GA/8988

GENERAL ASSEMBLY HEARS CALLS FOR ADEQUATE FUNDING OF INTERNATIONAL CRIMINAL TRIBUNAL FOR FORMER YUGOSLAVIA

7 November 1995


Press Release
GA/8988


GENERAL ASSEMBLY HEARS CALLS FOR ADEQUATE FUNDING OF INTERNATIONAL CRIMINAL TRIBUNAL FOR FORMER YUGOSLAVIA

19951107

Adopts Texts in Support of Universal Congress On Panama Canal, Building Better World Through Sport and Olympic Ideal

Appealing to the General Assembly for resources, the President of the International Criminal Tribunal for the Former Yugoslavia, Antonio Cassese, told the Assembly, "When mass graves are suddenly available for inspection, we should not be agonizing over whether the funding is available for travel".

In addition to considering the report of the International Tribunal, the Assembly this morning adopted a resolution supporting the convening of a universal congress on the Panama Canal as well as a text on sport and the Olympic Ideal.

In debate on the report of the Tribunal, several countries shared President Cassese's financial concerns, with the representative of the United States encouraging other Member States to join it in pledging sufficient funds to enable the Tribunal to meet its responsibilities. The representative of the Netherlands, which hosts the Tribunal, stressed the need for cooperation by all States in supplying all available information, and in the extradition of indicted suspects.

In discussing the future of the Tribunal should peace negotiations concerning the region of the former Yugoslavia prove successful, President Cassese said the Tribunal's importance would be even greater. "If, at the end of a war, torturers and their victims are treated alike, the war's legacy of hatred, resentment and acrimony will not have been snuffed out; rather, it will continue to smoulder", he said.

"The issue here is not revenge", said the representative of Bosnia and Herzegovina, "the issue here is justice". Legal proceedings against "small fish" should not hide the most important instigators, planners, organizers and executors of the terrible crimes of genocide, war crimes and crimes against humanity committed in Bosnia. He stressed that Radovan Karadzic, Ratko Mladic

General Assembly Plenary - 1a - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

and all others who must answer for the terrible human tragedy inflicted to millions of people in Bosnia and Herzegovina and in other parts of the former Yugoslavia must be brought before the International Tribunal.

The representative of Iran cited reports of renewed Serbian atrocities against Muslims in Srebrenica, Zepa and Banja Luka, and urged the Tribunal to take vigorous action. The Tribunal's proper functioning could heal the wounds inflicted by the war crimes in the Balkans, he said, adding that it was important that all States pledge not to harbour war criminals.

Statements on the report of the International Tribunal were also made by the representatives of Italy, Malaysia and Turkey.

Under the resolution on the Panama Canal, which was adopted without a vote, the Assembly supported the initiative of the Government of Panama in convening a universal congress in September 1997 to examine the role which the Panama Canal should play in the twenty-first century. Relevant bodies of the United Nations system were urged to study the possibility of helping to organize the congress from within existing resources. Member States were urged to assist generously in the undertaking.

Statements on that text were made by the representatives of Bolivia (on behalf of Latin American and Caribbean States), United States, France and Panama.

Also acting without a vote, the Assembly adopted a resolution calling upon Member States to reaffirm the observance of an Olympic truce during the 1996 Games of the XXVI Olympiad, to be held in Atlanta, United States. States were called upon to observe an Olympic truce in advance of the Summer and Winter Games. The Secretary-General was requested to continue to cooperate with the International Olympic Committee in joint endeavours for the promotion of peace, equality among nations and the harmonious development of humankind.

The representative of Hungary called on those present to remember the applause in the Stadium in Sarajevo, host city of the 1984 Winter Olympic Games. Only a few years later, he said, the same Stadium became a concentration camp, a cemetery of the victims of a cruel war. The Members of the United Nations should and could act together to prevent such tragedies in the future, he stressed.

Statements on sport and the Olympic Ideal were also made by the representatives of Saint Lucia, Namibia, Bangladesh, Suriname, Kuwait, Nigeria, Ukraine and Qatar.

The General Assembly will meet again at 10 a.m. tomorrow, 8 November, to elect five non-permanent members to the Security Council.

