‘Justice Will Ultimately Prevail Where There Is the Political Will to Seek It’, President of Residual Mechanism for Criminal Tribunals Tells Security Council
Despite scepticism about the efficacy of international criminal justice, the work of ad hoc tribunals truly matters and justice will ultimately prevail, the chief judge of the International Residual Mechanism for Criminal Tribunals (IRMCT) told the Security Council today.
“The uncertainties that have plagued us recently show no signs of abating, and I admit it is not always easy to remain optimistic about the state of international criminal justice,” said Carmel Agius, President of the Mechanism — the judicial body that took over the remaining work of the two dedicated tribunals for war crimes committed in Rwanda and the former Yugoslavia.
Delivering his last briefing to the 15-member organ before he steps down at the end of June, he added: “However, my experiences at the Mechanism and the ad hoc Tribunals have reinforced in me the unshakeable belief that the work of these institutions truly matters; that international justice initiatives can and do succeed, beyond all expectations; and that justice will ultimately prevail where there is the political will to seek it.”
After almost a decade of operations, IRMCT is far closer to realizing the Council’s vision of a small and temporary institution, he emphasized, noting that since taking office, he has issued 72 decisions and orders, leaving only two recently filed matters to be dealt with by his successor.
On recent developments, he said the appeal judgement in the Fatuma et al. case will be delivered on 29 June. In the other appeal case, Stanišić and Simatović, the proceedings are well on track for completion by the projected timeframe of June 2023, and another status conference will be held next week. In the Kabuga case, following the recent hearing of independent medical experts and oral submissions of the parties, the Trial Chamber on 13 june issued its decision, finding that the defence has not established that Félicien Kabuga is presently unfit for trial.
Serge Brammertz, Prosecutor of IRMCT, said that, in the last two years, his office has accounted for half of the fugitives who remained at large following the closure of the International Criminal Tribunal for Rwanda (ICTR). This includes all three of the “so-called major fugitives” — Mr. Kabuga, Augustin Bizimina and Protais Mpiranya, former commander of the Presidential Guard.
There are now only four fugitives remaining, he pointed out, “including our top priority, Fulgence Kayishema”, adding that progress is now being made on that front with South Africa, and with the full and effective cooperation of that country. Expressing confidence that Mr. Kayishema’s flight from justice will soon be brought to an end, he said the office’s goal is to account for all four outstanding fugitives by the time the Council next reviews the Mechanism’s work.
In the ensuing discussion, members broadly expressed support for IRMCT, urging it to develop a timetable to complete its residual work.
The representative of Gabon, as Chair of the Informal Working Group on International Tribunals, said it is essential for the Council to continue supporting IRMCT in fulfilling its mandate. He also underscored the importance of cooperation with national tribunals, and the need to strengthen the capacities of the national judicial systems. With many challenges remaining, “the job is far from being complete”, he stressed.
“Fighting impunity is everyone’s business,” said France’s representative, stressing the importance for IRMCT to have the financial resources necessary to fulfil its mandate. Noting the report of the Office of Internal Oversight Services (OIOS), she said IRMCT implemented two of the four recommendations, with no new recommendation made. This attested to the temporary nature of the Mechanism, she said, urging it to complete the two remaining recommendations.
The Russian Federation’s delegate said that, over the last sixth months, IRMCT has made “no progress” towards the planned conclusion of its work, questioning whether it will be able to support the process of reconciliation in the Balkans as IRMCT has continued the tradition of the one-sided and politically biased International Criminal Tribunal for the Former Yugoslavia (ICTY).
The United Kingdom’s representative said that the world is seeing appalling barbarism and heinous acts committed by the Russian Federation in Ukraine on a scale not seen in Europe since the dark days of the 1990s in Bosnia and Herzegovina. The Mechanism stands as a reminder that the Security Council can and should act to ensure accountability for atrocity crimes. Sadly, there are some who smear IRMCT and its predecessors, glorify war criminals and deny genocides that happened in Rwanda and Bosnia and Herzegovina, he warned, rejecting those “false narratives”.
