reconciliation and attempts to establish a provisional Iraqi government that is inclusive and transparent. Saddam Hussein has also been accused of heinous crimes including gross and systematic violations of human rights and international humanitarian law. It is essential and it is absolutely vital that all those responsible for these crimes should be brought to account, and I believe this should be done through open trials, in properly established courts of law, which will respect basic international norms and standards, including respect for international humanitarian law. We have a lot to do, and I think last weekend's development is an important event.

Q: Mr. Secretary-General, would you be opposed to a war crimes tribunal that included the death penalty?

SG: As you know, the UN does not support the death penalty. All the courts we've set up have not included the death penalty. So, as Secretary-General, as the UN, as an Organization, we are not going to now turn around and support the death penalty.

Q: …You said that you didn't think that it was likely that the security situation would improve in Iraq –that was in your report to the Council. With the capture of Saddam Hussein now, do you think there is a case for the UN's return to Iraq and Baghdad?

SG: The only thing that will hasten the UN's return is the establishment of a secure environment, and if the capture of Saddam Hussein leads to that development, it will be helpful.

Q: Selon vous, est-il important que la communauté internationale et l'ONU puissent jouer un rôle dans la mise en place et dans la tenue d'un procès contre M. Saddam Hussein?

SG: Evidemment on a fait ça dans deux cas. Si on demande a l'ONU de le faire, je sais que le conseil de sécurité sont a mesure de le discuter et de prendre les décisions nécessaires. Pour le moment ce n'est pas une question qui est sur la table.

Q: Several Security Council ambassadors have raised the possibility that Saddam's capture could possibly accelerate the timetable for the handover of power to a provisional government. Is this something that you would favour, and also, following up on your comment about a tribunal, do you believe that the Iraqi judicial system is in a position to carry out a trial that would be accepted by the international community?

SG: As to your first question, I can't answer it categorically. I believe that the capture and the plans to end the occupation –I think once the occupation has ended we should see a decrease in violence and resistance activities, so I think quite frankly, I think most people realize that Saddam was out of the game, that he wasn't going to come back. It is his shadow, and the uncertainty that his being at large created, which has been removed with his capture. And so, my own judgment, the key will be the end of the occupation, that will offer no incentive for those who are saying they are fighting the resistance to continue fighting, if the occupation ends.

On your second question, I haven't really had time to study the new Iraqi courts that have been set up which ostensibly are going to try the former colleagues of Saddam Hussein and the former members of the government. But what is important is that whatever court is set up has to meet basic international norms and standards, and if in doing that, one needs to get help from outside, I think that should be considered. But the emphasis should be in respecting the basic norms and standards, including international humanitarian law. And I think also that I've been encouraged by the assurances given by the [U.S.] President and other senior members of the administration that Saddam Hussein will be treated humanely, even though this is a treatment he in the past did not accord those who fell into his hands.

Q: The Iraqi people want to have Saddam Hussein in the country and to bring him to justice. Do you have any objection to that?

SG: I don't think I have indicated any objection. The only thing I am encouraging and pushing for is that whatever court is set up should meet international norms and standards.

Q: Mr. Secretary-General, did you talk to President Bush directly?

SG: I have not spoken to him directly, but I'm sure we will speak in the not-too-distant future.

Q: … The International Criminal Court has been set up. Does this highlight the difficulty the United States has created by not joining and not agreeing to that Court?

SG: I think you're being provocative. (laughter) But let me say that I'm not sure the Court could take up that case even if the US had accepted the remit of the ICC, because it is prospective, not retrospective, and quite a lot of the crimes that Saddam Hussein is accused of were committed before the Court was set up. Thank you very much.