DESPITE PROCEDURAL DELAYS, UN WAR TRIBUNALS STILL MAKING PROGRESS, OFFICIALS TELL SECURITY COUNCIL

From: UNNews <UNNews@un.org>
Date: 12 Jun 2013 15:00:01 -0300
Subject: DESPITE PROCEDURAL DELAYS, UN WAR TRIBUNALS STILL MAKING
PROGRESS, OFFICIALS TELL SECURITY COUNCIL
To: news11@ny-mail-p-lb-028.ptc.un.org

DESPITE PROCEDURAL DELAYS, UN WAR TRIBUNALS STILL MAKING PROGRESS,
OFFICIALS TELL SECURITY COUNCILNew York, Jun 12 2013 3:00PMThe United
Nations war crimes tribunals set up in the wake of the 1994 genocide
in Rwanda and the Balkan conflicts of the 1990s are despite various
delays, close to completing their work, their officials told the
Security Council today, stressing that they will need support of the
international community to address remaining challenges.

The President of the International Criminal Tribunal for the former
Yugoslavia (ICTY), Theodor Meron
<"http://icty.org/x/file/Press/Statements%20and%20Speeches/President/130612_pres_meron_un_sc_en.pdf">told
an open meeting of the Council that "while the Tribunal has made
tremendous progress in many respects, there have been some delays in
certain proceedings."

The ICTY, which marked the 20th anniversary of its work just weeks
ago, is tasked by the Council with trying those responsible for the
worst war crimes and breaches of international humanitarian law
committed during the various conflicts in the former Yugoslavia in the
1990s. Since its inception, the court has indicted 161 persons.

Only four trials concerning core statutory crimes remain to be
completed. Three will be completed according to the schedule and one
case which was originally meant to be completed at the end of December
2014 is now anticipated to be completed by July 2015.

Some appellate cases have also been delayed, Mr. Meron said, reminding
the Council of the breadth and complexity of the crimes, as well as
the logistical challenges that the Tribunal faces, including the
distance between the facilities in The Hague, and the location of
witnesses.

"All efforts are being made on the part of the Tribunal to complete
its pending judicial work as quickly as possible while fully
respecting the fundamental rights of its accused and appellants to due
process in accordance with international standards," Mr. Meron said,
adding that while the delays were regrettable, many of the factors
leading tot hem "are not uncommon to criminal proceedings the world
over."

In his capacity as President of the Mechanism for International
Criminal Tribunals, Mr. Meron said "all arrangements are in place to
ensure a seamless transfer of functions from the ICTY to the Hague
branch of the Mechanism on 1 July.

The Council set up the Mechanism in December 2010 to take over and
finish the remaining tasks of both the ICTY and the International
Criminal Tribunal for Rwanda (ICTR) once their respective mandates
expire. The Council has urged the tribunals to conclude their work by
the end of 2014.

The ICTR branch of the Mechanism began its functions on 1 July 2012,
while the branch for the ICTY will start on 1 July 2013.

The Mechanism will assume responsibility for a variety of functions
previously carried out by the ICTY, including the enforcement of
sentences, the provision of assistance to national jurisdiction, and
the protection of victims and witnesses in completed trials, among
other tasks.

As for the ICTR, Mr. Meron said that work on the Mechanism's permanent
premises in Arusha, Tanzania is on track and funding is in place.

However, he expressed concern regarding the situation in Mali, where
17 persons convicted by the ICTR are serving sentences, and said the
Mechanism – which is now responsible for the individuals – is taking
steps to review enforcement practices and looking to increase its
capacity to enforce sentences in Africa and establish enforcement
agreements with new countries.

The ICTR was set up after the 1994 Rwandan genocide, when at least
800,000 ethnic Tutsis and politically moderate Hutus were killed
during a span of three months beginning in April 1994. It

Mr. Meron noted that the Mechanism is also responsible for the trial
of three of the nine individuals indicted by the ICTR, and underlined
that Member States play "an invaluable role in ensuring that fugitives
are apprehended."

ICTR President Vagn Joensen told the Council the Tribunal has
completed all trial work and successfully met all timelines projected
in December for appeals. He added that the transition to the Arusha
branch of the Mechanism is going smoothly.

In spite of this progress, he expressed concern over the issue of
relocating acquitted persons and those released after completion of
their sentence in Tanzania. There are now seven acquitted persons and
three who have been released after completion of their sentences who
remain in safe houses in Arusha under the Tribunal's protection, but
they do not have proper immigration status and are unable to move
about freely.

"The ICTR is deeply concerned about the consequences of failing to
uphold the fundamental right of freedom to live one's life after being
acquitted, and the importance of finding host countries for these
persons before the Tribunal closes cannot be stressed enough," Mr.
Joensen said. "We call upon all Member States […] to assist with this
persistent problem."

The Council also heard from the Prosecutors Serge Brammertz and Hassan
B. Jallow, of the ICTY and ICTR, respectively.

Mr. Brammertz stressed that the ICTR's work will only be completed
when all fugitives have been arrested and brought to justice, and said
the Mechanism is committed to supplement Rwandan efforts to track the
six fugitives whose cases have been referred to the country's judicial
system. He also called on the Council to request all Member States to
support the Mechanism and the Rwandan Government to this end.

For his part, Mr. Jallow emphasized the importance of having all
parties commit to making national war crimes strategies successful. He
stated that the two regional co-operation protocols for war crimes
prosecutions – one between Serbia and Bosnia and Herzegovina and the
other between Croatia and Bosnia and Herzegovina – were a sign of
progress, but stressed that States must "turn their words into
concrete action."Jun 12 2013 3:00PM
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