YouSaid · the spoken record

Brammertz

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454
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2006-03-16
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2023-12-12
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36
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un-security-council

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  1. With thousands of perpetrators from Rwanda and the former Yugoslavia still to be prosecuted, every Member State has the responsibility and opportunity to play its part by providing full cooperation and effective support. We must also recognize that denial is the last resort of genocide ideology. Denial seeks to erase both the victims and the crimes. Therefore, as much as we must continue to seek out and punish the perpetrators, it also falls to us to ensure that the truth is defended and promoted. That is the ultimate responsibility placed upon us by the Genocide Convention, if we are to truly prevent and repress the crime of crimes. My Office remains grateful for the continued support of the Council in all our efforts.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  2. We proved, beyond reasonable doubt, the facts of what occurred, including that the perpetrators acted with intent to destroy protected groups in whole or in part. We also greatly developed the jurisprudence of that crime, notably by recognizing that crimes against women and girls, including rape and forcible transfer, can be integral to genocidal plans. There is no expiration date on the international community’s obligation to prosecute genocide crimes. While international trials for the crimes in Rwanda and the former Yugoslavia have now concluded, with our support, national prosecutors are continuing the work in their own courts.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  3. With the Mechanism’s transition to a purely residual institution, that focus of the evaluation is particularly appropriate. As always, my Office has transparently provided OIOS with access to our records and staff, while also providing all other support and assistance requested. We welcome the OIOS constructive feedback and await its report and recommendations. By way of conclusion, this month marks the seventy-fifth anniversary of the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide. The Convention’s adoption was a landmark development. The ad hoc Tribunals successfully prosecuted genocide crimes committed in Rwanda and the former Yugoslavia, significantly advancing the punishment of that crime.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  4. My Office looks forward to the Council’s upcoming review of the Mechanism’s work, which will commence in the coming months. We again welcome the opportunity for in-depth engagement with the Council on the residual functions and other important matters, including at yesterday’s meeting of the Informal Working Group on International Tribunals. At the Council’s request, the Office of Internal Oversight Services (OIOS) is in the process of finalizing its evaluation of the Mechanism’s methods and work, which will form part of the review process. This year, the OIOS evaluation will focus on the Mechanism’s cooperation with Member States, including in particular how we respond to Member States’ needs and how we contribute to domestic justice processes.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  5. Secondly, utilizing our developed expertise, we provide assistance across a broad range of legal, evidentiary, prosecutorial and strategic matters. One important aspect of that work is the preparation of investigative dossiers for national prosecutors concerning priority accountability gaps that are related to ICTR, the ICTY and Mechanism cases. Thirdly, we offer expert support upon request to national prosecutors concerning fugitives from justice in Rwanda and the countries of the former Yugoslavia. That involves direct operational and diplomatic support to our national partners on those fugitive files. We trust that we will enjoy the full support of the Security Council, Member States and the United Nations in that endeavour.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  6. Similarly, in the former Yugoslavia, all war crimes prosecutors from the region and my Office recently held our annual conference to discuss the implementation of their national working strategies and to discuss solutions on how to overcome the many remaining challenges. They once again emphasized that they depend on continued assistance from my Office. Broadly, we are providing, upon request, three forms of assistance to our national partners. First, we provide access to evidence and information contained within our evidence collection, which totals more than 11 million pages, thousands of hours of audio-visual material and physical artifacts. Our evidence collection is a unique resource representing the most thorough and comprehensive repository of evidence concerning crimes committed in Rwanda and the former Yugoslavia.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  7. In the past several years, we have received more than 300 requests for assistance annually. That tangibly demonstrates the great need for our support. National prosecutors have consistently reinforced those missions. In recent months, I again visited Rwanda and the former Yugoslavia for consultations about domestic justice processes and the support that is needed from my Office. In Rwanda, interlocutors — including in particular the Minister of Justice and the Prosecutor General — have emphasized their focus on bringing to justice those who committed crimes during the 1994 genocide against the Tutsi. To achieve their objective, they have requested intensified support from my Office.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  8. The most important of them is the assistance we provide to national authorities, continuing the accountability process for crimes committed in Rwanda and the former Yugoslavia. That is how we realize the Security Council’s vision that national courts fully take over responsibility from the ICTR and the ICTY. Consistent with the completion strategy, the Council instructed my Office to respond to requests for assistance from national partners. The Rwandan authorities are still seeking to bring to justice more than 1,200 priority fugitive genocidaires. Likewise, prosecutors in the former Yugoslavia still have more than 1,000 suspected war criminals to investigate and, where necessary, prosecute. We also receive requests from domestic authorities in third-party Member States, particularly in Europe and North America.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  9. Kabuga will not face judgment for his role in the suffering of the Rwandan people. But it is within our power to ensure other criminals do, particularly those who continue hiding within diaspora communities around the world. Fulgence Kayishema was arrested in May this year and remains in detention in South Africa pending his initial transfer to Arusha. We trust that South African authorities will ensure Kayishema is transferred to our custody without any further delay. Having further announced the death of Aloys Ndimbati on 14 November, my Office anticipates that we will account for our final two fugitives in the next year. With the completion of our trials and appeals, my Office is now firmly focused on our remaining residual functions.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  10. As we have repeatedly proven, the crimes were committed by senior officials at the apex of power who incited hatred and fear and unleashed unspeakable violence to achieve their political goals. That is the lesson we must ensure is remembered. It is not Serbs, Croats or Bosniaks who are guilty; rather, the crimes were the work of individuals. It is those individuals, from all ethnic groups, whom we have prosecuted and convicted. As President Gatti Santana has reported, trial proceedings in the Kabuga case have come to an end. My Office, and all those who believe in justice, can feel only immense dissatisfaction, not with the judges, of course, whose decision followed past precedent and must be respected. Rather, our dissatisfaction is recognition that the victims and survivors of Kabuga’s crimes have not received the justice they deserve.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  11. Mr. Brammertz: I thank members for the opportunity to again brief the Security Council on my Office’s activities and results. My written progress report (see S/2023/566) provides details. Today I will provide a few highlights on a few key issues. My Office has completed its important mandate to prosecute the final cases of the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY). In May this year, the Appeals Chamber issued its judgment in the Stanišić and Simatović case. The Appeals Chamber accepted my Office’s arguments that Stanišić and Simatović are criminally liable as participants in a joint criminal enterprise to ethnically cleanse large areas of Croatia and Bosnia and Herzegovina.

