PRESS BRIEFING BY FORMER YUGOSLAVIA TRIBUNAL PRESIDENT

Press Briefing

PRESS BRIEFING BY FORMER YUGOSLAVIA TRIBUNAL PRESIDENT

Judge Claude Jorda, President of the International Tribunal for the Former Yugoslavia, this afternoon expressed optimism about the eventual arrests of the principal individuals indicted by the Tribunal for war crimes in the Balkans.

Speaking at a Headquarters press briefing after his appearance before the Security Council, Judge Jorda said international cooperation would be needed to secure their arrest. They would have to be forcibly arrested, if they did not turn themselves in, and eventually "they would arrive at The Hague". Judge Jorda, a French national, became President of The Hague-based Tribunal last November.

He said he had discussed in the Council the work of the Tribunal, using as a basis a report on its operation that had been sent to the Secretary-General on 12 May. Members of the Council had stated their concerns regarding the functioning of the Tribunal. The report was forward-looking. The judges of the Tribunal had carried out an analysis of their work, reflecting on the judicial work accomplished.

The debate in the Council had covered proposals in a report of an expert group mandated by the Secretary-General to evaluate the effectiveness of the Tribunal's activities, he continued. The experts had recommended an improvement in the internal procedures of the Tribunal and the use of special judges to help expedite judicial proceedings.

Asked for his comments on the criticisms levelled in the Security Council against the Tribunal by the representative of the Russian Federation, he said he had replied in the Council that, to his knowledge, he did not think the impartiality of the judges could be criticized. The Russian representative had raised important questions concerning the partiality of the Tribunal, which apparently was subjected to political pressure -- pressure by the North Atlantic Treaty Organization (NATO). Referring to a decision of the Chief Prosecutor of the Tribunals, Carla Del Ponte, not to bring prosecutions for the collateral damage caused during the NATO bombings of March and April last year, the Judge said that Mrs. Del Ponte, as the independent Chief Prosecutor, was the one to draw the conclusions regarding the exercise her right to prosecute. Mrs. Del Ponte had informed him that she did not have enough evidence to do so, Judge Jorda said.

He said he had reminded the Russian representative that proof had to be provided by everyone, including the victims. There had been no cooperation from the authorities in Belgrade. The Tribunal was waiting for the evidence of the victims regarding the bombings of Kosovo, and the atrocities committed on both sides. "I'm a judge, and not a prosecutor", Judge Jorda said, adding that he thought the Russian representative understood the point. He had pointed out to him that there were 28 fugitives, of which 27 were Serbs.

A correspondent asked what the attitude of the Tribunal was to a press report concerning a possible deal to grant indicted President Slobodan Milosevic of the Federal Republic of Yugoslavia safe conduct out of the country. Judge

Judge Jorda Briefing - 2 - 20 June 2000

Jorda said he did not hear United States representative Richard Holbrooke state that his country was abandoning its role in the Tribunal. Judge Jorda said that any State that helped President Milosevic in his flight should be denounced in the Security Council.

As a creation of the Security Council, he said the Tribunal suffered the "ups and downs, and mishaps" of diplomatic policies. President Milosevic's escape would be "a severe blow" and particularly hard, as he was an accused. He was an indicted criminal "and should be at The Hague", Judge Jorda said. “He's one of the 28 indictees.”

A correspondent wondered why there had not been any indictments for the war crimes committed by Croatians that had been documented by the United Nations. Judge Jorda said the Tribunal's Chief Prosecutor was collecting information concerning those operations. On completion of her investigations, the Security Council could be informed. He said Croatia had been cooperating with the Tribunal.

Could Foday Sankoh be brought to trial before an international court in Sierra Leone? a correspondent asked. Judge Jorda said he had no competence in that matter. As a judge, he was bothered by the thought of an international tribunal being created to try an individual. It would be premature to move international tribunals to countries to hear cases, although the idea had been discussed.

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