Mechanism Concluding Tasks of Criminal Tribunals for Rwanda, Former Yugoslavia ‘Steadily Advancing on Path of Completion’, President Tells Security Council
Delegates today welcomed milestones reached by a United Nations war crime court in completing its judicial phase for atrocities committed in Rwanda and the former Yugoslavia in the 1990s and called for renewed support for its duties related to accountability and justice, as the Security Council heard briefings from top officials of the International Residual Mechanism for Criminal Tribunals (IRMCT), ahead of a resolution to renew its mandate later in June.
“Active proceedings in the final core crime cases have ended and the Mechanism has completed its transition into a truly residual institution,” said Graciela Gatti Santana, President of the IRMCT, the judicial body that took over the remaining work of the two dedicated tribunals for war crimes committed in Rwanda and the former Yugoslavia following their closures in 2015 and 2017. The justice cycle needed to confront genocide is long and requires sustained support, she said, pointing out that the achievement of such milestones signalled that the IRMCT was “steadily advancing on the path of completion”.
However, the IRMCT still has important work to do and requires sufficient resources to do it, she continued. The breadth of its work is “substantial and unprecedented among international and internationalized tribunals”, she said, pointing to the responsibilities that followed its indictment of more than 250 individuals, which generated records projected to unfurl over nine kilometres. Underscoring the need for States’ cooperation, she pointed out that Serbia’s continued refusal to cooperate in the contempt case concerning Petar Jojić and Vjerica Radeta has hampered the IRMCT’s ability to try them for almost a decade.
Serge Brammertz, the IRMCT’s Chief Prosecutor, reported that his Office has concluded the important mandate to account for all fugitives indicted by the International Criminal Tribunal for Rwanda. Spotlighting his team’s assiduous efforts in accounting for all 253 persons indicted by the International Criminal for Rwanda and the former Yugoslavia for war crimes, crimes against humanity and genocide, he stated that “fugitives were amongst our greatest challenges, but we persevered and succeeded.” However, “while all ICTR [International Criminal Tribunals for Rwanda] fugitives have all been accounted for, more justice is still needed,” he said, pointing to ongoing work by his Office in continuing the accountability process. The IRMCT fulfils the Council’s vision to combat impunity for severe violations of international humanitarian law, first through both Tribunals and now in domestic courts worldwide, he said, reiterating that it is “a temporary institution whose functions will diminish over time”.
In the ensuing debate, members voiced near-unanimous support for the IRMCT, with several speakers voicing concern over the continued lack of cooperation by some States, while others warned of the dangers of genocide denial and the glorification of war criminals.
Among them was the representative of the United Kingdom, who noted that the denial of international crimes by some senior political figures, amid an uptick in ethno-national tensions in the Western Balkans, impeded the region from building safe and inclusive societies. The completion of all core crime proceedings and accounting for all remaining fugitives in core crimes cases constituted a historic moment for the IRMCT, he said, while voicing concern over remaining obstacles due to the lack of cooperation by States of concern, notably Serbia.
The representative of Slovenia, emphasizing that the legacy of the IRMCT and its predecessors “remains crucial” for fighting genocide denial and the glorification of war criminals, stressed that the efficient management of archives is “imperative for ensuring accountability before the courts”. A centralized system for managing the archives of all UN tribunals and mechanisms “would be the most appropriate and efficient way forward”, he added.
For her part, the Russian Federation’s speaker said that while the IRMCT’s fifth review and regular semi-annual activity reports are voluminous, the critical question about the final and reasonable deadline for the completion or transfer of its functions remains unanswered. She took issue with the IRMCT’s annual budget, pointing out that it is double that of the UN’s main judicial body, the International Court of Justice, and stated that “the Mechanism should have been closed long ago”, given the conclusion of its key judicial proceedings.
In a similar vein, Maja Popović, Minister for Justice of Serbia, expressed concern over the IRMCT’s “gross disregard for all deadlines set by the Security Council”. Highlighting her country’s legal and judicial expertise to conduct all cases that may be referred to it, she called on the IRMCT to reconsider its decisions to not refer certain cases to Serbia. She went on to reject statements about her country denying crimes or glorifying them, adding that the Prosecutor’s Office should focus on the need to establish the real truth about the crimes that were committed as well as the “objective legal qualification” of the nature of the conflict in the former Yugoslavia.