Assembly Work Programme

The General Assembly met this morning to continue its consideration of sport and the Olympic Ideal, including a draft resolution on that subject; begin consideration of the report of the International Criminal Tribunal for the Former Yugoslavia; and to take up a draft resolution on a universal congress on the Panama Canal. (For background on sport and the Olympic Ideal, see Press Release GA/8986 of 6 November.)

The second annual report of the International Tribunal (document A/50/365) indicates that the Tribunal broke new ground this year by prosecuting those who ordered or failed to punish egregious crimes being committed. It also found a solution to problems created by its decision not to allow trials in absentia by creating a special procedure -- "rule 61 proceedings" -- which would allow the full Trial Chamber to confirm an indictment against accused persons that have not been placed under arrest.

The report states that the Tribunal's strategy of prosecuting political and military leaders such as Radovan Karadzic and Ratko Mladic, respectively the President and the Commander of the army of the Bosnian Serb administration; and Milan Martic, President of the Croatian Serb administration, had given the Tribunal the credibility essential to its appointed task. Had it moved against only the immediate perpetrators of crimes under international humanitarian law, it might have failed in the mission assigned to it by the Security Council.

Under rule 61 proceedings, the Tribunal's full Trial Chamber may confirm an indictment even when it has not been possible to arrest the accused person. If the Trial Chamber is satisfied that there are reasonable grounds for believing that an accused person has committed crimes charged in an indictment, it makes a public announcement to that effect.

Proceedings under rule 61 do not abrogate the accused's right, under the Statute, to be present at his trial, since the proceedings are not a trial, nor do they result in a judgement. If the accused were ever to surrender to custody, a trial would take place in his presence, and he would be presumed innocent notwithstanding the rule 61 finding.

Rule 61 does, however, prevent the accused from obstructing or nullifying international criminal justice simply by absconding or refusing to stand trial. An adverse finding arising from a rule 61 proceeding would trigger the issue of an international arrest warrant by the Trial Chamber. That warrant would be transmitted to all States and might result in the accused's arrest abroad.

According to the report, the public hearing under rule 61 might persuade the relevant authorities to deliver accused persons to the Tribunal. Where

General Assembly Plenary - 3 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

the accused is a leadership figure, the international arrest warrant would mean that he could not leave his seat of power without risking arrest, rendering it difficult for him to perform as an effective leader. Finally, rule 61 affords a formal means of redress for victims of alleged crimes by giving them an opportunity to testify in public.

The report states that the Tribunal, to which only one accused person has thus far been surrendered, faces unique problems. In addition to its financial problems, the Tribunal faces three dilemmas which greatly limit its effectiveness. First, the Tribunal depends on the cooperation of States because it has no enforcement agencies. Only States can execute warrants, arrange for investigators to interview witnesses and to collect other evidence, and enforce sentences on convicted persons. As long as States fail to fully cooperate, the work of the Tribunal would be hampered.

Some States, notably the Federal Republic of Yugoslavia (Serbia and Montenegro) and de facto authorities in the self-styled Republics of Krajina and Srpska, had withheld cooperation. A number of other States, notably neighbouring States of the former Yugoslavia, had failed to pass legislation which would enable them to assist the Tribunal.

A second set of problems arises from difficulties inherent in any international criminal jurisdiction, the report continues. Unlike national courts, the Tribunal does not enjoy the support of centralized prosecuting services or ministries of justice. Police forces cannot be dispatched to the scene of a crime to secure evidence. The Tribunal's Office of the Prosecutor comprises only 80 staff -- roughly the number of investigators used for 10 murders at the national level. A further complicating factor is that, whereas national crimes typically involve one accused and one victim, crimes against humanity and genocide typically involve many perpetrators committing offenses against a great many victims.

The third major problem facing the Tribunal is its establishment in the midst of an armed conflict in which bloodshed and terrorist attacks against civilians were daily occurrences, the report states. Customarily, the prosecution of war crimes takes place "after the event", as in the Nuremberg and Tokyo Tribunals, when Germany and Japan were occupied and many of their leaders were under arrest. The Tribunal has been called upon to dispense justice while warfare was still under way. High-ranking perpetrators are still able to take shelter from prosecution under the protective umbrella of military or political power. The Tribunal expects no cooperation from those authorities and does not anticipate that they would surrender themselves to it.

