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Brammertz

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2006-03-16
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2023-12-12
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  1. We know that there is an increasing interest among many stakeholders in accessing such information, and we are committed to sharing it. We will continue to encourage the national authorities, especially those of Bosnia and Herzegovina, to take full advantage of the resources available to them within my Office in order to ensure accountability for the crimes committed. More broadly, we know that finding creative and effective new strategies for national capacity-building is a priority area if we are to construct a more coherent and complete international justice system. We will ensure that our experience and expertise are available as a building block for that process.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  2. We have also assisted other parts of the United Nations system, such as the Office of the High Commissioner for Human Rights and UN-Women, in that regard. In that way, we have been pleased to reinforce the operational capacity available within the international community for investigating and prosecuting international crimes. To the extent compatible with our core functions of trial and appellate work, we will remain open to further requests to assist in the future. In conclusion, as downsizing continues in compliance with the completion strategy, my Office remains firmly focused on the final trials and appeals, which are among the most important and complex in the Tribunal's history. We are also taking a deep and reflective look at the practices that we have developed and the lessons learned over the past 21 years.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  3. One such effort is the United Kingdom's Preventing Sexual Violence Initiative, launched in May 2012 by Foreign Secretary William Hague. We will be present at the Global Summit to End Sexual Violence in Conflict in London next week and look forward to sharing our insights and expertise as part of that unprecedented dialogue on conflict-related sexual violence. On a similar theme, we are pleased that, of course within the constraints of our available capacity, the expertise within my Office is being channelled into rule of law capacity-building efforts across the world. Periodically, we have been called upon to advise and assist in post-conflict accountability processes in the Middle East, Africa and South America.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  4. We know that such crimes occurred in shockingly high numbers during the conflict in the former Yugoslavia and that many of them remain unaddressed. We also know that crimes of large-scale sexual violence continue to characterize ongoing conflicts around the world. We plan to make available our experience over the past 21 years in navigating some of the distinctive obstacles that arise in sexual Violence cases. The paper will be of interest to a range of actors, including the national authorities of the former Yugoslavia and other countries around the world. Our work also reinforces other efforts currently under way within the international community to elevate the priority accorded to crimes of sexual violence and to improve the guidance available to those investigating and documenting such crimes.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  5. My Office also recognizes the efforts of the Organization for Security and Cooperation in Europe (OSCE) mission in Bosnia and Herzegovina to set up a new and more coordinated national training programme for war crimes cases. As emphasized in a report prepared on behalf of my Office last year, a comprehensive and coordinated training programme is an essential precondition for successfully implementing the National War Crimes Strategy. My Office remains available to work with the OSCE and other relevant partners to integrate the knowledge and expertise of the International Tribunal for the Former Yugoslavia into the programme. My Office is in the process of finalizing the first edition of a paper that records our best practices and lessons learned with respect to investigating and prosecuting crimes of sexual violence.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  6. That is three years after the deadline originally prescribed. Then there is the far larger backlog of less complex cases, many of which still await investigation and, in some cases, the start of investigations. Serious action is required if that large volume of cases is to be completed by the 2023 deadline. The delay does not arise solely from a lack of resources. There is little commitment on the part of the responsible institutions to prioritizing war crimes investigations and prosecutions. While more resources alone will not solve some of the fundamental problems of the National War Crimes Strategy, my Office welcomes the justice budgetary support of the Instrument for Pre-accession Assistance, funded by the European Union, which aims to strengthen resources for war crimes processing.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  7. Only one indictment in relation to those investigation files was issued in the current reporting period, leaving the other seven files pending, with no discernible progress made. In April, I had in-depth discussions with representatives of the Office of the Prosecutor of Bosnia and Herzegovina but did not receive convincing explanations for the absence of relevant activity on the remaining files. That situation cannot continue. The responsible authorities must commit to a dramatic improvement in processing the category II cases. More generally, the Bosnia and Herzegovina National War Crimes Strategy is considerably delayed and a large backlog of cases remains. According to the Office of the Prosecutor of Bosnia and Herzegovina, around 350 complex cases should be completed by the end of 2018.