S/PV.6041
6041st meeting
Friday, 12 December 2008, 10.25 a.m.
New York
International Tribunal-Rwanda & Yugoslavia
Mr. Gouider (Libyan Arab Jamahiriya) (spoke in Arabic): We welcome the presence of the two Presidents of the International Criminal Tribunals, Judges Patrick Robinson and Dennis Byron, and the two Prosecutors, Mr. Serge Brammertz and Mr. Hassan Jallow. We thank them not only for their comprehensive briefings but also for the exceptionally excellent work they have carried out with the assistance of their staff.
The two reports of the Tribunals and today’s briefings, in addition to the report on the completion strategy, are rich in detail concerning the activities of the two Tribunals. These activities have shown considerable progress in the implementation of the completion strategy within the prescribed deadlines, in accordance with the instructions of the Security Council, and with due attention to fair trial proceedings and respect for the rights of the accused.
Undoubtedly, the failure to arrest some accused persons and the continued impunity of those who committed genocide and grave violations of international humanitarian law are a cause for legitimate international concern. However, this regrettable reality should not prevent us from implementing the completion strategy within the set deadlines.
The Security Council has urged States to cooperate with the two Tribunals. The two reports reflect noticeable progress in the cooperation of the concerned States in tracking the fugitives, extraditing those who have been indicted and resettling those who have served their sentences or been exonerated.
We welcome the reference in the two reports to the cooperation and assistance of the concerned States with the two Tribunals, particularly the Republic of Rwanda and the States of the former Yugoslavia. The issue requires ongoing international cooperation and the provision of material and human resources in order to enable the two Tribunals to discharge their mandate.
The Council has also stressed the importance of enhancing national jurisdictions in Rwanda and the States of the former Yugoslavia. We call for further efforts to strengthen national jurisdictions in order to enable them to pursue the work of the two Tribunals. We believe that such strengthening is in line with efforts to refer as many remaining cases as possible to national jurisdictions and with the principles of fair trial proceedings, equality and strengthened rule of law in the concerned States. It also ensures that problems relating to national jurisdiction can be overcome to allow States to take possession of archives that are important to their history and national reconciliation.
The circumstances have changed since the two Tribunals were established at the end of the last century. Laws and institutions in the States where the crimes were committed have also changed. There is now a great deal of evidence and many available witnesses, which makes it possible for national jurisdictions to address remaining cases with professionalism and with the assistance and support of the international community.
The desire to see progress in the Tribunals’ efforts to carry out their respective completion strategies makes it incumbent upon us to decide upon their legacies as soon as possible. In that connection, we would like to express our particular appreciation for the efforts made by the Informal Working Group chaired by Belgium. We look forward to the outcome of that work and to the establishment of an international mechanism to effectively and efficiently ensure their legacies after the Tribunals conclude their work.