As a result of that situation, the report states, investigators were being prevented from collecting evidence or interviewing witnesses; witnesses feared reprisals; cooperating States could not execute warrants; and

General Assembly Plenary - 4 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

law-abiding citizens had been rendered partisan by the conflict, hailing war criminals as heroes and viewing cooperation with the Tribunal as treacherous.

The Tribunal has been criticized because all of its indictments thus far have been directed against Serbs, according to the report. That criticism has been "grist to the mill" of ethno-nationalists. The Tribunal does not prosecute members of "ethnic groups", but individuals accused of grave crimes.

The Tribunal has an historic role to play in setting precedents for future international criminal organs, notably a permanent criminal court -- "the missing link of international law", according to the report. It may well prove to be a major stepping-stone to the court's establishment, since it has developed pioneering rules and regulations for all stages of proceedings.

In the past 12 months, eight indictments against 46 individuals were confirmed and arrest warrants issued against those accused. The Tribunal also held three hearings regarding deferral to the Tribunal's competence of proceedings or investigations pending in national jurisdictions. In addition, preliminary motions in the Tribunal's first trial were heard.

The defendant in the Tribunal's first trial, Duško Tadic, was one of 21 persons indicted on 13 February 1995. Tadic had earlier been subject to proceedings initiated by judicial authorities in Germany. He is charged with crimes arising out of six separate incidents which are alleged to have occurred at the Omarska prison camp in the Opstina of Prijedor, between June and August 1992, an incident arising out of the surrender of the Kozarac area in May 1992, and there is a further set of charges in connection with events in the villages of Jaskici and Sivci in June 1992. The charges include allegations of grave breaches of the Geneva Conventions (article 2 of the statute), violations of the laws or customs of war (article 3) and crimes against humanity (article 5). The indictment against Tadic also includes an allegation of rape as a crime against humanity, the first time such a charge has been brought.

Regarding regulatory activity, the report states that Tribunal rules have been amended to reflect a variety of concerns, including a broadening of the rights of the accused and the strengthening of the rights of victims and witnesses, particularly victims of alleged sexual offenses. The powers of the Prosecutor have also been clarified.

The report further states that, in the last year, the Office of the Prosecutor evolved from a theoretical concept to an operational reality. That Office comprised staff from more than 30 nations. A critical limitation of the Tribunal was its small capacity to hear trials. Two Trial Chambers and an Appeals Chamber shared a single courtroom. Consequently, only the most

General Assembly Plenary - 5 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

appropriate cases were referred for trial. That had been one of the key considerations behind the decision to give priority to the investigation of the most serious violations of international humanitarian law and to those who may be ultimately responsible for them.

Regarding administrative issues of the Tribunal, the report recalls that the General Assembly, by its resolution 48/251 of 14 April 1994, authorized the Secretary-General to enter into further commitments not exceeding $11 million to enable the Tribunal to become operational as soon as possible. By the end of 1994, more than 100 personnel had been recruited, in addition to about 30 experts-on-mission loaned by various governments to the Office of the Prosecutor. As of the end of June 1995, 174 personnel had been offered appointments with the Tribunal, in addition to about 35 experts-on-mission and 15 legal assistants provided from extrabudgetary resources.

Revised financial requirements were submitted by the Secretary-General in December 1994 in the amount of $39.1 million for the biennium 1994-1995, including proposals for a total of 260 posts and related requirements.

The report goes on to describe various actions of States in support of the Tribunal, including the enactment of national implementing legislation, the enforcement of sentences and voluntary contributions. It also outlines contributions by non-governmental organizations.

Finally, the report describes the image of the Tribunal in the world news media. It states that over the past year, both the visibility and credibility of the Tribunal have been significantly enhanced. Two major events in April 1995 -- the announcement of investigations of Bosnian and Croat Serb leaders and the initial appearance of Dusko Tadic at The Hague -- had projected the image of "a court in action".

Also before the Assembly is a draft resolution supporting plans of the Government of Panama to convene a universal congress on the Panama Canal in September 1997 to examine the role which the Panama Canal should play in the twenty-first century (A/50/L.13).

The draft would have the Assembly emphasize that the congress has among its priority aims the promotion of international cooperation, with a view to achieving an orderly, sustainable development of the uses and resources of the Atlantic and Pacific Oceans.

It would express the hope that the results of the undertaking would contribute to the growth of world trade and to sustained economic growth and sustainable development throughout the world.