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  8. I am also pleased to note that additional cooperation protocols have been concluded among the countries of the former Yugoslavia on war crimes issues and that information exchanges are taking place. That is clearly an improvement, and we encourage the national authorities to translate the goodwill enshrined in the protocols into more visible action. When it comes to implementing the Bosnia and Herzegovina National War Crimes Strategy, the picture is unfortunately bleak. As I have reported over the past four periods, very little progress has been made towards finalizing the remaining category II cases, the last of which my Office transferred to Bosnia and Herzegovina in 2009.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  9. In correcting those errors, the Appeals Chamber has strengthened the foundations for holding senior officials accountable for crimes of sexual violence amid a violent criminal campaign. Secondly, in the Sainovic' et al. case, the Appeals Chamber affirmed that specific direction is not a requirement for aiding and abetting, thereby bringing the Tribunal's case law back in line with customary international law. I am pleased to report that the day-to-day cooperation between my Office and the countries of the former Yugoslavia continues smoothly. Serbia, Croatia and Bosnia and Herzegovina have responded as required to our requests for assistance and have generally facilitated our work on the remaining trials and appeals. We call upon the national authorities to maintain that good cooperation throughout the next reporting period and beyond.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  10. The trial judgement in the Seselj case is still pending. The Appeals Division of the Office of the Prosecutor is presently occupied with five appeals. I would like to refer the Council to the full written statement for more details in that regard. The appeal judgements earlier this year in the Sainovie et al. and Bordevie cases established two additional legal precedents with far-reaching and positive significance for both the Tribunal and for international criminal law. First, in both cases, the Appeals Chamber corrected errors at the trial level that resulted in unduly restrictive approaches to assessing whether the accused could foresee crimes of sexual violence.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  11. Mr. Brammertz: I thank you, Mr. President, for the opportunity to address the Council on our progress towards the completion of our mandate. As forecast in my December address (see S/PV.7073), in this reporting period the Prosecution finished presenting its evidence in all the remaining trials. We are now well and truly in the final phase of our work. In the Karadzie case, the defence case has closed and the parties are now preparing their final trial briefs and closing arguments for late August and September, respectively. Following the closing of the Prosecution's case in both the Mladie and the Hadiie cases, the respective Trial Chambers denied the defence motions for acquittal. As a result, the Mladic' defence began presenting its evidence two weeks ago and the defence in the Hadiie case is scheduled to begin on 3 July.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  12. Without their courage and commitment to the Tribunal's success, we would have achieved very little. At the same time, we are conscious that recent developments have seriously strained the Tribunal's relationship oftrust with victims and survivors. My Office reiterates its commitment to using the last phase of our work to address those concerns.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  13. There are lessons to learn from the different models and structures adopted by the countries of the former Yugoslavia, which have assumed responsibility for war crimes cases. There are also lessons to learn from the process by which the Tribunal has transferred expertise and helped to build capacity nationally. That is an ongoing process. Within the limits of our resource constraints, my Office remains engaged in several innovative capacity- building projects. Twenty years after the Tribunal opened its doors we are yet to fully deliver on our promise of justice for victims and survivors of atrocities in the former Yugoslavia. Their expectations are high - and rightly so. In coming forward to testify in proceedings before our Tribunal and elsewhere, many have confronted deep-seated fears and trauma.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  14. We are pleased to note that following the recent conclusion of cooperation protocols, regular meetings are taking place and information on cases is being exchanged. However, further reforms are still needed to resolve ongoing coordination problems, especially the legal barriers that remain to extradition. When we survey developments in the field of international criminal law over the past few years, it is clear that the future of international justice is, increasingly, national justice. While international courts will always be needed to provide an accountability safety net, building the capacity of national systems to effectively handle crimes under international law is the lynchpin of the justice system. In that respect, the former Yugoslavia provides an important precedent.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  15. The release of those prisoners poses a threat to the proper conclusion of the cases and undermines public confidence in the administration of justice. The significance of the issue is reinforced by the fact that up to 40 additional convicted persons have appealed their verdicts and sentences before the Constitutional Court ofBosnia and Herzegovina. We encourage all concerned to urgently find coherent ways of addressing the fairness issues identified in the Maktoufand Damjanovie ruling, while at the same time safeguarding the proper administration ofjustice in war crimes cases. When it comes to regional cooperation between Croatia, Serbia, and Bosnia and Herzegovina on war crimes issues, the picture is mixed.