Residual Mechanism Making Progress in Remaining Cases of Closed Criminal Tribunals for Rwanda, Former Yugoslavia, Speakers Tell General Assembly
Continued Member State Support Crucial to ‘Fight the Good Fight’, President Says
The International Residual Mechanism for Criminal Tribunals is crucial to continue the vital legal work of bringing to justice the perpetrators of atrocities committed in Rwanda and the former Yugoslavia, the General Assembly heard today, as speakers noted progress in the Mechanism’s second year of functioning.
President Carmel Agius presented the accomplishments and challenges of the past year for the residual court — established in 2010 to perform the remaining functions of the International Criminal Tribunals for Rwanda and the Former Yugoslavia following the completion of those courts' respective mandates. He urged all Governments to continue to support the Mechanism “so that we may together continue to ‘fight the good fight’ and to uphold the values that led to the establishment of the United Nations 74 years ago tomorrow.”
Taking over the presidency halfway through the year, Mr. Agius said he was able to lead the Mechanism to important successes. Since publishing its seventh annual report — which outlines the Mechanism’s activities from 1 July 2018 to 30 June 2019 — two major developments have occurred in the case of Prosecutor v. Augustin Ngirabatware. In addition, in the case of Prosecutor v. Radovan Karadžić, the Appeals Chamber delivered its judgment on 20 March 2019, signifying another important step towards the fulfilment of the Mechanism’s mandate.
Mr. Agius said the Mechanism’s push for efficiency has continued unabated. By the end of the year, the transition to the Unified Judicial Database is expected to be finalized, and the full record of judicial filings will be available through one database. A specialized Judicial Records and Court Operations Unit has been established. Anticipating an extremely busy upcoming year, the Mechanism will require the necessary resources to achieve its goal of issuing at least two major judgments in 2020, he added.
The Mechanism also continues to need Member States’ cooperation to track and arrest the remaining fugitives indicted by the Rwanda Tribunal, he said. A fugitive has been located in South Africa, but that Government’s authorities have yet to execute the Mechanism’s arrest warrant. “I urge every Member State to adhere to its international legal obligations and provide full cooperation to the Prosecutor in this regard,” he said.
When Member States took the floor, the observer for the European Union agreed and emphasized that all Member States are legally obliged to cooperate with the Office of the Prosecutor in its efforts to locate and apprehend remaining fugitives. He welcomed the priorities established by President Agius in January, and the progress made in the Mladić appeal and the Stanišić & Simatović retrial proceedings, while voicing concern about budgetary constraints in 2020 as the Mechanism works to conclude both cases.
The representative of Australia, also speaking on behalf of Canada and New Zealand, commended the Mechanism’s commitment to concluding its remaining judicial work and fulfilling its mandate as efficiently and effectively as possible, while ensuring that fundamental procedural safeguards are met.
The representative of Rwanda said his Government continues to cooperate with the Mechanism and will continue to rely on the courts to help fight impunity and step up efforts to capture the remaining fugitives indicted by the Rwanda Tribunal.
The representative of Serbia said that her country has demonstrated a strong commitment to fulfilling its international obligations by continuing to give the Mechanism free access to all evidence, documents, archives and witnesses. The country’s judicial system has dramatically improved since the wars in the former Yugoslavia, and the Government hopes that its cooperation with Croatia will improve to reach the high levels it maintains with Bosnia and Herzegovina.
The representative of the United States said that the Mechanism has proven effective in holding people to account for the horrendous atrocities committed in Rwanda and the former Yugoslavia. The Appeals Chamber’s March 2019 decision imposing a life sentence on Radovan Karadžić demonstrated a firm commitment to justice. However, South Africa’s failure to cooperate with the Mechanism is disappointing, especially as that country is President of the Security Council this month.
In other matters, General Assembly Vice-President Martín García Moritán (Argentina) noted that Hitoshi Kozaki of Japan resigned from the United Nations Staff Pension Committee with effect from 15 October 2019, and the Assembly will therefore be required at its current session to appoint a person to fill the remainder of Mr. Kozaki’s term of office, which expires on 31 December 2010.
The Assembly decided to waive the relevant provision of rule 40 of the Provisional Rules of Procedure, and to include — under its current session’s agenda item 115 — an additional sub-item titled “Appointment of members and alternate members of the United Nations Staff Pension Committee,” under Heading I (Organizational, administrative and other matters). The Assembly also agreed to allocate this item to its Fifth Committee (Administrative and Budgetary).
The General Assembly will reconvene at 10 a.m. on Wednesday, 30 October, to discuss the reports on the International Court of Justice.