General Assembly Plenary - 6 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

The Assembly would also urge relevant bodies of the United Nations system to study the possibility of providing assistance for organizing the universal congress from within existing resources and would request Member States to assist generously in the undertaking.

The draft resolution is sponsored by France, Panama and the United States.

Report of International Criminal Tribunal Introduced

ANTONIO CASSESE, President of the International Criminal Tribunal for the Former Yugoslavia, said that since he last addressed the General Assembly in November 1994 there had been many positive developments in the Tribunal's work, but it also continued to face major obstacles which could only be overcome if the international community provided assistance.

The Tribunal now was at last in a position to prosecute those responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, he said. He reviewed the Tribunal's major achievements to date. First, its Prosecutor had issued nine indictments charging 43 individuals with serious violations of international humanitarian law. Arrest warrants had been issued against all the accused, who included political and military leaders. Other investigations were under way, and more indictments were being issued almost every month. The first trial of an accused was set to start in a few months.

He went on to say that in pre-trial hearings, significant legal issues had been raised, such as the international legitimacy of the Tribunal's establishment by the Security Council and its power to prosecute certain crimes, along with issues related to the protection of witnesses. The relevant Trial Chamber and Appeals Chamber had thus had the opportunity to pronounce upon these important matters, thereby breaking new ground in international law.

Referring to the obstacles the Tribunal was facing, he said it was like a giant who had no arms and no legs. Unlike domestic criminal courts, it had no enforcement agencies at its disposal. Without the intervention of national authorities, it could not execute arrest warrants, nor seize evidentiary material, nor compel witnesses to give testimony, nor search the scenes where crimes allegedly had been committed.

The adoption by States of all legislative, administrative and judicial measures necessary for the expeditious execution of the Tribunal's decisions was of crucial importance, he said. But unfortunately, at present only 15 of the 185 Member States had enacted implementing legislation. That lack of cooperation was particularly paralyzing when it came to the execution of arrest warrants. So far, two of the entities of the former Yugoslavia -- the

General Assembly Plenary - 7 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

Federal Republic of Yugoslavia (Serbia and Montenegro) and the Bosnian Serb Administration in Pale, had refused to cooperate. "This total lack of cooperation has greatly hampered the work of our Tribunal: 41 of the first 43 accused are in their territory, but they have failed to apprehend these suspects and surrender them to our Tribunal. Without suspects physically in our presence, we cannot proceed to trial."

Another obstacle, he said, was that the Tribunal was trying cases while an armed conflict was still under way. That was in stark contrast to what had occurred at Nuremberg and Tokyo. It complicated the work of the Tribunal in several ways. For example, it made it difficult for prosecution and defense investigators to collect evidence or interview witnesses. In the absence of a protective state apparatus, witnesses might fear immediate reprisals against themselves or their relatives and therefore be reluctant to testify. And while armed conflict was ongoing, war criminals might be hailed as heroes; cooperation with the Tribunal might be viewed as traitorous.

Another obstacle was the Tribunal's difficulty in obtaining the financial and practical resources necessary to do its work, he continued. Its 1994-1995 biennial budget was approved only in July 1995. Two months later, the United Nations financial crisis had created new problems. "We are undertaking activities that have never before been carried out by the United Nations. We urgently need to recruit a full complement of staff, we need to provide them with adequate tools to work, and we need to have adequate funds available to cover the initial expenses of setting up the Tribunal's working environment. . . . When mass graves are suddenly available for inspection, we should not be agonizing over whether the funding is available for travel."

One step in the right direction, he said, was the Secretary-General's recent decision to give to all relevant departments the direct responsibility for implementing the cost-saving measures that were put into effect. At least now the responsibility to set priorities and spending goals was in the Tribunal's own hands. But that was not enough. He urged the Assembly to provide the badly needed resources.

Addressing the question of whether the Tribunal would become useless if peace negotiations concerning the region of the former Yugoslavia were successful, he replied: "No. If anything, the importance of the Tribunal will be even greater. For there to be a lasting peace it must be accompanied by a sense of justice in the minds of all the citizens and, in particular, of the victims of atrocities. If, at the end of a war, torturers and their victims are treated alike, the war's legacy of hatred, resentment and acrimony will not have been snuffed out; rather, it will continue to smoulder. The existence of peace in such a climate would be precarious indeed. If, however, the Tribunal, as an impartial body, continues in its work of bringing to

General Assembly Plenary - 8 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

justice at least some of the most egregious offenders, those who have suffered through four years of hellish war will be better able to find the forgiveness required for peace to last".

