News

I would like to thank Judges Meron and Joensen and Prosecutors Brammertz and Jallow for their informative briefings, and to commend their and their staff’s commitment to the mission being carried out by both Tribunals and the Residual Mechanism. Two days ago ICTR marked its 20th anniversary. While it is a sad reminder of the massive human tragedy of the people of Rwanda and the failure of the international community to protect, it is also a clear manifestation of our common determination to uphold and actively pursue accountability of those responsible for the most serious crimes.

Through its jurisprudence, ICTR has contributed significantly, and still continues to do so, to the international criminal law, especially through its verdicts in relation to genocide and the on sexual crimes. Together with ICTY, they championed respect for the rule of law and contributed to the painful but necessary process of reconciliation leading to a sustainable peace. Being creations of the Security Council, they are also part of the legacy of the Security Council itself.

The reports that were presented this morning clearly indicate that both Tribunals are moving steadily towards the completion of their mandates. We welcome the steps they have taken with an aim to effectively conclude the cases still under consideration while referring the outstanding tasks to the Residual Mechanism.

In particular, ICTR has made tangible progress over the last reporting period, as it completed appellate proceedings with respect to five more individuals. Today, only  one appellate case remains before the Tribunal concludes  its judicial activities. We acknowledge the challenges that ICTY is facing in meeting the deadlines of the remaining four trial and five appellate cases, including the recently discovered mass graves. In that regard, we take note of the updated projections from both Presidents, and encourage them to continue taking all necessary measures in order to keep the delays at a minimum.

Accountability for war crimes and crimes against humanity depends on the timely completion of these remaining proceedings by the Tribunals and the Residual Mechanism as much as it does on the success of national prosecutions. In this regard, we share the concern expressed by Prosecutor Brammertz regarding the slow processing of war crimes, and in particular cases of sexual violence, by national institutions in countries that emerged out of former Yugoslavia. While recognizing that it is up to the national authorities to complete the outstanding case load, we welcome the efforts of the Office of the Prosecutor in that regard, including by transferring expertise and information with an aim of building necessary capacities.

Support and cooperation of the international community continues to be essential in achieving some of the most critical tasks of both Tribunals and the Residual Mechanism. In that regard, we note the efforts described by Prosecutor Jallow regarding the pending arrest and surrender of the remaining nine fugitives indicted by ICTR, and emphasize the need to enhance international cooperation to this effect.  We also note the slow progress reported by President Joensen with regard to the relocation of individuals who have been acquitted or those who have served their sentence imposed by ICTR. We encourage all States in a position to do so to respond positively to the Tribunals’ relocation requests, Belgium being the most recent example to follow.

We note that the Residual Mechanism, working closely with both Tribunals, has gradually assumed many of their core functions, including with regard to the enforcement of sentences, protection of victims and witnesses and the management archives. In particular, the increase in judicial proceedings of the Residual Mechanism and the manner in which it handles this workload provides us with confidence in its preparedness to continue the Tribunals functions.

We would like to highlight that smooth transition of the functions of Tribunals to the International Residual Mechanism lies also in the hands of the Security Council, as it has to decide on further extensions of mandates of their Judges and Prosecutors. In that regard, we would  like to use this opportunity and thank Chile, the Chair of the Informal Working Group on International Tribunals, for its leadership in guiding the respective consultations. We recognize that closure dates depend on the completion of ongoing proceedings while fully respecting the standards of due process and fairness.

Finally, while ICTY and ICTR have dealt with some of the most horrendous crimes in modern history, these are certainly not the only ones. Mass atrocities continue to be committed in other parts of the world with impunity. Creation of International Criminal Court as a permanent body provided a realistic prospect of ending  impunity for the most serious crimes of international concern where justice could not or would not be ensured otherwise. We therefore stress, once again, the importance that the Council fulfils its responsibilities in putting an end to impunity and assuring justice and accountability. In this regard, support to the ICC is essential in order to make sure it can deliver on the expectations of the numerous victims of those crimes, for whom this body may be the only recourse to justice.