    2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source

  12. Yet, the results have been beyond expectation, and a significant success for the United Nations. More justice still needs to be achieved and Member States are committed to now taking the lead in that work. Very soon my Office will be fully focused on our remaining residual functions, the most important of which is assisting Member States to continue the accountability process. As a last comment, genocide denial and the glorification of war criminals remain significant concerns. The international community is determined to bring war criminals to trial. It should be equally committed to promoting the truth after those trials are completed. My Office is grateful for the continued support of the Council in all of our efforts.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  13. I fully trust that we will continue to enjoy the Security Council’s support in carrying out that vital mandate, through which Member States themselves take the lead in securing further justice and promoting peace. In conclusion, the past several weeks have seen the Mechanism achieve important results, bringing it much closer to completing its final ad hoc judicial activities. After more than 20 years, Kayishema is no longer a fugitive and will now stand before a court of law. The Stanišić and Simatović appeal judgment brings to an end the important work that the ICTY began in The Hague 30 years ago. In relation to both Rwanda and the former Yugoslavia, the international justice process has been imperfect. Significant time was needed, and there are lessons to be learned from constructive critiques.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  14. In addition, every year, countries around the world identify in their territories persons suspected of committing crimes in Rwanda or the former Yugoslavia, who then need to be extradited or prosecuted domestically. My Office plays a critical role in supporting that continued accountability process. In the past few years, we have received more requests for assistance than ever before. This is a positive sign, as justice is best delivered at the local level. Investigators and prosecutors in many countries look to my Office for assistance in obtaining evidence, preparing investigative strategies, drafting indictments or proving cases in court. That vital assistance, which helps achieve better results, cannot be obtained anywhere else.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  15. That mandate is in furtherance of the International Criminal Tribunal for Rwanda and ICTY completion strategies, which foresaw that even as trials ended in Arusha and The Hague, national courts would take over responsibility for achieving more justice. As my written report details, there can be no question that much more justice still needs to be achieved at the national level. In Rwanda, there are more than 1,000 fugitives to be prosecuted. My Office is already actively working to transfer evidence and case files to the Prosecutor General’s office. In the former Yugoslavia, national prosecutors still must deal with several thousand cases. In addition to evidentiary and legal support, my Office is intensively engaging in resolving challenges in regional judicial cooperation, which remains problematic.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  16. Under the President’s leadership, the Mechanism is actively planning its future as a true residual institution. My Office is fully participating in that process and providing our input and support. In my view, the Mechanism must and will soon be a smaller institution than today. That will mean strictly focusing resources on core functions. At the same time, it is important to recognize that my Office and the Judges of the Mechanism will still have important work to do. For my Office, our focus will be on our mandate under article 28, paragraph 3, to assist national jurisdictions to continue the accountability process for international crimes committed in Rwanda and the former Yugoslavia.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  17. Over 30 years of work, we were able to successfully prosecute senior political, military and police officials from all sides of the conflict. We demonstrated that accountability for the most serious international crimes is possible, while also leaving as our legacy a record of what occurred. I would also like to mention the decision issued by the Trial Chamber last week in the Kabuga case. This decision is not yet final, and will likely be appealed. What I can say at this point is that my Office believes that the trial against Kabuga can and should be completed in a manner that is consistent with the rights of the accused. The arrest of Fulgence Kayishema and the completion of the Stanišić and Simatović case are significant steps bringing the Mechanism closer to finalizing its judicial activities.