Other Statements

N.H. BIEGMAN (Netherlands) said his country supported the Security Council decision to establish the ad hoc Tribunal. The Foreign Affairs Minister of the Netherlands had said it was "of the utmost importance that the terrible crimes committed in the former Yugoslavia not only be condemned by the international community, but also that those responsible for those crimes, and the actual perpetrators, be prosecuted". This was a matter of justice, as well as deterrence: impunity encouraged future crimes against humanity.

He said the decision of the Security Council to establish the International Tribunal complemented the existing judicial system. "For the first time since Nuremberg and Tokyo, the international community holds individuals responsible for their actions during wartime and in situations of wars. In the miserable history of former Yugoslavia, this is one of the very positive outcomes so far."

He said it would be a setback if the process of the Tribunal's work were slowed down, and it would be immensely sad if, for political or financial reasons, it were not to fulfil its task of applying humanitarian law. For the Tribunal to succeed, it required the cooperation of all States in supplying all available information, and in the extradition of indicted suspects.

He said the Tribunal had made a good start in beginning its first proceedings against Mr. Tadic. The Prosecutor was preparing indictments against other suspects. Formal investigations against Mr. Karadzic and Mr. Mladic had started.

DJORDJE KOCETKOV (Bosnia and Herzegovina) said those responsible must be held accountable for their crimes and they must stop pogroms, rapes, massacres, forced movements of civilian populations and the extinction of whole peoples. The function of the Tribunal did not end with giving satisfaction to the victims of crimes; it also served to prevent future crimes. Over 200,000 people had been killed in Bosnia and Herzegovina alone, most of them innocent civilians -- women and children, predominantly Bosniak- Muslims. Almost two million people, nearly half of the population of Bosnia, had been driven from their homes. Thousands of women had been systematically raped for most monstrous motives. The aggressor and terrorist gangs supporting it had systematically destroyed an entire historical and civilizational heritage which was not Serbian.

"The issue here is not revenge. The issue here is justice", he said, -- "justice for all crimes committed, for the unprecedented suffering of hundreds

General Assembly Plenary - 9 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

of thousands of people, for the murdered and maimed children, for the thousands of raped women, for the destroyed cities and villages, for the separated families, for the daily torture of people in besieged cities who had suffered for more than three years under shells and deprived of basic goods and services. The suffering of those people must not be forgotten, for the sake of our children, for the sake of the future generations who should live in peace and freedom, and enjoy the basic human rights and freedoms that the United Nations solemnly committed themselves to."

Member States must ensure full support for the work of the Tribunal, he went on. That included financial, technical and procedural support, including an increase in the number of judges. All criminals against whom there was evidence must be indicted as soon as possible. In particular, legal proceedings against "small fish" should not hide the most important instigators, planners, organizers and executors of the terrible crimes of genocide, war crimes and crimes against humanity. "In this respect, we insist that Radovan Karadzic, Ratko Mladic and all others who must answer for the terrible human tragedy inflicted to millions of people in Bosnia and Herzegovina and in other parts of the former Yugoslavia must be brought before the International Tribunal," he said.

FRANCESCO PAOLO FULCI (Italy) said a number of important results had been accomplished by the Tribunal. It was fully operational. Indictments had been handed down and confirmed by reviewing judges. Arrest warrants had been issued. Those against political or military leaders had resulted in their exclusion from the negotiating table. Italy advocated the establishment of a permanent court and saw the Criminal Tribunal as a milestone on the road to a permanent international criminal court.

He said that to meet the expectations of the world community, the full cooperation of States was now crucial. States must adopt national legislation to implement the statute of the Tribunal. Adequate financial support was imperative. The current peace negotiations on the former Yugoslavia would strengthen the Tribunal's role. A peace settlement should make it incumbent on the parties to cooperate fully with the Tribunal. "Peace and justice must go hand in hand."

MEHDI DANESH-YAZDI (Iran) said peace could not be restored to Bosnia and Herzegovina unless those criminals who had organized and perpetrated the most horrible atrocities were brought to justice. The conscience of the entire world had been wounded by the practice of ethnic cleansing and the treatment of Bosnian Muslims by the Serbs. The removal of obstacles that had impeded the functioning of the International Tribunal at the initial stage made it necessary for the legal body to intensify its endeavours.