Meanwhile, the speaker for Bosnia and Herzegovina highlighted that the establishment of 11 July as an International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica would not be possible without the contributions of the International Criminal Tribunal for the Former Yugoslavia and the Mechanism in fighting impunity and ensuring accountability for genocide, crimes against humanity and war crimes, and that of the International Court of Justice, in determining that these acts committed in Srebrenica constituted acts of genocide. These verdicts, which prove that Serbia played a role in the wars in Bosnia and Herzegovina and Croatia, “will forever stay written as an uncontested fact of the tragic chapter of the Balkans”, she said, adding that the culture of remembering the victims of the genocide in Srebrenica is a culture of memory so that genocide is never repeated.
Croatia’s delegate, for his part, underscored the need for more meaningful and productive cooperation, as well as transparency and openness, pointing to Belgrade’s insufficient cooperation with respect to the tracing of 1,797 missing Croatian persons and mortal remains. The lack of political will in Serbia to share information and enable access to archives remains the greatest obstacle to progress in resolving these cases, which is crucial for closure and reconciliation, he said, urging the IRMCT to prioritize this issue during the remainder of its mandate.
Rounding out the discussion, Rwanda’s delegate called for the transfer of the IRMCT’s expertise to its national judiciary, underscoring the need for direct case assistance to help track over 1,200 fugitives still at large. As well, he requested the relocation of the International Criminal Tribunal for Rwanda’s archive to his country. Turning to the situation of acquitted and released individuals in Niger, he reiterated that these Rwandans are welcome to return to their home country, adding that thousands of former perpetrators who completed their sentences now coexist peacefully with their fellow citizens.
International Residual Mechanism for Criminal Tribunals
Briefings
GRACIELA GATTI SANTANA, President of the International Residual Mechanism for Criminal Tribunals (IRMCT), which was set up in 2010 to complete the work of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia after their respective closures in 2015 and 2017, noted that this year marked “Kwibuka30”: the thirtieth commemoration of the 1994 Genocide against the Tutsi in Rwanda. Pointing out that, just as the preconditions for genocide grow in force over time, the justice cycle needed to confront the resulting violence and atrocities is long and requires sustained support. She went on to highlight a significant milestone for IRMCT in the past biennium: active proceedings in the final core crime cases have ended and the Mechanism has completed its transition into a truly residual institution. Moreover, the Mechanism’s Prosecutor confirmed in May that all fugitives indicted by the International Criminal Tribunal for Rwanda have been accounted for, she said, adding: “We are steadily advancing on the path of completion.”
The initial priorities of her presidency were drawn from a commitment to implement the Security Council’s request in resolution 2637 (2022) to provide clear and focused projections of completion timelines for all IRMCT activities and options regarding the transfer of its remaining activities, she continued. On that, she spotlighted the release in April of a detailed framework document to guide the Mechanism’s future planning for its other mandated residual activities, which reflects scenario-based workforce planning and provides a range of options and recommendations concerning the potential transfer of the IRMCT’s functions. As well, in line with the Council’s vision that the Mechanism’s functions and size will diminish over time, its budgetary requirements over the past two years have fallen by more than 25 per cent, she said, adding that, by December, it will have eliminated just under half of all posts, compared to staffing figures from two years earlier.
However, the IRMCT still has important work to do and requires sufficient resources to do it, she went on, pointing to the substantial breadth of this work, which is “substantial and unprecedented among international and internationalized tribunals”. The Mechanism has inherited the continuous responsibilities that follow from indicting more than 250 individuals, with the resulting cases receiving evidence from more than 6,800 witnesses and generating records that stretch more than four kilometres and are projected to reach nine. On that, she noted that the IRMCT remains mandated to supervise the enforcement of sentences, with 41 convicted persons currently serving their sentences in 12 States and another seven persons under its jurisdiction. “In the near term, it is expected that the work related to this function will increase, as more prisoners reach the threshold for consideration for early release,” she said, adding: “Sufficient support during this phase will be critical.”