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  18. My Office is satisfied that the Appeals Chamber accepted key aspects of our appeal. The Judges agreed with us that both accused were criminally responsible as members of a joint criminal enterprise for a larger number of crimes in Bosnia and Herzegovina. As the Chief and the Senior Deputy in the Serbian State Security Service, under Slobodan Milošević, Stanišić and Simatović shared the intention with other Serbian, Croatian Serb and Bosnian Serb leaders to ethnically cleanse non-Serbs from large areas of Croatia and Bosnia and Herzegovina. They further contributed to the implementation of the joint criminal enterprise in important ways, particularly by supporting notorious paramilitary groups. The Appeals Chamber increased their sentences to 15 years of imprisonment each. That judgment is a fitting final chapter in the work of the ICTY.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  19. And, as always, Rwandan authorities made enormous contributions to our success. The Prosecutor General, the Inspector General of Police and many others supported our work in Rwanda and ensured that we were able to obtain vital evidence. My Office would like to extend our deepest gratitude to these countries and others who cooperated with our investigation. The challenges were immense, and it was only by working so closely together that Kayishema was finally located and arrested. There are now only three fugitives remaining. My Office is working intensively to account for them and bring this mandate to a successful conclusion in the near future. One week after Kayishema’s arrest, the Mechanism’s Appeals Chamber delivered its last judgment in the Stanišić and Simatović case, in the International Tribunal for the Former Yugoslavia (ICTY).

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  20. While my Office led the investigation, many Member States — particularly in southern Africa — played a critical role in bringing Kayishema to justice. South Africa is the most obvious. Over the past year, my Office enjoyed the full and unreserved support of the South African authorities, who established an operational task force to assist our investigations. The direct operational cooperation we achieved together was essential to our success, particularly on the final day of the arrest. Eswatini also deserves recognition. Swazi authorities quickly created a task force at our request and worked intensively with our tracking team. Their dedication and cooperation were exceptional. Mozambique was another important partner. I am grateful to the Attorney General for having received my team and pledging her Office’s full support.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  21. He is alleged to have attempted to set the church aflame with refugees inside. When that failed, he organized a bulldozer to collapse the roof of the church, killing those who were still alive. Kayishema’s arrest is a signal moment in the global effort to punish perpetrators of genocide. That kind of result renews faith in international justice. The families of 2,000 victims will now see Kayishema answer for his alleged crimes. The wrongs they suffered 30 years ago can begin to be put right. For the Council and the United Nations, they have demonstrated again the strength of their determination to ensure that genocide is repressed and punished, and that justice for atrocity crimes is a matter of international concern. The arrest also exemplifies what can be achieved through international and national cooperation in law enforcement.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  22. Mr. Brammertz: I thank you, Madam President, for this opportunity to again update the Security Council on my Office’s activities and results. While my written report provides information through 15 May, I would like to focus my briefing today on several important developments in the past few weeks. First, I would like to express my satisfaction that, on 23 May, Fulgence Kayishema — our most wanted Rwandan fugitive — was arrested in Paarl, South Africa. As members will recall, the search for Kayishema was the subject of several of my briefings in recent years, as were the challenges in obtaining needed cooperation. As I have previously explained, Kayishema is charged with the killings of more than 2,000 innocent women, men, children and elderly persons at Nyange Church in Rwanda on 16 April 1994.