Opening Remarks
CARMEL AGIUS, President of the International Residual Mechanism for Criminal Tribunals, said that the International Criminal Tribunals for Rwanda and for the Former Yugoslavia, respectively, played a ground-breaking role in the global fight against impunity. They were born of a shared commitment to peace, justice and the rule of law. The Mechanism was equally born of this commitment, and of recognition of a fundamental need to close the impunity gap by concluding the work of the two preceding, ad hoc Tribunals. With the support of the Member States of the United Nations, these three pioneering institutions have succeeded beyond all expectations.
The Mechanism has made progress in the last year in relation to its mandated functions, he said. The Mechanism’s seventh annual report — which outlines its activities from 1 July 2018 to 30 June 2019 — is contained in a Secretary-General note (document A/74/267). Since the report’s publication, two major developments have occurred. In the case of Prosecutor v. Augustin Ngirabatware, the Appeals Chamber rendered its landmark Review Judgment on 27 September 2019, finding that Mr. Ngirabatware had not proven that witnesses had truthfully recanted their trial testimonies and consequently deciding that the appeal judgment remains in force. While this was the first review hearing before the Mechanism, it was not the first request for review of an appeal judgment, and it will not be the last. For this reason, the Mechanism will have to be adequately resourced to adjudicate such requests as they arise.
An additional indictment was confirmed against Ngirabatware, and the Prosecution indicated that it would request the joinder of this new case with the ongoing contempt proceedings against Maximilien Turinabo and others, he said. The Turinabo et al. case is in a pretrial phase, and it is envisaged that the hearings will commence in the first half of next year, and that the trial will conclude before the end of 2020. In the case of Prosecutor v. Radovan Karadžić, the Appeals Chamber delivered its judgment on 20 March 2019, signifying another important step towards the fulfilment of the Mechanism’s mandate. The retrial of Prosecutor v. Stanišić & Simatović is expected to conclude by the end of 2020. In the Prosecutor v. Ratko Mladić, the appeal judgment is still on track to be delivered by the end of 2020.
He also said that, since the submission of his report, the Mechanism has transferred another two convicted persons to Member States to serve their sentences. The Mechanism continues to need Member States’ cooperation to track and arrest the remaining fugitives indicted by the Rwanda Tribunal. A fugitive has been located in South Africa, but that Government’s authorities have yet to execute the Mechanism’s arrest warrant. “I urge every Member State to adhere to its international legal obligations and provide full cooperation to the Prosecutor in this regard,” he said.
He also called upon Member States to resolve the “untenable situation” of the nine individuals in Arusha who were either acquitted or who have already served their sentences but who are unable or afraid to return to their country of citizenship. The rights of these persons are gravely affected by the status quo, and it is vital that these individuals be appropriately relocated and able to rebuild their lives. By the end of the year, he continued, the transition to the Unified Judicial Database is expected to be finalized, and the full record of judicial filings will be available through one database. A specialized Judicial Records and Court Operations Unit has been established, he added. The Mechanism’s push for efficiency will continue unabated. Anticipating an extremely busy upcoming year, it will require the necessary resources to achieve its goal of issuing at least two major judgments in 2020.
There is room for improvement, “but to interrupt the journey of international criminal justice at this stage would be a betrayal to the victims, an encouragement of the perpetrators, and a turning back from the international community’s stated commitments to the rule of law and accountability,” he said. He urged all Governments to continue to support the Mechanism, as well as other international courts and Tribunals, “so that we may together continue to ‘fight the good fight’ and uphold the values that led to the establishment of the United Nations 74 years ago tomorrow.”
Statements
CARY SCOTT‑KEMMIS (Australia), also speaking on behalf of Canada and New Zealand, said that part of the Tribunals’ legacy is their critical impact on the development of international criminal law, having paved the way for the current international criminal-justice architecture. “We are active supporters of the international criminal-justice mechanisms, and believe that the Mechanism, and other international courts, are cornerstones of the rules-based international order,” he added. As the work of the Tribunals and the Mechanism illustrate, the closing stages of a case are as important as the opening stages in ensuring justice is done.
He commended the Mechanism’s commitment to concluding its remaining judicial work and fulfilling its mandate as efficiently and effectively as possible, while ensuring that fundamental procedural safeguards are met. He also welcomed the proactive steps being taken on gender issues within the Mechanism, including efforts to combat sexual harassment and discrimination. As the Mechanism depends on their support and cooperation, Member States must enhance their support and cooperation on which the Mechanism depends to secure the arrest and surrender of the eight fugitives, indicted by the Rwanda Tribunal, who remain at large. He also noted the almost tenfold increase in documents provided to national jurisdictions in the past year, emphasizing that additional staff and resources are needed to assist requests.