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  16. My Office appreciates the support of our international partners, particularly the Organization for Security and Cooperation in Europe, the European Union and the United Nations Development Programme, in working to improve the coordination and quality of training for war crimes cases in Bosnia and Herzegovina. We hope there will be Visible progress in the next reporting period. Thirdly, the implementation of the European Court of Human Rights' decision in the Maktouf and Damjanovic' case by the judicial system in Bosnia and Herzegovina has raised a number of issues. Among them is the unconditional release from custody of 12 persons convicted by the State Court of serious crimes - including, in some cases, genocide - pending correction of their sentences.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  17. In October this year, I met with the Chief Prosecutor in Sarajevo to review the outstanding case files. I received an undertaking that a decision would be made on the status of each case before the end of this year, and I await a further update. Secondly, the national war crimes strategy is floundering. Measures taken to relieve the bottleneck of cases before the State Court have not yet been matched with essential resources for the entity-level courts receiving the cases. Nor is there currently an effective strategy for training national personnel for war crimes cases. As set out in an expert report prepared on behalf of my Office, a comprehensive national training programme, implemented by officially designated central bodies, is urgently required.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  18. When it comes to cooperation between the Tribunal and the countries of the former Yugoslavia on day-to- day matters, I am pleased to say there are no problems. Serbia, Croatia, and Bosnia and Herzegovina have responded as required to our requests for assistance and have facilitated our work on the remaining trials and appeals. We thank the national authorities for their cooperation, and we call upon them to maintain that positive approach in the next reporting period. We remain seriously concerned, however, about the progress of national war crimes cases in Bosnia and Herzegovina. The main issues are threefold. First, very little progress has been made towards finalizing 9 of the 13 category II cases transferred by my Office to Bosnia and Herzegovina between 2005 and 2009.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  19. The size of the grave and the calculated planning that obviously informed its design, underscore the extent of the tragedy in Bosnia and Herzegovina. The Tomasica grave is also a timely reminder that efforts to resolve the issue of persons still missing from the conflicts in the former Yugoslavia must be accelerated. In that regard, I express my full support for the International Commission on Missing Persons, which is working hard to provide families of the missing with long-awaited and desperately needed information, thereby helping to advance the reconstruction of communities. We endorse the idea of establishing the Commission as a permanent institution so that its expertise can also be made more systematically available in other regions of the world where work is needed on missing persons.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  20. A newjudge was appointed on 31 October, and the parties await the Trial Chamber's further directions about the finalization of the case. The Tribunal is now 20 years old. But events during this reporting period remind us that many people in the former Yugoslavia are still waiting for answers about the fate of their loved ones. In particular, since September this year, the International Commission on Missing Persons, along with national authorities, has been exhuming the recently discovered Tomasica mass grave in north-western Bosnia and Herzegovina. It is one of the largest graves uncovered, with more than 474 bodily remains so far exhumed. That number is expected to rise before work on the grave is complete.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  21. I acknowledge the tremendous effort of staff members across my Office, which has facilitated the expeditious presentation of evidence in our final cases. The trial teams, with essential support from the Appeals Division, have coped with a staggering workload and successfully confronted many challenges throughout the reporting period. Contrasting with this positive progress, the Seselj' case suffered a serious setback. The delivery of the trial judgement, scheduled for 13 October 2013, was postponed following the disqualification of a judge from the Seselj Trial Chamber. Concerns raised by the Prosecution and by members of the Seselj Trial Chamber regarding the validity of the disqualification decision were dismissed.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  22. Mr. Brammertz: I would like to thank the Council for this opportunity to address it on our progress towards the completion of our mandate. In this reporting period, we have advanced significantly towards the conclusion of our remaining three trials. In the Karadeic' case the defence is in the final phase ofpresenting its evidence. In the Hadeic' case the Prosecution has finished presenting its evidence and is preparing for the rule 98 bis hearing later this month. And in the Mladic' case the Prosecution is in the final stages of presenting its evidence and expects to finish by the end of the year. That means that, by early 2014, the Prosecution will have finished presenting its evidence-in-chief in all trials before the Tribunal.