    2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source

  23. Our prosecutions of the final Mechanism cases are moving forward expeditiously, and we are actively investigating the current whereabouts of the four remaining ICTR fugitives. We are also providing critical assistance to the national authorities that now have primary responsibility in continuing the accountability process for crimes committed in Rwanda and the former Yugoslavia. In all our efforts, we remain grateful for the support of the Security Council.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  24. In Serbia, civil society embraces the atmosphere of denial and glorification created by political leaders — more than 150 murals of Ratko Mladić have been counted in Belgrade alone. Those are not the words and acts of people on the margins, but of those at the political and cultural centres of the region’s societies. Glorifications of war criminals and revisionist denials of recent atrocities have been mainstreamed. My Office will continue to call on all officials and public figures in the region to act responsibly and put the victims and the suffering of civilians at the forefront of all their activities. In conclusion, I would like to assure the Council that my Office remains firmly focused on its mandated functions.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  25. Prior to joining the European Union, Croatia was at the forefront of promoting justice and effective regional cooperation. Regrettably, it is no longer playing that role. My Office will continue to engage with Croatian authorities to find mutually acceptable solutions, as our goal is to ensure that more victims receive justice. More broadly, my report once again covers issues related to the continuation of the denial of war crimes and the glorification of convicted war criminals in the countries of the former Yugoslavia. In Croatia, the President has continued to question whether genocide was committed in Srebrenica. In Republika Srpska, senior officials, including the Prime Minister, have praised convicted ICTY war criminals.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  26. Such a stance turns justice into a political matter, when it should involve only an impartial judicial assessment of the evidence and the law. I was informed recently that a few requests from Bosnia and Herzegovina have been unblocked. Yet the backlog remains immense, and even more requests will be submitted in the future. The coming period will show whether there has been meaningful change, and we hope that there will be progress as well. In that context, non-governmental organizations and human rights mechanisms have raised further concerns about justice in Croatia. They note that the large majority of cases in Croatia are in absentia trials of Serbian nationals, while notable crimes against Serbs have not yet been addressed. Unfortunately, few victims consequently receive meaningful justice.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  27. In order to achieve meaningful justice, cases must therefore be transferred from the country investigating the crime to the country that can prosecute the suspect. As my written report details, there are important signs of positive progress in cooperation among Bosnia and Herzegovina, Montenegro and Serbia. However, prosecutors in the region report that they do not receive the cooperation they need from Croatia in cases involving Croatian suspects. I have discussed that matter extensively for the past six years with Croatian Ministers of Justice and other interlocutors. As Croatian authorities informed me earlier this year, they believe the investigation and prosecution of their nationals is a national security issue.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  28. That is also reflected in the numbers of requests for assistance that we receive every year. Ten years ago, we received approximately 100 requests for assistance per year. In the past five years, an average of 362 requests per year were submitted to our Office. We anticipate that such trends will continue for a number of years to come and that such requests will increase in complexity and significance. Yet, despite the support that we provide, national prosecutors continue to face other critical challenges. In the former Yugoslavia, the most significant issue remains regional cooperation among prosecution offices. Cooperation among prosecutors in the region is essential because today the victims and the perpetrators often live in different countries.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  29. As my Office moves closer to completing our last cases and accounting for the final fugitives, it is important to remind ourselves that thousands of cases remain to be completed in national courts. As I just mentioned, the Prosecutor General of Rwanda still seeks to prosecute more than 1,000 fugitives for genocide. In Bosnia and Herzegovina, Croatia and Serbia, there are still more than 3,000 suspected perpetrators of war crimes, crimes against humanity and genocide who have yet to be investigated and prosecuted. My Office’s assistance remains essential for completing that work. Our confidential evidence collection contains more than 11 million pages of testimony, reports and records. By providing access to that evidence and the expert knowledge of our staff, we directly support more justice for more victims.