The IRMCT also remains tasked with managing, preserving, and facilitating access to the archives of the ad hoc Tribunals and the Mechanism and continues to receive and adjudicate requests for access to confidential evidence maintained in the archives and for variation of witness protective measures, she continued. As well, it is invested with the competence to review a conviction should a new fact emerge demonstrating that a verdict may be unsafe, she said. On that, she stated that, in the case concerning Gérard Ntakirutimana, now before the Appeals Chamber, fresh information has been presented indicating that a witness may have provided false evidence that was critical to some of his convictions. Therefore, the Appeals Chamber has authorized narrowly tailored review proceedings to determine whether any miscarriage of justice may have occurred.
She went on to underscore the need for the cooperation of States, pointing out that the continued refusal of Serbia to cooperate in the contempt case concerning Petar Jojić and Vjerica Radeta constitutes a persistent obstacle to the Mechanism’s discharge of its mandated functions, and has hampered its ability to try those accused for almost a decade. On enforcement of sentences, she pointed out that enforcement States have yet to be designated for a handful of convicted persons as well as for the provisional release of Félicien Kabuga. As well, the situation of the acquitted or released persons relocated to Niger is at an impasse, she said, renewing her call for a durable solution in this regard.
SERGE BRAMMERTZ, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals, reported that his Office has concluded the important mandate to account for all fugitives indicted by the International Criminal Tribunal for Rwanda. On 15 May, it confirmed the deaths of the last two fugitives, Ryandikayo and Charles Sikubwabo, who both fled Rwanda in 1994 to then-Zaire. They resided in the Kashusha camp, together with many other perpetrators of the genocide, until late 1996. Mr. Sikubwabo then fled through the Democratic Republic of the Congo and the Central African Republic before arriving in Chad, where he died in 1998. “When taking office as the Mechanism Prosecutor, I briefed this Council about our intention to make maximum efforts to locate all remaining ICTR [International Criminal Tribunal for Rwanda] fugitives,” he said, noting that this required a more proactive approach, adopting new methodologies and recruiting the right staff with the right skills.
“We had a window of opportunity to demonstrate a track record of success,” he said, noting that his team accounted for all eight outstanding International Criminal Tribunal for Rwanda fugitives over the last several years. It arrested two fugitives, Félicien Kabuga in Paris in May 2020, and Fulgence Kayishema in Paarl, South Africa, in May 2023. It further confirmed the deaths of another six accused. “This means that all 253 persons indicted by the ICTR and ICTY [International Criminal Tribunal for the Former Yugoslavia] for war crimes, crimes against humanity and genocide have now been accounted for,” he stressed, adding that “fugitives were amongst our greatest challenges, but we persevered and succeeded”.
However, he continued, “while all ICTR fugitives have all been accounted for, more justice is still needed,” noting his Office’s work assisting national authorities in continuing the accountability process for crimes committed in Rwanda and the former Yugoslavia. In the last two years alone, his Office received 629 requests for assistance and supported 219 national case files. In relation to Rwanda, it assisted 10 Member States, handed over 5,000 documents, facilitated the participation of 69 witnesses in national proceedings, provided investigative plans and shared information on fugitives’ whereabouts. Regarding the former Yugoslavia, it supported seven Member States and four international organizations, handed over more than 17,000 documents, and prepared investigative dossiers, crime base reports and analytical reports.
As the Office of Internal Oversight Services (OIOS) reported, most national partners “strongly agreed or agreed that the assistance received had contributed to facilitating investigations and judicial proceedings in their jurisdictions,” he pointed out. While the two Tribunals indicted 253 persons, it was always well-known that there were thousands more perpetrators to bring to justice, he said, adding that “more accountability is still urgently needed”. Rwandan authorities are still seeking to bring more than 1,000 fugitive génocidaires to justice. Likewise, prosecutors in the former Yugoslavia still have thousands of suspected war criminals to investigate and prosecute. Domestic authorities in third-party Member States — particularly Europe and North America — are also prosecuting these cases under “no safe haven” policies. Continuing this work is essential for the victims and survivors, as well as for Member States, who have prioritized accountability at the national level to secure the rule of law and promote reconciliation.
Ultimately, the Mechanism’s work fulfils the Council’s vision to combat impunity for those responsible for severe violations of international humanitarian law, first through both Tribunals and now in domestic courts worldwide. Noting that his Office has successfully completed two of its three primary residual functions, he said that in 2023, it finalized those remaining trials and appeals transferred from the two Tribunals. In May, it successfully accounted for the last International Criminal Tribunal for Rwanda fugitives, bringing that work to a close. His Office, therefore, delivered on these important mandates, consistent with the Council’s vision of the IRMCT as “a temporary institution whose functions will diminish over time”.