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  23. We also hope that the international community will see that ICTY staff members are a tremendous resource for future international justice initiatives and a highly transferable asset for the United Nations system more generally.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  24. Nevertheless, our core concern is to ensure an effective transition and the best possible outcome in each one of our cases, regardless of whether it will be ultimately completed by the ICTY or the Mechanism. Safeguarding the quality of our work also requires attention to the issue of staff retention, as was mentioned by the two Presidents. The loss of key staff members of the Tribunal at critical junctures in our work poses a significant challenge. In our Office, we are seeking creative ways of encouraging our staff members to stay at the ICTY. We want our personnel to see their work through. At the same time, we want to help them make a successful transition to the next step in their careers. Retention incentives are the key to meeting that objective.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  25. During my recent visits, survivor communities expressed significant frustration in that regard, and authorities in the region must urgently refocus on locating missing persons, regardless of their ethnicity. As we enter the ICTY's twenty-first year of operations, the thousands who survived crimes committed during the conflicts in the former Yugoslavia should be foremost in our minds. For them, the passage of 20 years has little meaning. The crimes that they lived through and the crimes that took away their loved ones are ever-present, and we must redouble our efforts to facilitate redress for them. We are now just a few short weeks from the start date of The Hague branch of the Residual Mechanism. The parallel establishment of the Mechanism while the ICTY's work continues has resulted in a more complex operational framework.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  26. More generally, we strongly encourage the responsible authorities to make adequate resources available in order for them to successfully implement their national war crimes strategies. We also ask the States Members of the United Nations to remain committed to ensuring positive results. I would like to highlight two other issues concerning regional commitment to the rule of law. The first is Serbia's work on fugitive networks. Serbia's efforts to establish accountability for those who have assisted ICTY fugitives to evade justice is a work in progress, and we ask that it be finalized promptly and effectively. The second issue is the lack of progress in locating missing persons, including through exhuming mass graves.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  27. We are particularly grateful to partners such as the European Union, UN-Women, the Organization for Security and Cooperation in Europe and the United Nations Development Programme, which are working with us on many of the initiatives I have mentioned today. But it is also clear that our efforts will bear little fruit until political leaders on all sides genuinely commit to making national war crimes strategies successful, and more needs to be done. In the reporting period, we saw signs of progress with the conclusion of two regional cooperation protocols for war-crimes prosecutions: one between Serbia and Bosnia and Herzegovina, and the other between Croatia and Bosnia and Herzegovina. That is a step in the right direction, but the States involved must now turn their words into concrete actions.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  28. We have a number of other ongoing initiatives to build capacity, including a detailed proposal for a coordinated and comprehensive training programme; the development of resources to transfer expertise from the ICTY for the purposes of sexual Violence prosecutions, which still represents a very important challenge for our colleagues in the region; and the joint ICTY/European Union Liaison Prosecutor and Young Professionals Programme, which is now in its fourth year. It is clear that the international community is playing a very important role in terms of capacity-building in Bosnia and Herzegovina.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  29. In my recent reports and briefings to the Security Council, problems relating to national war crimes strategies in the former Yugoslavia - in particular, in Bosnia and Herzegovina - have become an increasingly disturbing refrain. Those problems remain, and urgent action is needed on many fronts if the situation is to be corrected. In that regard, I will travel to Sarajevo at the end of June for in-depth discussions on the status of the nine pending Category II cases transferred from my Office to Bosnia and Herzegovina some years ago. At the same time, we will hold a practical information session in Sarajevo for entity-level prosecutors about accessing materials from our databases. We want a greater commitment to using the resources available in our databases in The Hague.