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  30. States should be concerned that suspected génocidaires may be living in their territory, and the refugee process needs to be protected by ensuring that those who abuse it are detected and appropriately dealt with. My Office will continue to track the remaining ICTR fugitives. While bringing the four fugitives to justice is a critical step, Rwanda will continue to need assistance from the international community to account for the many other fugitives suspected of genocide. In recognizing that national courts are continuing the work of the ICTR and the ICTY, the Security Council mandated my Office to respond to requests for assistance from domestic investigators and prosecutors around the world. Meeting that mandate continues to be our priority.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  31. They organized, encouraged, led and assisted mass killings at the local level, including as members of the army, police and civilian leadership. In order to escape justice, they lied about their past and abused the refugee process in order to find sanctuary in countries around the world. In their new homes, many continue to promote genocide ideology, encouraging hatred between Hutus and Tutsis. While tracking our ICTR fugitives, my Office has discovered some of the other fugitives who are enjoying impunity in third countries. We will work with those countries’ national authorities, who are responsible for extraditing or prosecuting those individuals.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  32. Our tracking team is now in contact with a number of other countries in Africa, Europe and North America, and we trust that we will receive a positive response to our requests. As always, we continue to receive excellent support from the Government of Rwanda, including the Minister of Justice, the Minister of National Unity and Civic Engagement, the Inspector General of Police and my colleague the Prosecutor General. In that respect, I would like to take this opportunity to brief the Council on an issue that is important to victims and survivors of the 1994 genocide against the Tutsi in Rwanda. Today there are still more than 1,000 fugitives wanted by Rwandan prosecutors for crimes committed during the genocide.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  33. As I previously reported to the Council (see S/PV.9062), since 2018 the investigation had been significantly impeded by challenges in obtaining cooperation from South Africa. However, I am pleased that cooperation with South Africa is now moving in a very positive direction. Thanks to the support of the President of South Africa, a dedicated national investigative team was established to work directly with our tracking team at an operational level. The two teams have met regularly and undertaken coordinated investigations over the past six months. Important results have already been achieved, and our investigation in South Africa is progressing quickly. Looking forward, my Office will continue to need extensive support from national partners.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  34. The effective investigation and prosecution of contempt of court and breaches of witness-protection measures are essential for protecting witnesses and maintaining the integrity of the proceedings conducted by the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY) and the Mechanism. We trust that, by prosecuting those crimes now, we will deter others from similar attempts in the future. Turning to the search for the remaining fugitives, only four remain at large. Our top priority is Fulgence Kayishema, who was indicted for the murders of more than 2,000 women, men, children and elderly refugees at Nyange Church in April 1994.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  35. I would like to highlight my Office’s important work under its mandate to investigate and prosecute contempt-of-court crimes. At the end of June, the Appeals Chamber announced its judgment in the Fatuma et al. case. The Appeals Chamber granted our appeal in its entirety, dismissing all defence appeals. My Office is satisfied that Augustin Ngirabatware’s attempt to influence witnesses in order to overturn his genocide convictions was detected and halted. Five accused, including a defence investigator, were convicted and punished for those crimes.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  36. Since the first witness was called on 5 October, the testimony of 12 of the 54 witnesses has already been heard, and hearings are being held in person and remotely, which has so far proceeded very well from the Mechanism’s different locations. With the encouragement of the Trial Chamber, our team has made extensive use of the available rules to present evidence in writing, which reduces the amount of in-courtroom time we require. Subject to further developments, we hope to be able to complete the presentation of our evidence in the prosecution case in the second quarter of next year. In relation to the Stanišić and Simatović appeal proceeding, the prosecution team is preparing for oral arguments, which are currently scheduled for the end of January.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  37. Mr. Brammertz: I thank members of the Security Council for this opportunity to brief them once again on the activities of the Office of the Prosecutor of the International Residual Mechanism for Criminal Tribunals, the details of which are set out in our report. I will mention some of the most important points and priorities today. At the outset, I would like to congratulate President Gatti Santana on her appointment. I look forward to working with her and her Office, where she has already started in an excellent way. The Mechanism now has only two core crime cases remaining — the Kabuga trial and the Stanišić and Simatović appeal. We are satisfied with the swift progress in the presentation of our evidence in the Kabuga case.