Statements
The representative of Sierra Leone said his country can attest to “the transformative power of international justice delivered through independent and impartial criminal tribunals like the IRMCT, and in our case the Special Court for Sierra Leone”. Stressing that that a merger of the activities of the Mechanism and the Special Court is impracticable, he commended its excellent work from 2022 to 2024, during which they concluded the trials of all core crimes, and applauded its efforts to eliminate duplication of functions. The IRMCT has now entered a truly residual stage, he noted, acknowledging “that uncertainties may arise from the Mechanism’s work, given its heavy reliance on the goodwill and political will of member States”. Due to the absence of enforcement States, the Mechanism has had to keep convicted persons in the detention centre in The Hague. The Working Group is also grappling with these ambiguities, he said, adding: “what remains certain is that the Council’s continuing support to the Mechanism is critical.”
The representative of Guyana said that, although it has reached a further point of transition, the IRMCT still has an important role to play in ensuring accountability and justice for crimes committed in the former Yugoslavia and in Rwanda. While its functions and size must gradually diminish pursuant to resolution 1966 (2010), “this must be carefully managed to allow the smooth and appropriate transfer of remaining responsibilities”, she emphasized, also underlining the need to protect witnesses and survivors. She also said that an updated report from the Secretary-General on administrative and budgetary considerations relating to the management of the Mechanism’s archives “is necessary to aid the Council’s discussions on the matter”, and that a report on recommendations for the transfer of IRMCT’s functions would be “helpful”. Expressing concern that the relocation of acquitted and released persons from Arusha to Niger in December 2021 remains unresolved, she urged States to cooperate and “render all necessary assistance” to IRMCT pursuant to resolution 2637 (2022).
The representative of France, also voicing full support for the Mechanism, noted the conclusion of its judicial phase. Given there is no longer a fugitive indicted for principal crimes by the Tribunals for Rwanda and the former Yugoslavia, she expressed support for the passage of the Mechanism to genuinely residual functions. Noting that meaningful decisions need to be taken on a number of issues, including assistance to national jurisdictions, the protection of victims and witnesses, and management of archives, she applauded its streamlining efforts. Highlighting its framework of action as a living document, she applauded the arrest of Fulgence Kayishema. The collaboration between the Prosecutor’s office and the South African authorities is an example of effective and efficient international cooperation in countering impunity, she added.
The representative of the United Kingdom acknowledged the important milestones reached by the Mechanism during this reporting period, with the latest report confirming the completion of all core crimes proceedings and all remaining fugitives in core crimes cases accounted for. He therefore echoed the IRMCT President’s statement that this represents a historic moment for the Mechanism. Turning to outstanding work, including in assisting national authorities and in performing ongoing judicial activities, he voiced concern that despite all progress, obstacles remain. On that, he called on Serbia to arrest and transfer Mr. Jojić and Ms. Radeta to the Mechanism following years of requests. Pointing to the recent uptick in ethno-national tensions in the Western Balkans, including the denial of international crimes by some senior political figures, he said that such denials, by those in positions of power, impeded the region from building safe and inclusive societies. He highlighted the United Kingdom’s support to the Mechanism, including through the enforcement of sentences.
The representative of Ecuador said that “the Mechanism is a reminder of what the international community can achieve against impunity when there is steadfast commitment”. In its new form, it faces the challenge of fulfilling its residual functions, which include judicial tasks related to witness protection, sentence enforcement and possible cases of contempt. Also, Member States’s cooperation will continue to be essential to address these challenges. Underlining the importance of consolidating the legacy of the Mechanism and the ad hoc tribunals, she supported actions aimed at disseminating its judgments and proceedings and the permanent assistance it provides to national jurisdictions. Spreading the legacy of the Mechanism is also one of the most powerful tools to counteract discourses of historical revisionism and glorification of war criminals, which constitute the last resort of the ideology of genocide. She further added that it is necessary to ensure the preservation of and access to its files.
