UN: EU Statement on Reports of the ICTR and the ICTY
61st session of the General Assembly
UNITED NATIONS
Agenda items 72 and 73: Reports of the ICTR and the ICTY
Statement on behalf of the European Union
H.E. Ambassador Kirsti Lintonen
Permanent Representative of Finland to the United Nations
New York, 9 October 2006
Check against delivery
Mme. President,
I have the honour to speak on behalf of the European Union.
The Acceding Countries Bulgaria and Romania, the Candidate Countries, Croatia* and the former Yugoslav Republic of Macedonia*, the countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, and the EFTA country Iceland, member of the European Economic Area, as well as Ukraine and the Republic of Moldova align themselves with this declaration.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
Mme. President,
Let me express the European Union's continuous and strong support for both Ad Hoc Tribunals and their important work in ending impunity, hence contributing to peace, as well as, fostering reconciliation and strengthening the rule of law in their respective regions. The Tribunals have, while taking forward their mandates to bring justice and effectively prosecute perpetrators of the most severe international crimes, decisively contributed to the development of international law and legal praxis.
The Tribunals have built up an extensive jurisprudence in international criminal law, including several groundbreaking precedents. It has been established in the case law of the ICTR that acts of rape and sexual violence committed with intent to destroy a protected group as such can constitute genocide. In addition, the line between speech that incites genocide or persecution and speech that is protected by the freedom of expression has been established. The EU commends these developments. However, there is still work to be done before we can close the chapter on these pioneer Tribunals.
Mme. President,
The EU wishes to warmly thank the Presidents of the ICTY and the ICTR, Judges Pocar and Møse, for presenting their respective reports on the work of the Tribunals. The reporting period has been very productive for both Tribunals. The EU is pleased to note the Tribunals’ efforts to use their capacity to the fullest, and that the Tribunal's are making progress on their completion strategies. The EU urges them to continue to make the proceedings even more efficient and expeditious. We recognize, however, that the efforts to enhance the administration of justice should never be made at the expense of due process and rights of the accused and rights of the victims.
The decisions by the Security Council to allow the ICTY ad litem Judges to serve as Reserve Judges, together with the decision by the Council and the General Assembly to extend the term of office for the permanent judges of the ICTR were well reasoned. The European Union also supports the extension of the terms of office for all 18 ad litem judges of the ICTR until the end of 2008, as requested by the President of the Tribunal and endorsed by the Secretary-General in his recent letters to the Presidents of General Assembly and the Security Council, respectively.
Mme. President,
The tribunals cannot succeed without firm commitment of States to co-operate with the Tribunals, in accordance with their legal obligations. It is vital that this commitment strengthens and continues, as the Tribunals are approaching final stages of their work. The EU notes with satisfaction the arrest of Mr. Ante Gotovina in December last year and his transfer to The Hague, as well as the eventual transfer of Mr. Dragan Zelenovic to The Hague in June. However, the mandates of the Tribunals will not be fully implemented unless the remaining high-level fugitives, in particular, Radovan Karadžić, Ratko Mladić and Félicien Kabuga are brought before the ICTY and ICTR respectively.
The EU therefore reiterates its strong call upon all Member States, to live up to their international obligations by arresting and transferring the accused at large to The Hague and Arusha without delay. Continuing delays in transfer also put in jeopardy the timely implementation of the Completion Strategies.
The international community must not send the message that perpetrators of most serious international crimes of genocide, war crimes and crimes against humanity can go unpunished, by the lapse of time. Impunity is not an option. Full co-operation of the Western Balkan countries with the ICTY is a precondition for rapprochement with the European Union.
Mme. President,
The co-operation with the Tribunals goes beyond the transfer of the accused. The Member States are needed to relocate witnesses and sentenced persons as well as those acquitted. Situations where witnesses and acquitted persons wait in safe houses for months for their transfer is not acceptable.
More Member States are also needed to accept convicted persons to serve sentences in their prisons, as dozens of cases regarding the enforcement of judgements is still foreseen only in respect of the ICTY. The EU, therefore, strongly encourages States to conclude agreements on the relocation of witnesses and the enforcement of sentences with the Tribunals.
The European Union also strongly urges the UNMIK to fully co-operate with the Office of the Prosecutor of the ICTY. It is of utmost importance that the UN's own bodies lead the way in this respect.
Mme. President,
The EU welcomes the increasing number of case referrals involving intermediate and lower ranking accused to competent national jurisdictions by the ICTY, and expresses the hope that ICTR will be in a position to do so soon. The Tribunals should indeed, according to their mandates, concentrate in prosecuting and adjudicating senior leaders most responsible for crimes under the Tribunals' jurisdiction.
The EU agrees that the referrals are important for the successful implementation of the Completion Strategies as well as for the legacy of the Tribunals. The EU notes, however, that the trials need to be conducted in full compliance with the international standards of due process. The Tribunals will play a vital role in monitoring that this is the case and should be prepared to recall cases if it is not.
The EU is very conscious that a number of legacy issues involving the Tribunals will need to be addressed. We look forward to seeing the proposals from the Secretariat as soon as possible.
The EU welcomes the tribunals' strengthened outreach activities and their co-operation with local courts, including the provision of training to local judges. The EU encourages the Tribunals to continue their efforts in this respect. The EU takes careful note of the call by the Tribunals for more support from the Member States in building the capacity of national judicial institutions. It is money well invested for the international community, as it enables the states in question not only to adjudicate the cases, but to also carry on the legacy of the Tribunals.
I thank you.