    2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source

  38. While national courts prosecute crimes committed during the Rwandan genocide and the conflicts in the former Yugoslavia, my Office is determined to meet our mandate to fully respond to their requests for assistance. The large number of requests that we continue to receive demonstrates the importance of our support and the need for further accountability. We are grateful for the continued support of the Council in all of our efforts.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  39. We fully trust that the Security Council will join us in those efforts. In conclusion, my Office is satisfied with its continued progress towards completing the remaining trials and appeals. Yet we still have significant work ahead of us in our mandated residual functions. The prosecution of the Kabuga case will be among our most important activities in the coming period and we look forward to the commencement of the trial. Our search for the remaining fugitives indicted by the ICTR continues to be a priority. The coming period will be of decisive importance. In order for that work to be successfully completed, it is critical that the Security Council send an unmistakable message to Member States that cooperation with my Office is required. Without full and effective cooperation, we will be unable to fulfil our mandate.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  40. And what can be the explanation when, in Bosnia and Herzegovina, there is a lack of political support for legislation against the denial of genocide, crimes against humanity and war crimes equally involving victims from every ethnic group? There are some who may say that truth and justice are the source of social conflict. The reality is that genocide denial and the glorification of war criminals are used to prevent reconciliation, provoke hatred and destabilize peace and security. They also condemn present and future generations to bear the burdens of the past. That is true of Rwanda and it is true of the former Yugoslavia. My Office will continue to stand with the victims of the 1994 genocide against the Tutsi in Rwanda and the crimes committed during the conflicts in the former Yugoslavia by promoting the truth and opposing denial.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  41. How can others claim that men like Théoneste Bagosora were only defending Rwanda when his criminal responsibility for the genocide was proven beyond reasonable doubt? Unfortunately, even today it seems that too often, truth and justice do not receive the support they need in words and actions. What message does it send when the Croatian Government takes a political decision to prevent its judiciary from investigating allegations of crimes against Bosnian Serbs? How can politicians of Bosnia and Herzegovina insist on respect for judgments involving their victims but call prosecutions of their commanders politically motivated?

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  42. As a final remark, I am compelled to bring to the Council’s urgent attention once again the continued denial of crimes and the glorification of génocidaires and war criminals. Murals of Ratko Mladić in Belgrade and the publications of extremist Rwandan diaspora groups have one sad thing in common. They demonstrate that today, more than 25 years later, there are still those who deny, relativize and minimize the judicially established facts of genocide, crimes against humanity and war crimes. That should be inconceivable. How can so many still see Mladić as a hero of the Serbian people after his conviction to life imprisonment in a court of law based on immense evidence of his crimes?