ERIC CHABOUREAU, European Union, welcomed the amendments to the Rules of Procedure and Evidence, and the adoption of the Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Mechanisms or Otherwise Detained, as well as the issuance by the Registrar of detention-related regulations. The European Union welcomes the priorities established by President Agius in January, the delivery of the appeal judgment in the Karadžić case, and the progress made in the Mladić appeal and the Stanišić & Simatović retrial proceedings. “We follow developments in the Arusha Branch with interest, in particular the ongoing contempt proceedings in Turinabo et al., and welcome the recent decision of the Appeals Chamber in the Ngirabatware review proceedings,” he said.
Noting that eight fugitives indicted by the Rwanda Tribunal remain at large, he emphasized that all Member States are legally obliged to cooperate with the Office of the Prosecutor in its efforts to locate and apprehend remaining fugitives. He welcomed the creation of a joint task force to coordinate further investigative activities by the Office of the Prosecutor and the Zimbabwean authorities. He encouraged further strengthening of partnerships through the development of an East African Network of Fugitive Active Search Teams and discussions with participants in the European Task Force and the European Network of Fugitive Active Search Teams. He commended the work of the Prosecutor in efficiently answering requests submitted by authorities in Rwanda and States from the former Yugoslavia. Expressing concern about budgetary constraints, he noted that 2020 will be a significant year for the Mechanism with the conclusion of the Mladić case and the trial judgment in the Stanišić and Simatović case.
ROBERT KAYINAMURA (Rwanda) said that the delivery of justice in Rwanda has been central to bringing communities back together to rebuild the social fabric destroyed in 1994. The Government continues to cooperate with the Mechanism and will continue to rely on the Courts to help fight impunity and step up efforts to capture fugitives. Any person or groups of persons propagating hate speech and denying genocide in Rwanda must be sanctioned and held accountable. Genocide deniers remind the international community of the need to stay vigilant. He urged the United Nations and Member States to provide support to the Mechanism so that it could conduct its work.
While noting developments in locating, arresting and prosecuting the eight remaining fugitives, he urged all Member States to demonstrate commitment to international law by either prosecuting the individuals indicted or transferring them to Rwanda. It is regrettable that some Member States find it difficult to cooperate with the Office of the Prosecutor to bring perpetrators to justice. He underscored the benefits of conditional releases based on stringent requirements and stressed the need to hand over Rwanda’s archival documents to its Government.
SANDRA PEJIC (Serbia) said that her country demonstrated a strong commitment to fulfilling its international obligations. “Serbia has enabled the Mechanism free access to all evidence, documents, archives and witnesses. We have responded positively to all requests by the Mechanism,” she said. None of them were denied, and the Government is currently working on responding to the latest requests. Numerous high-ranking people have been transferred to the Tribunal for the Former Yugoslavia, including the President of the Federal Republic of Yugoslavia and President of Serbia. Serbia has dramatically improved and changed its judicial system since the wars in the former Yugoslavia. At the national level, Serbia adopted the Prosecutorial Strategy for the Investigation and Prosecution of War Crimes for 2018-2023. The Government has provided the resources needed to improve the capacities of the Office of the War Crimes Prosecutor. It invited the Mechanism’s Prosecutors to participate as instructors in a 5-day training course in April in Belgrade on criminal prosecution of sexual violence in conflict as an international crime. Serbia hopes that its cooperation with Croatia will improve to reach the high levels it maintains with Bosnia and Herzegovina. The recent meetings at the ministerial level and the work of the bilateral Joint Commission are important steps forward.
JOHN GIORDANO (United States) said that the Mechanism has proven effective in holding people to account for the horrendous atrocities committed in Rwanda and the former Yugoslavia. The Appeals Chamber’s March 2019 decision imposing a life sentence on Radovan Karadžić demonstrated a firm commitment to justice. In addition, the Mechanism’s search for eight fugitives involved in the Rwanda genocide is commendable. The United States urges all countries to cooperate with the Mechanism. South Africa’s failure to cooperate with the Mechanism is disappointing, he said, especially as South Africa is President of the Security Council this month. He added that the Mechanism President’s outreach is significant, as memorializing atrocities is vital to ensuring that new ones do not happen. The United States will never forget the victims of the Rwandan genocide and the former Yugoslavia, and will support the Mechanism’s attempts to bring its perpetrators to justice.