He said Serbian atrocities against the Muslim people of Bosnia and Herzegovina had not ceased: Recent reports revealed ethnic cleansing,

General Assembly Plenary - 10 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

massacres and massive torture in such places as Srebrenica, Zepa and Banja Luka. Iran urged the Tribunal to take the most vigorous action. Justice required that peace negotiations with the individuals who had been indicted by the Tribunal should be avoided under any circumstances. The Tribunal's proper functioning could heal the wounds inflicted by the war crimes in the Balkans. An important indicator of cooperation with the Tribunal could be a pledge by all States not to embark on harbouring war criminals. Iran stood ready to cooperate fully with the work of the Tribunal.

EDWARD W. GNEHM, JR. (United States) said the level of financial and political support the Tribunal received from the General Assembly members would play a major role in determining whether the tribunals concerned with the former Yugoslavia and Rwanda achieved their full potential. The success of the International Criminal Tribunal for the Former Yugoslavia was a matter of concern at the highest levels of the United States Government. "The American people want to see those responsible for genocide, war crimes and crimes against humanity brought to justice", he said. He quoted a recent statement by President Clinton in which he said that, with the support of the Security Council, a permanent international court should be established to prosecute serious violations of international humanitarian law.

The United States Government, Mr. Gnehm continued, "has recently been in contact with President Milosevic of Serbia-Montenegro and it elicited from him a firm commitment to cooperate with the work of the Tribunal whether or not armed conflict continues. We expect these encouraging words to be matched by deeds. Similar assurances have not been forthcoming from the Bosnian Serb administration in Pale. Member States should demand of Pale what the Statute of the Tribunal demands: full cooperation."

On the matter of finances, he said his delegation applauded the support provided by many governments and the European Union, along with the efforts of non-governmental organizations to support the work of the tribunals. But those efforts must be continued, sustained and enlarged. For the Tribunal for the former Yugoslavia, the United States' total commitment to date of about $13.5 million was a beginning. His government encouraged other Member States to join it in pledging sufficient funds for the Tribunal to meet its responsibilities.

Y. YOOGALINGAM (Malaysia) expressed concern over the financial difficulties confronting the Tribunal. Its important work must not grind to a halt as a result of budgetary constraints, he said. The recent drastic financial measures imposed by the Office of the Under-Secretary-General for Administration and Management on the Tribunal were disturbing. Malaysia supported the Tribunal's position that such measures would hamper its activities and urged the Under-Secretary-General to reconsider his decision.

General Assembly Plenary - 11 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

He went on to note with satisfaction that some actions had been taken to prosecute war criminals, including Dr. Karadzic and General Mladic. Member States must cooperate with the Tribunal to bring criminals to justice since the Tribunal had no enforcement agencies at its disposal. Non-governmental organizations had a role to play in assisting the Tribunal. "As the adage goes, `justice must not only be done, but seen to be done,' to atone for the thousands killed, raped, brutalized and maimed in the former Yugoslavia." The credibility and effectiveness of the Tribunal would be judged by its action, which required the support of Member States.

HUSEYIN E. CELEM (Turkey) said it had noted with grave concern that the total lack of cooperation with the Tribunal by the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Bosnian Serb Administration in Pale had been greatly hampering the Tribunal's work. Turkey called on the Federal Republic of Yugoslavia to start cooperating with the Tribunal without further delay.

The Tribunal's indictments, including of political and military leaders responsible for grave violations of international humanitarian law, were crucial steps for a successful prosecution process, he said. Turkey also attached utmost importance to Tribunal President Cassese's admonition "that peace without justice was no peace at all".

Action on Panama Canal Draft

JORGE E. ILLUECA (Panama) introduced the draft on a universal congress on the Panama Canal. If adopted, he said, that draft would make such a congress a part of the experience of the United Nations. Through the congress, Panama would seek to bring its resources in harmony with those of other countries.

Speaking on behalf of the Latin American and Caribbean States, EDGAR CAMACHO-OMISTE (Bolivia) said that for many years, countries of that region had followed with great interest the issues surrounding the Panama Canal, including the signing of the Torrijos-Carter treaties. Panama was a centre of universal significance. It was a key area in inter-oceanic communications among peoples. Panama had been the transit point for much world trade over the course of history. "How can we be indifferent to the problems, hopes and achievements of our fellow peoples, who are living in this part of the world?" he asked.