Serbia’s Justice Minister, Maja Popović, rejected allegations of Belgrade’s non-cooperation in connection with the case against Petar Jojić and Vjerica Radeta, saying that her country’s conduct regarding this case does not constitute a violation of its international obligations, but, rather, an effort to comply with resolution 1966 (2010). Negotiations between Serbia and Croatia on the establishment of a framework for processing war crimes is a bilateral issue that is not within IRMCT’s exclusive jurisdiction, she stressed.
The representative of Bosnia and Herzegovina said there has been no progress in the matter of Novak Đukić and Milomir Savčić, who were standing trial in his country and fled to Serbia. Regarding cooperation with the judicial authorities of Croatia, he urged Zagreb to reverse its conclusion to not comply with the requests for mutual legal assistance in the cases of crimes against humanity.
Rwanda’s delegate said Kigali has sent out over 1,000 indictments to 34 countries, requesting cooperation in arresting and prosecuting fugitives or transferring them to his State to face justice, but only a few have complied. He went on to call on IRMCT to commence the trial of M. Kabuga without delay and expressed concern over the current resurgence in hate speech targeting the Tutsi and Rwandaphones in the Democratic Republic of the Congo. “This deteriorating environment is an early warning sign of intention to perpetrate genocide,” he stressed.
Croatia’s representative expressed hope that the Appeals Chamber will acknowledge the necessity of coherence in judgments regarding the Stanišić and Simatović case. Rejecting some Prosecutor’s negative qualifications regarding Croatia’s bilateral cooperation, he stressed that meaningful cooperation is not a one-way process. For years, Croatia has been waiting for Serbia’s response to an invitation to finalize the draft of a bilateral agreement on processing war crimes. Instead, Serbia is initiating politicized criminal proceedings against Croatian citizens that are at odds with international standards of universal jurisdiction.
Also speaking today were the representatives of India, Ghana, United States, Mexico, United Arab Emirates, China, Kenya, Norway, Ireland, Brazil and Albania.
The meeting began at 10:01 a.m. and ended at 12:22 p.m.
Briefings
CARMEL AGIUS, President of the International Residual Mechanism for Criminal Tribunals (IRMCT), noting that this is his last briefing to the Security Council before he steps down from his position this month, expressed satisfaction with the significant progress accomplished during the reporting period and throughout his tenure. There are only three main cases left, representing a markedly reduced judicial workload compared to early 2019. The appeal judgement in the Fatuma et al. case will be delivered on 29 June. In the other appeal case, Stanišić & Simatović, the proceedings are well on track for completion by the projected timeframe of June 2023, and another status conference will be held next week. In the Kabuga case, following the recent hearing of independent medical experts and oral submissions of the parties, the Trial Chamber on 13 June issued its decision, finding that the defence has not established that Félicien Kabuga is presently unfit for trial. The Chamber also decided that the accused shall remain detained at the Mechanism’s Hague branch and that his trial shall commence there until otherwise determined.
These developments, he emphasized, represent the substantial fulfilment of one of the central priorities of his presidency, which was to conclude the Mechanism’s existing judicial proceedings in a timely and efficient manner, while ensuring due process and fundamental rights. However, the progress has not stopped there. Major advances in the tracking of fugitives of the International Criminal Tribunal for Rwanda (ICTR) have also had a decisive impact on the Mechanism’s operations and outlook. As a result of the arduous efforts of Prosecutor Serge Brammertz and his team, only four fugitives of ICTR are left, all of whom are expected to be tried in Rwanda. Regarding the enforcement of sentences, he, in 2020, issued a revised Practice Direction on applications for pardon, commutation of sentence or early release, with the aim of simplifying the process while retaining the same legal approach. Since taking office, he has issued 72 decisions and orders in relation to such applications, leaving only two recently filed matters to be dealt with by his successor.
However, there have been some setbacks, he said, noting that the binding agreement signed between the United Nations and Niger to relocate the acquitted and released persons onto Niger’s territory has not been honoured. The Registrar is doing his utmost to find a way through this predicament. Separately, the contempt case against Petar Jojić and Vjerica Radeta is an illustration of where the Mechanism’s ability to secure justice has been thwarted; in that instance, by Serbia’s ongoing failure to fulfil the international obligations imposed on all States by this Council in resolution 1966 (2010).