The representative of Japan, welcoming IRMCT’s “remarkable progress”, noted that it concluded its core-crimes cases in 2023 and succeeded in accounting for all fugitives indicated by the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia in May 2024. “This achievement would not have been possible without the tenacity and expertise of the fugitive-tracking team,” she said, also recognizing the cooperation of States involved. Welcoming IRMCT’s current transition from an operational court to a “truly residual institution”, she said that — while it continues to have an “indispensable” role in assisting national jurisdictions — its activities and size “should be narrowed over time commensurate with the reduction in its functions”. In that context, she welcomed the Mechanism’s leadership towards completing its residual functions and transferring its remaining activities, as well as its President’s internal restructuring initiative that combines both reducing posts and streamlining workflows.
The representative of the United States said the Mechanism continues to support the delivery of accountability for “some of the gravest crimes of the past century”. The Rwanda Tribunal has charged Ryandikayo and Mr. Sikubwabo with genocide and crimes against humanity for attacking various places of refuge, he noted, adding that no Rwandan fugitives now remain at large. Also expressing gratitude for the decades of work by the judges, attorneys and other court staff of the International Criminal Tribunal for the Former Yugoslavia, he said these are immense contributions to advancing the rule of law and the fight against impunity in the former Yugoslavia. Noting the Mechanism’s ongoing work to preserve extensive physical and digital records, he expressed support for its efforts to discharge its residual functions and reduce its organizational footprint. Expressing concern about the denial of crimes, he said all public figures must put victims at the forefront and ensure reconciliation and peacebuilding in the former Yugoslavia.
The representative of Slovenia said that, 30 years after the establishment of both Tribunals, the IRMCT is now a truly residual institution. “However, this does not mean the work is done,” he stressed, pointing to several important residual functions. These include supervising the enforcement of sentences, responding to national requests for assistance, ensuring the continued protection of victims and witnesses, monitoring cases referred to national jurisdictions and managing archives. Stressing that the efficient management of archives is “imperative for ensuring accountability before the courts”, he said that criminal proceedings require an accessible system where all evidence and documents are properly stored and managed by qualified staff. In that context, he emphasized that a centralized system for managing the archives of all UN tribunals and mechanisms “would be the most appropriate and efficient way forward”. He added that the legacy of the Mechanism and its predecessors “remains crucial” for fighting genocide denial and the glorification of war criminals.
The representative of Switzerland commended the efforts undertaken by the IRMCT to implement its mandate, in light of the milestones reached, with all the cases relating to the main crimes concluded and all the fugitives indicted by the two Tribunals accounted for. Turning to the future of the Mechanism, in its present “purely residual” phase, she took note of the Framework of Operations to complement its functions and voiced support for the efforts to optimize resources and strengthen its effectiveness. Underscoring the importance of preserving the legacy of the International Criminal Tribunals and the Mechanism, she voiced concern over the reported negationist and revisionist tendencies and the glorification of criminals. She called on States to redouble efforts to strengthen cooperation, particularly on arresting and handing over suspects. Finally, she voiced regret over the unresolved situation — despite considerable efforts undertaken by the Mechanism — of the people who have been resettled in Niger for more than two years, one of whom recently died.
The representative of the Russian Federation said that while the fifth review and regular semi-annual activity reports are voluminous, the critical question about the final and reasonable deadline for the completion or transfer of the Mechanism’s functions remains unanswered. Instead, the document contains vague references to 2052, which — in light of resolution 1966 (2010) — cannot be called “reasonable”, she stressed. The IRMCT employs 301 people, and its annual budget exceeds $65 million. In comparison, the budget of the International Court of Justice — the UN’s main judicial body — is half that. When presenting a completion strategy for the two Tribunals, it was stated that without the implementation of the completion strategy for them, they would exist until 2015. However, it is 2024, and now, 2052 is being discussed. Underscoring that “the Mechanism should have been closed long ago”, she observed that key judicial proceedings have been concluded — there are no fugitives from justice. The Mechanism continues to justify its existence through secondary tasks — including archives management or the delivery of technical assistance — however, “this does not require the Mechanism’s presence in its current form”, she emphasized.