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  43. Similarly, the War Crimes Prosecutor’s Office of Serbia continues to request my Office to provide a wide range of support. In response, we have assisted Serbian prosecutors with two important investigations of senior-level suspects. We have also provided evidence to our Serbian colleagues for two more mid-level cases transferred from Bosnia and Herzegovina. The tangible progress being made demonstrates the value of intensified cooperation between our offices. Those developments demonstrate, first, that accountability efforts for crimes during the Rwandan genocide and the conflicts in the former Yugoslavia continue, as the Security Council expected. Secondly, it is clear that evidence and other support from my Office are vital to national prosecutors, confirming the wisdom of mandating my Office to respond to their requests for assistance.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  44. During the reporting period, the Prosecutor General of Rwanda requested my Office to even further strengthen our support for his efforts to locate, investigate and prosecute Rwandan nationals suspected of genocide, particularly those living outside Rwanda. We have now commenced an extensive review of our evidence collection to identify suitable cases for which we can provide the requested expert assistance to the Prosecutor General’s Office. Similarly, in the former Yugoslavia, the Montenegro Special State Prosecutor’s Office requested our support. In response, we prepared and handed over an investigative dossier concerning more than 15 suspects. Many of those suspects are implicated in grave crimes of sexual violence, including sexual slavery, rape, enforced prostitution and human trafficking for sexual exploitation.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  45. Accordingly, my Office’s third strategic priority is to assist national jurisdictions prosecuting international crimes committed in the former Yugoslavia and Rwanda. As my Office has regularly reported, the workload associated with that residual function is much greater than anticipated. In 2013, for example, when I was at the ICTY, we received approximately 100 requests for assistance per year. In each of the past two years, we received nearly 400 — a fourfold increase. We are receiving not only a high volume of requests for assistance but also requests of greater complexity and significance.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  46. However, only a few days ago, I received commitments that senior ministers would raise and support our request at the highest levels of Government. What is needed now is the political will to finally give operational services the green light to work with us. My Office — and the victims of the genocide against the Tutsi in Rwanda — urgently need the Security Council’s support. All of us share the same goal: to finally see the remaining fugitives accounted for so that justice can be achieved and that critical residual function brought to a close. Recognizing that national courts are continuing the work of the ICTR and the ICTY, the Security Council mandated my Office to respond to requests for assistance from domestic investigators and prosecutors around the world.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  47. South Africa failed to arrest the fugitive Fulgence Kayishema and failed to provide critical information. I regret to report that the situation with South Africa is among the most severe instances of non-cooperation my Office has faced since the Mechanism’s establishment. Nonetheless, my Office has continued to propose constructive solutions to help South Africa finally get its cooperation on the right track. Three months ago we submitted an urgent request to establish a joint investigation team authorized to work directly with my Office on an operational level. I also visited Pretoria last month to discuss the situation. Unfortunately, I am unable to provide today a more positive update, as South Africa continues to fail to adhere to its international obligations.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  48. The Zimbabwean authorities reaffirmed their unreserved commitment to provide my Office with full cooperation. In that context, we discussed the positive results achieved recently in our joint efforts, as well as key outstanding issues. As a result of those discussions, I submitted a set of concrete recommendations on how to further improve our cooperation. I further reiterated our pending requests for vital information from Zimbabwean authorities. While I have not yet received a response, I trust that in the coming period I will be able to report that Zimbabwe is providing full and effective cooperation. Regarding South Africa, the Security Council is well aware of the immense challenges my Office has faced for the past three years in obtaining cooperation.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  49. Under the new leadership of our tracking team, we are implementing analysis-driven investigations using advanced tools. We have identified relevant persons of interest and are actively pursuing important leads. The coming period will be of decisive importance. Our current strategies are indeed approaching critical junctures. If we are able to obtain the needed intelligence and evidence, we expect to make further significant progress in our work. As I have repeatedly reported to the Security Council, the success of our efforts depends on the full and effective cooperation of Member States. Two key countries in that regard at present are Zimbabwe and South Africa. With respect to Zimbabwe, in early November I undertook an official mission to Harare, where I met with Vice-President Chiwenga and other senior officials.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source

  50. In accordance with the Security Council’s mandate, my Office further continues to actively search for the remaining six fugitives indicted by the ICTR, which is our second strategic priority. Our most wanted fugitive, the last one to be tried by the Mechanism, is Protais Mpiranya, the former commander of the Presidential Guard. In addition to Mpiranya, my Office is also actively working to locate and account for five other fugitives indicted for genocide, including Fulgence Kayishema, who was previously located in South Africa. While their alleged crimes were committed more than 25 years ago, the need to bring Mpiranya and the others to justice is more urgent today than ever before. My Office continues to achieve significant progress in our investigations into the whereabouts of the remaining fugitives.

    2021-12-13 · UN Security Council · Security Council, S/PV.8927 (2021) · source