Following its fourth review of the progress of the Mechanism’s work, the Security Council will soon issue a resolution concerning the court’s mandate, and subsequently the Secretary-General will appoint the next President from among the rostered judges. After almost a decade of operations, IRMCT is far closer to realizing the Council’s vision of a small and temporary institution. “It is not easy to head a downsizing institution and to counter the deleterious effects of reduced productivity, wounded morale and increased employee turnover,” he said, adding that equally difficult is to solidify the “One Mechanism” approach within IRMCT’s unique structure, to ensure the optimal, most efficient use of resources at its two branches.
It will be for the Security Council, which itself determined the scope of the Mechanism’s mandate, to decide if and when certain duties of the court should more appropriately be discharged by others. “The uncertainties that have plagued us recently show no signs of abating, and I admit it is not always easy to remain optimistic about the state of international criminal justice,” he said. “However, my experiences at the Mechanism and the ad hoc Tribunals have reinforced in me the unshakeable belief that the work of these institutions truly matters; that international justice initiatives can and do succeed, beyond all expectations; and that justice will ultimately prevail where there is the political will to seek it.”
SERGE BRAMMERTZ, Prosecutor of the International Residual Mechanism for Criminal Tribunals, briefed the Council that, in the last two years, his Office has accounted for half of the fugitives who remained at large following the closure of ICTR. This includes all three of the “so-called major fugitives” — Mr. Kabuga, Augustin Bizimina and Protais Mpiranya, former commander of the Presidential Guard. There are now only four fugitives remaining, he pointed out, “including our top priority, Fulgence Kayishema”. Progress is now being made on that front with South Africa, and with the full and effective cooperation of that country, he expressed confidence that Mr. Kayishema’s flight from justice will soon be brought to an end. Further, the Office’s goal is to account for all four outstanding fugitives by the time the Council next reviews the Mechanism’s work.
He went on to say that efforts continue to complete remaining trials and appeals, providing an overview of the procedural history of several cases to date. Recalling the Council’s mandate for his office to respond to requests for assistance from domestic investigators and prosecutors around the world, he said that assisting national jurisdictions prosecuting international crimes committed in Rwanda and the former Yugoslavia continues to be a priority. There remain thousands of cases pending completion in national courts — the Prosecutor General of Rwanda is still seeking to prosecute more than 1,000 fugitives indicted for genocide, and in Bosnia and Herzegovina, Croatia and Serbia, there are still more than 3,000 suspected perpetrators of war crimes, crimes against humanity and genocide to be investigated and prosecuted. “My office’s assistance is essential to completing this work,” he emphasized.
He stressed, however, that, despite this support, national prosecutors still face challenges. In the former Yugoslavia, the most significant issue remains regional judicial cooperation, where both Bosnia and Herzegovina and Serbia are experiencing severe difficulties obtaining cooperation from Croatia. The Government of Croatia is taking political decisions to block the justice process, and today, there is a widespread impression that — in that country — there is the will to pursue justice for Croatian victims, but not for those of other ethnicities. Against that backdrop, he urged Croatia to send all pending requests for assistance currently blocked by the Ministry of Justice to relevant judicial authorities and encourage them to urgently process those requests. With respect to Rwanda, he reiterated that more efforts are needed to ensure accountability for génocidaires that have fled to other countries, particularly in Europe and Africa.
Statements
MICHEL XAVIER BIANG (Gabon) recalled that the Security Council tasked the Informal Working Group on International Tribunals chaired by his delegation, to examine the Mechanism’s work. He said significant progress made by IRMCT despite the many challenges during the COVID-19 pandemic testifies to its genuine determination to fully discharge all aspects of its mandate. The Mechanism has proven that it is up to the task. The arrest of Mr. Kabuga, the tracking of fugitives, and the recent confirmation of the deaths of Mr. Mpiranya and Phénéas Munyarugarama added to the convictions of Ratko Mladić, Jovica Stanišić and others, clearly reflects a delivery of criminal justice against impunity and affirms the rule of law under the aegis of the Security Council. However, it is essential for the Council to continue supporting IRMCT in fulfilling its mandate, he said, also underscoring the importance of cooperation with national tribunals. It is therefore important to strengthen the capacities of the national judicial systems. Many challenges remain, and clearly, the job is far from being complete.
