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Statement by Raimonda Murmokaitė, Permanent Representative of Lithuania to the United Nations UN Security Council debate on ICTY/ICTR 5 June, 2014 I would like to begin by thanking Judge Theodor Meron, President of International Criminal Tribunal for the Former Yugoslavia, Judge Vagn Joensen, President of International Criminal Tribunal for Rwanda, Mr. Serge Brammertz Prosecutor of ICTY and Mr Hassan B.Jallow Prosecutor of ICTR for their comprehensive reports and briefings today. Lithuania is a strong supporter of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The principle of accountability for the most serious crimes of concern to the international community must be upheld and actively pursued.

The task of ending impunity for mass atrocities is often at the very heart of transitional justice and reconciliation efforts leading to a sustainable peace. The ICTY and the ICTR were established by the Security Council to deal with horrific crimes in view of a lack of independent judiciary capacity.

Guided by the principles of fairness, impartiality and independence, both Tribunals championed respect for the rule of law, developed capacity at the national level and contributed to the difficult but necessary process of reconciliation and peace The reports and today’s briefings clearly show that both Tribunals are moving successfully towards the completion of their mandates.

With regard to the work of the ICTY, all the indictees have been brought before the Tribunal, including several long term fugitives. The Tribunal has concluded proceedings against 141 of the 161 indicted individuals. We expect the Tribunal to complete its work in the nearest future. At the same time, it is important to emphasize that nothing should undermine its ability to deliver justice in due process. While acknowledging the heavy workload of the Tribunal and the considerable progress made, we encourage the ICTY to take all necessary measures to keep the delays at the minimum.

Accountability for war crimes and crimes against humanity depends on the effective completion of the last cases by the ICTY and the International Residual Mechanism for Criminal Tribunals  as much as it does on the success of national prosecutions. In fact, effective and efficient national prosecutions of war crimes will remain a critical component of the ICTY’s legacy.

We share the concern expressed in the report regarding the slow processing of war crimes cases, and in particular cases of sexual violence, by national institutions in countries that emerged out of former Yugoslavia.

Conflict related sexual crimes are particularly heinous and have lasting effects on the victims, their families and entire communities. We call upon the national authorities to devote sufficient time and attention to these cases and to truly commit to the resolution of the outstanding case load.

Regional co-operation is very important in this regard. The conclusion of the Protocol on Co-operation in Prosecution of Perpetrators of War Crimes, Crimes against Humanity and Genocide between the Prosecutor’s offices of Bosnia and Herzegovina and Montenegro on 29 April of this year as a positive step in this respect.

Mr. President,

The International Criminal Tribunal for Rwanda (ICTR) has done significant work in pursuing justice  and set important precedents in the development of international criminal law, such as the first ever prosecution for rape as an act of genocide.

As the closure of the Tribunal approaches, we should not lower our guard as nine fugitives indicted by the ICTR remain at large; six cases have been referred to Rwanda; and the remaining three indictees are to be tried before the Residual Mechanism. We call on all States to intensify their cooperation in order to achieve the arrest and surrender of all remaining fugitives as soon as possible.

An issue of concern is the human rights situation faced by those who have been acquitted or those who have served their sentence, but are still waiting to be relocated.  We call upon all States in a position to do so to respond positively to the Tribunals’ request for the relocation of such individuals.

Mr. President,

After two decades of activity both Tribunals are working together to ensure a gradual and effective transition towards the International Residual Mechanism for Criminal Tribunals. The establishment of the Residual Mechanism is essential to make sure that there will be no impunity for the remaining fugitives, that the appeals will be completed, and witnesses will be protected.

Finally, I would like to note that the scale and horrendous character of mass atrocities committed during the last few decades have clearly demonstrated the necessity of a permanent court of justice to end impunity for the most serious crimes of international concern where justice could not or would not be ensured otherwise. Both ad hoc Tribunals have played a crucial role and contributed considerably towards the creation of the International Criminal Court (ICC). As the work of the ICTY and the ICTR is about to end, it is more important than ever that the Council fulfils its responsibilities in putting an end to impunity and assuring justice and accountability. In this regard, political support to the ICC is essential in order to make sure it can deliver on the expectations of the numerous victims of war crimes, crimes against humanity and genocide, for whom this body may be the only recourse to justice.