The representative of Malta, recognizing the need for the IRMCT to continue its work on sentence enforcement, witness protection and case monitoring, emphasized that “these are essential tasks” that provide the victims of atrocity crimes “the sustained justice they deserve”. She also noted the Mechanism’s continued enforcement challenges, calling on all States who can do so to take on enforcement responsibilities. Further, States should assist the Mechanism in the context of the unresolved predicament of acquitted and released persons who were relocated to Niger. Noting that IRMCT and its predecessors have made “significant” steps in establishing the facts and historical record of atrocity crimes committed in Rwanda and the former Yugoslavia, she welcomed the Mechanism’s facilitation of the establishment of “information centres” pursuant to resolution 1966 (2010). Disseminating information is important not only for the Mechanism’s legacy, she stressed, but also because it is “a pivotal tool in countering genocide denial and associated divisive phenomena”.
The representative of Algeria, expressing appreciation for the progress made in the work of the Mechanism, noted the closure achieved in the core crimes referred to it by the Tribunals for Rwanda and the former Yugoslavia. The Mechanism should reduce its expenditure and seek to optimize the available financial resources, he said, expressing support for document preservation and archive management. Calling on it to accelerate work towards completing its residual functions within a reasonable timeline, he said that is in line with the temporary nature that was envisaged at its establishment. It is the primary responsibility of States to hold accountable those who commit crimes in their territories, he reaffirmed.
The representative of China said that, with the significant milestones it had reached, the IRMCT must now focus on supervising the enforcement of sentences, and in aiding national trial activities. As well, the IRMCT should further clarify its role, optimize resource allocation, and reduce its function and size. Noting that the IRMCT’s remaining functions are no longer related to trial proceedings of major cases, he called for the early transfer of its functions related to the supervision of enforcement hearings and contempt cases to countries willing and able to do so. As well, the IRMCT should also strengthen communication with relevant parties, accommodating their legitimate concerns, and find appropriate solutions on information sharing and the settlement of released and acquitted persons. He called on the IRMCT to carry out its functions in accordance to the resolution expected to be adopted later in June to renew its mandate.
The representative of Mozambique commended the IRMCT for finally assuming its full residual functions, adding that the people of Rwanda and former Yugoslavia endured immense suffering for decades. “It is our collective responsibility to honour the victims and survivors by holding accountable those responsible for the atrocities committed against them,” he stressed, noting that accountability for international crimes committed in Rwanda and the former Yugoslavia does not end with the enacting of sentences. The enforcement and review of sentences are also crucial components of accountability efforts and must be carried out by international standards. Noting the protective measures being undertaken by the Mechanism — including cooperation with relevant States to which protected witnesses have been resettled — he said that “victims and witnesses must be at the heart of our efforts to promote justice for the heinous crimes committed in Rwanda and former Yugoslavia”.
The representative of the Republic of Korea, Council President for June, spoke in his national capacity to spotlight the “disturbing revisionism” making the Mechanism’s relevance in ensuring transitional justice “more critical than ever”. Stating that IRMCT should retain its authority as the “guardian of justice” for crimes committed in Rwanda and the former Yugoslavia until all convicts complete their sentences, he urged: “We must remember that justice has not yet been fully achieved.” More than 40 convicts — senior leaders responsible for crimes against humanity in two regions — are still serving their sentences. “As the saying goes, justice must not only be done, but must also be seen to be done,” he observed. And, while efficiency matters in the Mechanism’s wind-down process, it must maintain its role in delivering accountability. Whether cases are tried by international tribunals or referred to national jurisdictions, he added, “the Mechanism bears the ultimate responsibility for ensuring justice is served in every single one”.
MAJA POPOVIĆ, Minister for Justice of Serbia, expressing concern about the Mechanism’s “gross disregard for all deadlines set by the Security Council”, stressed that “it is expected to act as a judicial institution, not as a political actor.” Welcoming its decision to refer a case to her country for a trial, she said that the judicial proceedings will be conducted with all guarantees for the proper administration of justice. “We still have no knowledge that the Mechanism is taking any measures regarding the conduct of its representatives who subjected potential witnesses to verbal attack and intimidation,” she added. Highlighting her country’s legal and judicial expertise to conduct all cases that may be referred to it, she called on the IRMCT to reconsider its decisions to not refer certain cases to Serbia.
Expressing concern that the Mechanism’s court proceedings may lead to new political tensions and create a negative perception of its work, she stressed that it was established by the Council for prosecuting the persons responsible for gross violations of international humanitarian law committed on the territories of former Yugoslavia. However, after more than 30 years, the Mechanism has “focused all its activities on alleged illegal behaviour of minor significance”. Rejecting statements about her country denying crimes or glorifying them, she said the Prosecutor’s Office should focus on the need to establish the real truth about the crimes that were committed as well as the “objective legal qualification” of the nature of the conflict in former Yugoslavia.