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  30. For example, in Mladic', the Prosecution has reduced the number of witnesses planned from 200 to 170, after verifying that it would not have a negative impact on the outcome of the case. If the current pace continues, the Prosecution will complete its cases in both Mladie and Hadeie well before the end of this year. The Prosecution's work on the last trials and appeals has been helped by good cooperation from Croatia, Serbia and Bosnia and Herzegovina. Each of those countries has responded appropriately to our requests for assistance concerning documents and access to witnesses. We will continue to require their prompt and effective responses to our requests in the next reporting period.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  31. But, despite the rising crescendo of debate about the Tribunal, we will remain focused on successfully completing our last cases. The Karadeic' trial is now well into the defence evidence presentation phase of the case. If the current swift pace continues, it will be completed before the end of this year. To promote efficiency, the Karadeic' prosecution team has devised cross-examinations that minimize court time While ensuring that the evidence is properly tested. In both the Mladic' andHadeie cases, the Prosecution is continuing with its presentation of evidence. In those cases too, efficiency techniques developed over previous years are minimizing the amount of court time used. At the same time, the Prosecution is constantly reassessing its strategy to further expedite the process.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  32. Mr. Brammertz: Thank you, Mr. President, for this opportunity to address the Council on our progress towards the completion of our mandate. In the reporting period, as we marked 20 years since the creation of the International Tribunal for the Former Yugoslavia (ICTY), we witnessed significant critique of the Tribunal's work. Never before has so much been said and written about our cases, our legacy and our contribution to reconciliation in the region. Certainly for the Office of the Prosecutor, it has been a difficult and challenging period. As a party to the proceedings, we must accept the judgements issued. However, we are using and will continue to use all remaining legal mechanisms to press for the outcomes that we think are just and which properly reflect the culpability of the accused persons brought before the Tribunal.

    2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source

  33. Therefore, I encourage the national authorities in the region to continue the fight against impunity within their jurisdictions, including through increasing regional cooperation. I assure those authorities that my Office will provide support to achieve those goals.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  34. The commencement of the ICTY branch of the Residual Mechanism for Criminal Tribunals on 1 July 2013 rapidly draws near. My Office increasingly turns its attention to promoting a smooth transition to the Mechanism, and with regard to human resources issues, we very much support our colleague Prosecutor Jallow. I do not want to conclude without mentioning the recent judgements in the cases of Gotovina and Markae, and Haradinaj, Balaj and Brahimaj, which resulted in a number of reactions about the Tribunal's capacity to promote justice in the former Yugoslavia. While the underlying reasons for the acquittals in those two cases are very different, there can be no doubt that serious crimes were documented in the course of the proceedings. The victims of those crimes have the right to justice.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  35. One of the contributing problems is the limited capacity not only of the State-level courts but also of the entity-level courts that are increasingly taking over responsibility for those cases. Comprehensive measures must be taken to remedy the situation. To assist in finding solutions, we have turned greater attention to building capacity in the region to prosecute war crimes cases. We continue to pursue our long-standing strategies for channeling expertise to the national authorities, including through our transition team and the integration of liaison prosecutors in our Office. We also continue to support the work of our international partners, including the European Union, the Organization for Security and Cooperation in Europe and the United Nations Development Programme, to train prosecutors in the region.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  36. If effectively implemented, it will offer practical solutions for improving investigative capacity and strengthening the professional interaction between the Prosecutors' Offices. We welcome that recent development and encourage the parties to sign the protocol without further delay. The success of the Tribunal will ultimately be measured by the success of the transition from our work to national war crimes prosecutions. Regrettably, national authorities continue to face difficulties in prosecuting war crimes cases, particularly in Bosnia and Herzegovina. In addition to the investigative materials transferred by my Office, Bosnia and Herzegovina has a backlog ofhundreds ofcases and no prospect ofmeeting its 2015 and 2017 war crimes strategy deadlines.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  37. During my last trip to Serbia in October, the new Government assured me that it will maintain the previous positive level of cooperation. Since our last report (S/2011/473), Serbia has also intensified its efforts to investigate support networks responsible for helping ICTY fugitives, including Mladie and Hadzie, evade justice for so many years. Cooperation between Serbia and Bosnia and Herzegovina will also soon take a positive step forward. The legal barriers to the protocol on cooperation between their Prosecutors' Offices on the exchange of evidence and information in war crimes cases have been removed, and Serbia and Bosnia and Herzegovina will sign the protocol in the near future.