GENNADY V. KUZMIN (Russian Federation) said that, over the last sixth months, the Mechanism — with the word “Residual” as part of its name — has made no progress towards the planned conclusion of its work. “Over the last five years, no real downsizing has happened,” he emphasized, further noting that IRMCT has three cases before it. By July, only two will be left, and there are no new cases in the pipeline, so long as the Mechanism does not use cases of contempt of court to prolong its own existence. He also expressed concern over reports of the worsening health of Mr. Mladić, and called on IRMCT to increase efforts to monitor the medical state of persons in its care pursuant to resolution 2529 (2020). Turning to the Mechanism’s legacy, he questioned whether it will be able to support the process of reconciliation in the Balkans as, despite the hopes placed on it, IRMCT has continued the tradition of the one-sided and politically biased International Criminal Tribunal for the Former Yugoslavia (ICTY). He stressed that the main question to be asked is who was convicted — or not convicted — and why.
KAJAL BHAT (India) noted that IRMCT has played an important role in supporting the concerned States in addressing issues related to impunity, justice and reconciliation. Welcoming the appointment of female judges to the Mechanism’s judicial roster, she called it a positive step towards gender parity at the highest levels of United Nations bodies. Reiterating the importance of implementation of the mandate by the Mechanism strictly in accordance with the principles of justice, impartiality and fairness, she acknowledged the progress made during the reporting period, including the variation of protective measures, access to confidential materials for use in cases before domestic jurisdictions, and relocation of acquitted and released persons. She also looked forward to an early resolution of the impasse posed in the context of acquitted and released persons relocated to Niger. This is a humanitarian issue that needs to be addressed with urgency and sensitivity, she said. She also encouraged IRMCT to continue to make headway in its remaining residual functions, including tracking the remaining fugitives of ICTR, among other matters.
DIARRA DIME LABILLE (France), outlining the Mechanism’s many accomplishments, including three judgements handed down, stressed the importance for it to have the financial resources necessary to fulfil its mandate. Applauding the Mechanism for adapting its activity to the challenges created by the health crisis, she said IRMCT has been able to demonstrate its effectiveness and relevance. International criminal justice cannot be effective without full State cooperation. The arrest in France of Mr. Kabuga was made possible through the fugitive-tracing strategy developed by the Prosecutor’s Office — a strategy based on intense diplomatic engagement and multiple partnerships with national authorities. “Fighting impunity is everyone’s business,” she stressed. Noting the report of the Office of Internal Oversight Services (OIOS), she said the Mechanism implemented two of the four recommendations, with no new recommendation made. This attested to the temporary nature of the court, she said, urging it to complete the two remaining recommendations.
HAROLD ADLAI AGYEMAN (Ghana) said that IRMCT must continue dialogue pertaining to the relocation of acquitted and released persons with receiving States to find a solution to this issue. He also supported all efforts by the Mechanism to arrest fugitives, emphasizing the need to pursue accountability regardless of the passage of time as the Council cannot forget the survivors and the families of victims of atrocity crimes. Continuing collaboration between the Office of the Prosecutor and national judiciaries is welcome, and helps build capacity for domestic prosecutions in affected countries in line with the principle of complementarity. He also welcomed cooperation between the Office of the Prosecutor and OIOS to complete the Mechanism’s residual functions in an effective manner, urging all States to cooperate with IMRCT to enable it to complete its mandate.
