S/PV.6134
6134th meeting
Thursday, 4 June 2009, 10 a.m.
New York
International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.
International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January 1994 and 31 December 1994
Letter dated 14 May 2009 from the President of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 addressed to the President of the Security Council (S/2009/252)
Letter dated 14 May 2009 from the President of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January 1994 and 31 December 1994 addressed to the President of the Security Council (S/2009/247)
Mr. Gouider (Libyan Arab Jamahiriya) (spoke in Arabic): Let me assure you, Mr. President, of our delegation’s full support for your leadership of our work in the Council this month. We would also like to pay tribute to the efforts to the Russian presidency of the Council last month.
At the outset, allow me to welcome the presence among us today of the two Presidents of the International Criminal Tribunals, Judges Patrick Robinson and Dennis Byron, and Prosecutors Serge Brammertz and Hassan Bubacar Jallow. We thank them not only for their comprehensive briefings but also for the excellent work they have done and continue to undertake with their teams.
We need not recall resolution 1503 (2003) on the completion strategies for the two Tribunals, or remind the Tribunals that they must take all necessary measures to complete their trials by 2010, nor yet underscore resolution 1534 (2004), which stresses the importance of the full implementation of the strategies.
There is no doubt that the briefings we have just heard attest to the tangible progress in implementing the provisions of the strategies. That having been said, we note that circumstances have arisen beyond the control of the two Tribunals, leading to an unprecedented increase in the workload of both Tribunals that has important implications for the timeframe of the completion strategies and the resources needed for their full implementation.
Like other delegations, we wish to underscore the importance of the Tribunals completing their work as soon as possible without, naturally, undermining the imperatives of justice. In our view, it is also necessary to provide them with the financial and human resources support they require. It is would also be desirable for us to look favourably on the requests that they have recently submitted along those lines. Indeed, it is clear that implementing the completion strategies will require extending mandates, expanding certain Chambers and redeploying judges, while ensuring that qualified administrative and judicial staff are working in motivating conditions that are also satisfactory at the contractual level, given the fact that the two Tribunals are facing serious difficulties in retaining qualified personnel.
Furthermore, we reiterate the need for ongoing efforts to transfer or refer cases to national jurisdictions in the context of the completion strategies. We are fully aware of the obstacles confronting the Tribunals’ efforts, in particular in the case of the International Criminal Tribunal for Rwanda, as the President of that Tribunal pointed out in his remarks. Such referrals to national courts would lighten the Tribunals’ caseload and facilitate the transfer of their archives. The archives could well turn out to be more important than the judicial proceedings in framing the history of those events and facilitate national reconciliation with respect to the events that took place. In addition, the assumption of these cases by national jurisdictions would reflect the principles of the rule of law and fairness.
We are aware that circumstances have changed since the two Tribunals were established at the end of the last century. They were set up as ad hoc bodies in the context of temporary measures aimed at restoring and safeguarding peace and security in the countries concerned. Today, those countries, which were the scenes of crimes and remain the sources of witnesses and evidence, enjoy peace and security. They have seen their judicial capacities strengthen and their legislations develop, allowing them to be seized of such trials and cases within the framework and principles of impartial justice that enjoys the support and assistance of the international community.
In conclusion, implementing the completion strategies for the Tribunals’ work is closely linked to the need for the Council to decide as soon as possible on the legacy of the two Tribunals and the remaining trials following completion through well structured international mechanisms whose future functions and resources are clearly defined. The Informal Working Group on international tribunals is working precisely to that end under the chairmanship of the Austrian delegation. We would like to underscore and commend the excellent work being done by the Working Group with the support of the Secretariat and, in particular, of the Office of Legal Affairs.
We also commend the praiseworthy efforts of the two Tribunals. We greatly hope that those efforts bear fruit and that we shall reach the best possible solutions as soon as possible.