The representative of Rwanda, while commending the Prosecutor’s Office in tracking and accounting for all fugitives indicted by the International Criminal Tribunal for Rwanda, pointed out that “the most desirable outcome would have been to bring them to account before a court of law before they were deceased due to natural causes”. He called for the transfer of the IRMCT’s expertise to its national judiciary, highlighting the issue of direct case assistance to help track over 1,200 fugitives still at large. Turning to the IRMCT’s future, he requested the relocation of the International Criminal Tribunal for Rwanda’s archive to his country, with the promise of accessibility and confidentiality. A trend of genocide denial undermined the judicial process of extraditing fugitives and contributed to the ongoing abuse by fugitives of the asylum-seeking process, he said, calling for such impunity to be strongly condemned.
On the issue of the enforcement of sentences and the relocation of acquitted and released persons, which should not be “an international burden”, he called on the Council to consider that his country carry out the enforcement of sentences of Rwandan nationals. Turning to the matter of acquitted and released individuals residing in Niger, which the report describes as a humanitarian crisis, he reiterated that these Rwandans are welcome to return to their home country, adding that thousands of former perpetrators who completed their sentences now coexist peacefully with their fellow citizens.
The representative of Bosnia and Herzegovina said that the IRMCT marked a historic milestone in the pursuit of justice for the 1994 Genocide against the Tutsi in Rwanda. With the final two fugitives confirmed deceased, there are now no core fugitives at large indicted by the ad hoc Tribunals. The Mechanisms also made progress in its other residual functions, including supervising the enforcement of sentences, providing assistance to national jurisdictions and monitoring cases referred to national jurisdictions. She highlighted that the establishment of 11 July as an International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica would not be possible without the contributions of the International Criminal Tribunal for the Former Yugoslavia and the Mechanism in fighting impunity and ensuring accountability for genocide, crimes against humanity and war crimes, and that of the International Court of Justice, in determining that these acts committed in Srebrenica constituted acts of genocide.
These verdicts, which prove that Serbia played a role in the wars in Bosnia and Herzegovina and Croatia, “will forever stay written as an uncontested fact of the tragic chapter of the Balkans”, she said, adding that the culture of remembering the victims of the genocide in Srebrenica is a culture of memory so that genocide is never repeated. Highlighting the work of the ad hoc Tribunals and the Mechanism in ensuring broad access to the rich archives, she said that the preservation of audio, video and written records surpasses the physical existence of testimonies and evidence of crimes committed. “They preserve a story of human suffering, hours and hours of unimaginable pain committed to a paper or a tape, voices from the grave echoing their warning for future generations,” she stated. She further underscored that national prosecutions remain essential to achieving greater justice for the victims of war crimes, crimes against humanity, and genocide committed in Rwanda and the former Yugoslavia. Also, she noted that her country’s cooperation with the IRMCT has been stable and complete, and its commitment to advance investigations and prosecutions.
The representative of Croatia voiced support for the IRMCT’s efforts to preserve the legacy of the Tribunals on Rwanda and the former Yugoslavia, as well as the finalization of its work, underscoring that such efforts are crucial to counter revisionism, genocide denial and the glorification of war criminals. Croatia supports the potential establishment of an information centre for the International Criminal Tribunal for the Former Yugoslavia in Zagreb. Pointing to the ongoing denial of the factual findings of the Tribunals and the IRMCT, he reiterated that the glorification of war criminals and the denial of committed crimes, including the genocide in Srebrenica, are unacceptable.
On the issue of cooperation, he noted that it is not a one-way process, calling for more meaningful and productive cooperation, as well as transparency and openness. Turning to Belgrade’s insufficient cooperation with respect to the tracing of 1,797 missing Croatian persons and mortal remains, he stressed that the lack of political will in Serbia to share information and enable access to archives remains the greatest obstacle to progress in resolving these cases. Reiterating that resolving this issue was essential for closure and reconciliation, he urged the IRMCT to prioritize support for tracing missing persons and mortal remains during its remaining short mandate.