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  38. As all other trials concluded during the reporting period, the Appeals Division is preparing for an influx of appellate work. By the end of this year one trial judgement will be issued, and a further three judgements involving multiple accused are scheduled for early 2013. During the reporting period, in addition to its appellate work, the Appeals Division provided substantial assistance to the Trial Division, which is reducing in size as posts are progressively abolished. Day-to-day cooperation provided by the States of the former Yugoslavia to the Office of the Prosecutor is still crucial for the successful completion of our remaining trials and appeals. Croatia, Serbia and Bosnia and Herzegovina continue to respond to our requests for assistance in a timely manner, and they fully met our expectations during the reporting period.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  39. The Prosecution has implemented strategies to present its evidence efficiently so that, at its current rate, the prosecution case will also conclude in July 2013. The Karadeic' trial transitioned from the prosecution case to the defence case during the reporting period. At the conclusion of the prosecution case, the accused asked the Trial Chamber to find he had no case to answer. The Trial Chamber dismissed his motion on all counts, with the exception of the count related to genocide in municipalities throughout Bosnia and Herzegovina in 1992. Both parties' appeals against the decision have now been fully briefed and are pending adjudication by the Appeals Chamber. The Stanisic' and Simatovic' trial will conclude by the end of the year with the presentation of the parties' closing arguments.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  40. Mr. Brammertz: Thank you, Mr. President, for this opportunity to address the Council on our progress towards the completion of our mandate. A major goal was met in the past reporting period with the commencement in October of the last trial in the International Tribunal for the Former Yugoslavia (ICTY) , the Hadeie case. Goran HadZic' is accused of some of the first crimes committed in 1991 in the conflict in the former Yugoslavia. Extensive pre-trial preparation and timely disclosures to the defence have contributed to the expeditious conduct of the trial to date. The Prosecution currently expects to conclude its case in early summer 2013. Important progress was also made in our three other remaining trials. The trial against Ratko Mladic' has progressed steadily since commencement of the Prosecutor's evidence in chief in July.

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  41. Political support from all sides in Bosnia and Herzegovina is needed to resolve the problem. Finally, I want to say that recent comments made by the newly elected President of Serbia, who denied that genocide occurred in Srebrenica in July 1995, are not acceptable. His statements contravene the legal and factual findings of the ICTY and the International Court of Justice. Such rhetoric is a backwards step, aggravates the Victims' suffering and jeopardizes the fragile process of reconciliation in the former Yugoslavia.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  42. Even so, we see serious problems in the implementation of national war crimes strategies, particularly in Bosnia and Herzegovina, where thousands of serious crimes still require follow-up. Unless it is made a top priority and more resources are allocated, the national war crimes strategy in Bosnia and Herzegovina will fail. The successful implementation of national war crimes strategies also depends on greater regional cooperation, particularly between Serbia and Bosnia and Herzegovina. The proposed war crimes cooperation protocol between prosecution offices in those two countries has still not been signed, almost one year after the initial target date for signature. During my meetings in Sarajevo in May, I received no satisfactory explanation for the delay.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  43. We have integrated into our Office liaison prosecutors from Serbia, Croatia, and Bosnia and Herzegovina, who serve as an interface between international and national justice. We remain grateful to the European Union for its continued financial support for those programmes. In 2011 alone, liaison prosecutors accessed more than 150,000 pages from our evidence collection for use in national proceedings. Regional requests for assistance are also growing in number. We expect that trend to continue beyond the closure of the ICTY. The Residual Mechanism will need strategies to facilitate those requests. We are working with our prosecution counterparts at the International Criminal Tribunal for Rwanda to put effective Residual Mechanism structures in place for responding to requests from national authorities.