CHANAKA LIAM WICKREMASINGHE (United Kingdom) stressed the importance of justice and defending it, noting that the world is seeing barbarism and heinous crimes committed by the Russian Federation in Ukraine on a scale not seen in Europe since the dark days of the 1990s in Bosnia and Herzegovina. The Mechanism stands as a reminder that the Security Council should act to ensure accountability for atrocity crimes. Sadly, there are some who smear IRMCT and its predecessors, glorify war criminals and deny genocides that happened in Rwanda and Bosnia and Herzegovina, he warned, condemning “false narratives”. Regarding the Tribunal’s post-judicial future, he said work remains to be done. There are four fugitives at large, some sentences to be enforced, witnesses to be protected and the archive to be maintained. He also stressed the importance of international cooperation, urging Serbia to comply with the court’s order regarding the arrest of Mr. Jojić and Ms. Radeta, and also calling on Niger to find a lasting solution to the issue of relocating the acquitted and released persons who are under house arrest.
RICHARD M. MILLS, JR. (United States) joined others in urging Serbia to turn over those individuals indicted by IRMCT. He also spotlighted the importance of ongoing investigations and proceedings relating to contempt charges, which are a critical part of the Mechanism’s work as the integrity of court proceedings is “fundamental to the delivery of justice”. As the Mechanism’s judicial activities draw to a close, solutions must be found for relocating individuals who have been acquitted or released, and he encouraged Member State cooperation in this respect. Noting that four fugitives remain at large, he said that the United States continues to offer a reward of up to $5 million for information leading to their arrest. He went on to encourage national jurisdictions to pursue accountability for atrocity crimes within their own systems and to call on national authorities to do more to combat the entrenchment of ethno-nationalist sentiment. “Strong countries speak honestly about the past, even when it is painful,” he added.
ENRIQUE JAVIER OCHOA MARTÍNEZ (Mexico) underlined the progress made in implementing the recommendations by OIOS, urging the Mechanism to continue winding down in the next review cycles. State cooperation is crucial for the Tribunal to fulfil its work so that the fight against impunity continues. He called on the States involved to intensify cooperation with IRMCT to arrest the four remaining fugitives. He expressed regret over the reversal of agreement with Niger to relocate individuals who have completed their sentences or were found not guilty. This points to the need to find a long-term solution for those who find themselves in such situations, as well as to avoid such cases.
SUOOD RASHED ALI ALWALI ALMAZROUEI (United Arab Emirates) noted that IRMCT is playing an essential role in completing the final tasks of their work and closing all its files, particularly in fighting impunity for serious violations of international law in Rwanda and the former Yugoslavia, as well as in delivering justice for victims and survivors of these crimes. He also noted that the Kabuga case is expected to be the final trial undertaken by the Mechanism, which is expected to commence following the judicial decision on his capacity to stand trial. Expressing concern about the unresolved situation of the eight acquitted and released persons, he urged the Mechanism to continue to work with all relevant parties to find an appropriate solution to the current situation, and encouraged it to further streamline its operations, in accordance with resolution 1966 (2010).
DAI BING (China), supporting the Office of the Prosecutor’s efforts to track down fugitives, emphasized that IRMCT should be a small, effective and temporary institution whose functions and size are gradually reduced. On that point, he expressed hope that the Mechanism will continue its activities in accordance with its mandate and implement the recommendations made by the Council’s informal working group on international tribunals and by OIOS. Further, as its caseload concludes, IRMCT should allocate budgetary resources efficiently and gradually reduce its expenditures. Stressing the importance of pragmatic cooperation between the Mechanism and the countries concerned on issues such as the resettlement of those acquitted or released, the transfer of cases and the tracking of remaining fugitives, he called for proper solutions to be found and for cooperation in combating impunity.
JAYNE TOROITICH (Kenya) called on States to invest more in preventive processes and mechanisms, adding that one the best ways to strengthen prevention is through mainstreaming inclusive national dialogue into national processes. Therefore, national authorities should take the lead of conflict prevention and ensuring accountability. The completion of the judicial work is instrumental in providing a level of closure to survivors and families of victims, she said, noting it would play an important role in promoting reconciliation which is necessary in both prevention and healing. She also recalled the Security Council’s vision of the Mechanism as a “small, temporary and efficient structure, whose functions and size will diminish over time”. Urging a speedy completion of the remaining cases, including that of Felicien Kabuga, she called on all States to cooperate with the Mechanism to apprehend the remaining fugitives to enable such endeavours.