The universal congress would promote development and stability, he said. The Latin American and Caribbean countries would support the draft, which should be approved by consensus.

VICTOR MARRERO (United States) said the universal congress was of major importance, not only for Panama, but also for world commerce. The United

General Assembly Plenary - 12 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

States and Panama were working closely together to ensure the smooth transfer of the Canal to Panama on 31 December 1999. His country was confident that Panama would be ready to assume control of the Canal by the end of the century. "Even now, Panamanian employees are fulfilling the vast majority of tasks associated with the Canal's operation," he said. The congress would offer a unique opportunity for the world community to get a firsthand look at Canal operations and the seamless transfer of responsibility. He urged all countries to support the draft resolution.

JEAN-MICHEL GAUSSOT (France) said the objective of the congress would be to contribute to ensuring the effective integration of the Canal's activities into the world economy. France was happy to see that the Canal, which was so dear to it because of its national history, would be harmoniously integrated into the global economy.

FERNANDO MANFREDO (Panama) said the Canal had long played a role in global development and was part of the world shipping infrastructure. Last year, ships flying flags from 78 countries had made more than 2,000 trips in both directions across the Canal.

At the threshold of a new millennium, Panamanians would assume a new responsibility, consolidating their territory and recovering an important national resource, he said. The President of Panama had decided to convene the universal congress from 7 to 10 September 1997, and it would demonstrate that the Governments of the United States and Panama were carrying out the transition in an expeditious manner. The congress would bring together a wide variety of experts from different sectors, including the public sector and the shipping industry. "We hope they will feel that they are participants in the formation of policies and practices which are aimed at serving them better and serving the economic interests of the world." The congress would help to reach that goal. It was hoped that all participants would look towards the future together.

Acting without a vote, the Assembly adopted the resolution on the universal congress on the Panama Canal.

Action on Draft on Olympic Ideal

EDWARD INNOCENT (Saint Lucia) said, "The English claim that the Battle of Waterloo was won on the playing fields of Eton. I accept the theory that the discipline and skills required in war can best be inculcated in the attitudes acquired and encouraged on the field of sport." However, reflecting on the news of the untimely death of Prime Minister Rabin of Israel, he said, the playing fields should become polytechnics for peace, not preparatory schools for war. His country's small size and financial limitations had not

General Assembly Plenary - 13 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

stopped it from producing world class athletes. The International Olympic Committee had demonstrated its dedication to bringing diverse peoples together in friendship and good will.

BETUMBUAVI VEII, Director of Youth and Sport, Ministry of Youth and Sport of Namibia, said that despite its modest resources, his country had managed to establish basic sport facilities for its citizens. As a country that was involved in a long and bitter struggle for liberation, Namibia had many disabled people and therefore had created an organization for them. "As a matter of fact, one of our disabled athletes, Mr. Greyling, has been invited to participate in the upcoming New York Marathon."

He said that the role played by sport in helping to reconcile the Namibian people could not be overemphasized. Following its independence, Namibia had been accepted into the Olympic Movement, allowing Frankie Fredericks to win two silver medals. "His victories were indeed powerful motivating and unifying forces for our people. Each and every Namibian, regardless of his or her colour, social background or religion supported Frankie." That was another testament to the reconciliatory role which sports could play. Governments must support national Olympic committees, as they were of paramount importance to the future of sport.

SHAHJAHAN OMAR (Bangladesh) said sports were a unifying factor bringing together people from all nations, cultures and backgrounds to strive for excellence. The pursuit of that goal unleashed the potency of youth and translated it into constructive endeavours. The competition of sports was tempered by tolerance and full respect for the rights of others. The call for an "Olympic truce" in which all hostilities must cease during the games was an objective well worth supporting. His country was happy to co-sponsor the draft resolution before the Assembly, which supported increased cooperation between the International Olympic Committee and the United Nations.