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  44. The second problematic area in terms of cooperation with my Office is Bosnia and Herzegovina's slow progress in processing investigative materials transferred as part of our completion strategy. Nine of the 13 files transferred by my Office to the Office ofthe Prosecutor of Bosnia and Herzegovina are still pending, and we have not seen concrete evidence of progress since 2008. Bosnia and Herzegovina must take steps to resolve that situation. The successful completion of the ICTY mandate depends upon a successful transition from our work to national war crimes prosecutions in the countries of the former Yugoslavia. We have adopted strategies for channelling our expertise in Balkans war crimes prosecutions to national authorities.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  45. There are two exceptions to the generally satisfactory level of cooperation with States of the former Yugoslavia, which are impacting on Tribunal processes and on its legacy. First, we remain concerned by Serbia's lack of progress towards investigating and prosecuting individuals who assisted ICTY fugitives while at large. We raised that issue repeatedly over the past few years, but we see little evidence of action. We expect answers to our questions as to how fugitives like Karadiie and Mladie were able to evade justice for so many years, and whether State officials were involved in aiding them. During my visit to Belgrade on 22 May, the Serbian prosecutor for war crimes committed to conducting more in-depth investigations into the fugitive networks in the coming months. We await the results as a matter of priority.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  46. Staff with knowledge of ICTY cases and relevant professional skills will be needed beyond 2014, through the completion of the last ICTY appeals before the Residual Mechanism. Strategies must be put in place to promote their continued availability. The day-to-day cooperation provided by States of the former Yugoslavia to the Office of the Prosecutor fully meets expectations. With no more ICTY fugitives, we can now largely focus on routine requests concerning documents and witnesses in ongoing cases. Given our busy case schedule in the coming months, we will continue to rely on prompt and effective responses to our requests from Croatia, Serbia, and Bosnia and Herzegovina. We look forward to the continuation of our productive working relationships with regional counterparts in the next reporting period.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  47. Hearings will be held in June for the Trial Chamber to determine whether Karadzic' has a case to answer. If so, Karadzie will begin presenting his case in October, allowing him a fair time period to finalize preparations for his defence case. As we approach the completion of our mandate, it is increasingly important to use our resources flexibly. We have overcome a period without regular budget funds for the Mladie and Hadfie cases, unprecedented demands on our document search and review capabilities for defence disclosure purposes, and high rates of staff departures at critical times. The attrition of staff that had been forecast has become a reality, and there is no mechanism in place for reversing the problem. We cannot expect our staff to remain without appropriate acknowledgement of their essential role in the Tribunal's work.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  48. That long-awaited development took place less than one year from the date of Mladie's arrest. After Mladie's 16-year run from justice, the start of his trial was a significant day for the Tribunal and for the many victims of the alleged crimes. In Karadeie, the Prosecution completed its evidence presentation in just under the allocated 300 hours. The Prosecution tendered more than 6,000 exhibits, reflecting the magnitude of a case spanning crimes committed during the 44-month siege of Sarajevo, the July 1995 atrocities in Srebrenica, crimes across 19 municipalities in Bosnia and Herzegovina and the taking of United Nations personnel hostage. Coordinating that volume of evidence, ensuring a seamless flow of witnesses and keeping to the strict deadlines imposed by the Trial Chamber was an onerous task.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  49. Mr. Brammertz: I would like to thank you, Mr. President, for this opportunity to address the Security Council on the progress towards the completion of our mandate. A series of trials at the International Criminal Tribunal for the formar Yugoslavia (ICTY) is now approaching completion. By October, when the Hadeic' trial will begin, only three cases will remain at the trial-evidence presentation stage. At the same time, we are working diligently to prepare for the intense appellate caseload anticipated. Five trial judgements, involving 14 defendants, are expected by the end of this year In this reporting period, further progress has been reached in two of our most significant cases, namely, Mladic' and Karadeie. The Mladic' trial commenced on 16 May with the Prosecution's opening statement.

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  50. If they have the courage and commitment, those leaders could choose a future built on accountability and the rule of law, instead of nationalism and strife. But to succeed they will have to put aside narrow-minded and short-term political agendas. The international community, too, has a critical role to play. We ask the Security Council to show the same commitment and vision in helping States in the region cement their commitment to justice, as it has shown over the past two decades in building the ICTY's success.

    2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source