TRINE HEIMERBACK (Norway), reaffirming Norway’s strong support to IRMCT, expressed regret about the lack of progress in the Jojić and Radeta case. She strongly urged Serbia to cooperate fully with the Mechanism. She also noted the downsizing of staff during 2022, as well as the significant further reductions planned for 2023 in line with Council resolutions and OIOS recommendations. However, despite an earlier agreement, the Mechanism continues to face problems in the relocation of the eight persons who have been acquitted or released, she said, urging Niger to fully adhere to the agreement with the United Nations. Pointing out that four fugitives related to the 1994 Genocide against the Tutsis in Rwanda remaining at large, she urged all States to fully cooperate with the Mechanism and arrest and surrender all remaining fugitives. In that regard, the Council should assume its responsibilities by examining every possible measure to facilitate the arrest and surrender of those wanted by the Mechanism.
BRIAN FLYNN (Ireland) recalling progress made over the past two years, including the delivery of three landmark judgments, fugitive tracking and streamlined in-court activity, reiterated continued concern about Serbia’s persistent failure to take action in relation to the Jojić and Radeta case, urging all States to cooperate fully with and assist the Mechanism in its efforts to arrest and surrender the remaining fugitives. Welcoming the efforts of the Mechanism and cooperation of States in confirming the deaths of two fugitives related to the 1994 Genocide against the Tutsi in Rwanda, he expressed concern about the ongoing difficulties faced by eight acquitted or released individuals relocated to Niamey. The negative developments during the reporting period relating to the denial of crimes and glorification of war criminals remain concerning, he said, condemning again the genocidal ideology, the denial of crimes and the praise lavished on war criminals by high-level officials.
RONALDO COSTA FILHO (Brazil) stressed that national States bear the primary responsibility for holding accountable those who perpetrate crimes in their territories, viewing the international tribunals as essentially supplementary to the national judiciaries. The complementarity principle is important to ensure that these States retain ownership in their right and duty to provide justice to their citizens, he noted, while emphasizing that it is crucial for the international community not to allow, in any circumstances, perpetrators of gross atrocities to go unpunished. Describing the Mechanism as a notable example of how the international community works together for the sake of justice, he stressed that it would be irresponsible to take for granted that victims and witnesses would remain safe on their own after the trials.
FERIT HOXHA (Albania), Council President for June, speaking in his national capacity, commended States for their cooperation with the Mechanism in arresting and surrendering fugitives. “The legal obligation to cooperate with the Mechanism is not optional and arrest warrants should be executed without further delay,” he said, stressing the need for the arrest warrants for Mr. Jojić and Ms. Radeta to be executed. Glorification of war criminals, genocide denial or history revisionism are unacceptable. "During its tenure, the ICTY has indicted 161 individuals, convicted 90 and acquitted 19 individuals, he said, adding: “The wheels of justice may be slow, but they grind finely. Those behind bars know it. We also do. It is in this way that we make war criminals know that they will not find shelter anywhere, anytime.” As far as the allegations of the involvement of Albania, mentioned by his Russian counterpart, he said “this is the overdose of an obsessional fantasy”. These allegations bear the same credibility as remarks by the same delegation that “there is no war in Ukraine” and that “Ukrainians are killing themselves”.
MAJA POPOVIĆ, Minister for Justice of Serbia, noting that the report again contains allegations of Serbia’s alleged non-cooperation in connection with the case against Mr. Jojić and Ms. Radeta, said that her country’s conduct regarding this case does not constitute a violation of its international obligations, but, rather, an effort to comply with resolution 1966 (2010). Under current circumstances, proceedings before national courts can improve justice and strengthen confidence in national judicial systems which, according to that resolution, should take over prosecutions. She also reiterated the request that prison sentences imposed by ICTY and the Mechanism on Serbian nationals be executed in Serbia under the Mechanism’s supervision. Further, Belgrade opposes the Mechanism’s practice that has resulted in many years of non-decision on requests for early release of Serbian citizens, which violates their basic human rights.