IRMA E. KLEIN-LOEMBAN TOBING (Suriname) said it was only within the context of the international sports movement that the Surinamese sports movement could achieve its know-how, its strength, its inspiration and its sportspersonship. Suriname was fully aware that in moments of threats to peace and human dignity, and of their violation, it was important to strongly promote the participation of young people in particular in national and international sports movements. Since Suriname wanted to help promote peace, friendship, dignity, health, harmony, the environment, solidarity and human rights in general, it was again committing itself to continued strong support of the Olympic Movement and its ideals.

SALEH ALNAFEESI (Kuwait) welcomed the Assembly's consideration of sport and the Olympic Ideal, which represented a rejection of anything that would stand in the way of the principles of peaceful coexistence. Kuwait had suffered the loss of many of its athletes, who were still in Iraqi prisons.

General Assembly Plenary - 14 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

His country attached priority to regional and global sporting events, based on the premise that the international community should strengthen the Olympic Ideal. Kuwait's young people had participated in Olympic and sports meets even when the country had been under Iraqi operation. Their participation had been a manifestation of their call for an end to injustice and for a peaceful life.

CLARA AIVBORAYE, Assistant Director-General of the Ministry of Foreign Affairs of Nigeria, said her country welcomed the statement of the President of the IOC. Sports were an instrument of promoting understanding among peoples and a channel for strengthening harmony among sportsmen in furtherance of the principles and objectives of the United Nations. The Olympic Ideal promoted understanding among the youth of the world. That was why Nigeria provided incentives for its youth to participate in international competitions. The Olympic truce would permit wider participation in the Summer Olympic Games in Atlanta. She welcomed the Committee's joint endeavours with the United Nations system to draw attention to the relationship between sports and drugs, the environment and health.

ISTVAN NATHON (Hungary) recalled that, on 16 June 1894, when Baron Pierre de Coubertin in Paris presented the idea of renewing the ancient Olympic Games, Hungary was one of the nine countries in attendance that immediately committed themselves to the initiative. One hundred years later, Hungary again committed itself to peace, the Olympic Ideal, and the Olympic truce. It attached great importance to building a better world through sport and the Olympic Ideal.

He said successes and defeats, winners and losers, smiles and tears characterized the last 100 years all over the world -- both outside and inside the sports stadiums. He recalled the applause in the Stadium in Sarajevo at the 1984 Winter Olympic Games, adding that only a few years later, the same Stadium became a concentration camp, then a cemetery of the victims of a cruel war. The Members of the United Nations should and could act together to prevent such tragedies in the future, he said.

BORYS M. HUDYMA (Ukraine) said that the United Nations, at the end of World War Two, had issued a call in its Charter to save succeeding generations from the scourge of war, but that new hotbeds of tensions had continued to arise. From way back, one of the best means of establishing peace among hostile nations had been through sports. The Olympic truce, born in Greece centuries ago, was still relevant today. Sports were a genuine road to better understanding about oneself and the world. In recent years, major successes in international competitions had brought victories to his country. He hoped that the Olympic Ideal, peace, security and harmonious development would carry the day, and he supported the resolution.

General Assembly Plenary - 15 - Press Release GA/8988 52nd Meeting (AM) 7 November 1995

HASSAN ALI HUSSAIN AL-NI'MAH (Qatar) said the Assembly's consideration of the Olympic Ideal would inspire youth to pursue sports and promote sport in the service of global peace and stability. Given the close relationship between the aims of the United Nations and those of the International Olympic Committee, the two organizations should work closely together towards their common goals. Qatar would participate in all international efforts aimed at creating an international environment in which youth could enjoy sport and learn the Olympic spirit. It hoped to host Olympic competitions and was building youth hostels in various towns to serve the Olympic goals. The promotion of Olympic values would serve mankind in a new world where peoples had more confidence in their own identities.

The following joined in cosponsoring the text: Azerbaijan, Bahrain, Barbados, Central African Republic, Colombia, Czech Republic, Democratic People's Republic of Korea, Denmark, Honduras, Indonesia, Iraq, Iran, Ireland, Italy, Kazakstan, Kuwait, Lao People's Democratic Republic, Liechtenstein, Lithuania, Madagascar, Malawi, Morocco, Myanmar, Nepal, New Zealand, Nigeria, Norway, Oman, Pakistan, Paraguay, Qatar, Saint Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Thailand, Trinidad and Tobago, Uruguay and Zimbabwe.

The Assembly then adopted the resolution on building a better and more peaceful world through sport and the Olympic Ideal without a vote.

* *** *

For information media. Not an official record.