She went on to emphasize that, during the reporting period, the Prosecutor’s Office for War Crimes of Serbia has actively cooperated with the Office of the Prosecutor, particularly in specific cases against two high-ranking officials, resulting in the filing of an indictment in one case and improvement of investigation in the other. Noting that the Office of the Prosecutor points to a standstill in negotiations between Serbia and Croatia on the establishment of a framework for processing war crimes, she said that this is a bilateral issue that is not within the Mechanism’s exclusive jurisdiction. She emphasized that these negotiations did not conclude because Croatia insisted on the abolition of universal jurisdiction in Serbia’s legal system, where the principle plays an integral, necessary role.
SVEN ALKALAJ (Bosnia and Herzegovina) said the judicial authorities in his country are focused and committed to the implementation of the revised strategy for work of war crimes cases, with a view to conclude all unresolved war crimes cases by the end of 2023. According to the Prosecutor’s Office of Bosnia and Herzegovina, 21 indictments against 56 persons have been filed in 2021 and 5 indictments against 19 persons have been filed in the first five months of 2022. The Court of Bosnia and Herzegovina received 21 indictments in 2021 and 1 in the first four months of 2022. The Office of the Prosecutor of IRMCT continues its engagement with the judicial authorities of Bosnia and Herzegovina. He, however, expressed regret that there has been no progress in the matter of Novak Đukić and Milomir Savčić, who were standing trial in Bosnia and Herzegovina and fled to Serbia. Cooperation with the judicial authorities of Croatia should be improved. Bosnia and Herzegovina sent requests to Croatia for mutual legal assistance, but Croatia hasn’t responded so far, he said, urging Zagreb to reverse its conclusion to not comply with the requests for mutual legal assistance in the cases of crimes against humanity.
CLAVER GATETE (Rwanda), while noting that the Office of the Prosecutor has viable leads on the whereabouts of some remaining fugitives, said that the major challenge is the lack of timely, effective cooperation by some Member States. Kigali has sent out over 1,000 indictments to 34 countries, requesting cooperation in arresting and prosecuting fugitives or transferring them to Rwanda to face justice, but only a few have complied. On this point, he reiterated that resolutions and decisions by the Security Council, General Assembly and African Union oblige Member States to intensify cooperation and render the necessary assistance to IRMCT and Rwanda to quickly arrest all remaining genocide suspects. He went on to call on the Mechanism to commence the trial of Mr. Kabuga without delay and to express concern over the current resurgence in hate speech targeting the Tutsi and Rwandaphones in the Democratic Republic of the Congo. “This deteriorating environment is an early warning sign of intention to perpetrate genocide,” he stressed.
IVAN ŠIMONOVIĆ (Croatia) said it is surprising that, in the Stanišić and Simatović case, the Trial Chamber established the existence of a joint criminal enterprise of Serbian leaders led by Slobodan Milošević, as well as their responsibility for crimes committed in Croatia and Bosnia and Herzegovina, but did not list that case among them. This departs from the findings in ICTY verdicts against Milan Babić and Milan Martić for crimes committed in Croatia, which established the existence of a joint criminal enterprise involving Jovica Stanišić and Franko Simatović as Serbia’s top security officials. He expressed hope that the Appeals Chamber will acknowledge the necessity of coherence of judgments. The Mechanism’s repeated referrals of Serbia to the Security Council for the failure to arrest and transfer Mr. Jojić and Ms. Radeta, must be efficiently addressed. Rejecting some Prosecutor’s negative qualifications regarding Croatia’s bilateral cooperation, he stressed that meaningful cooperation is not a one-way process.
For years, Croatia is still waiting for Serbia’s response to an invitation to finalize the draft of a bilateral agreement on processing war crimes, whose conclusion would represent a significant step forward in its judicial cooperation, he said. Instead, Serbia is initiating politicized criminal proceedings against Croatian citizens that are at odds with international standards of universal jurisdiction, he continued. Croatia and Bosnia and Herzegovina should press to more effectively implement the bilateral agreement on cooperation in war crimes matters and reduce the backlog in responding to requests for mutual legal assistance. Another important area of regional cooperation is tracing missing persons. Determining the fate of 1,839 still‑missing Croatian citizens is a long‑standing priority. It is deeply disappointing that crucial information is still not shared, he noted.