YouSaid · the spoken record

Del Ponte

lines on the record: 252
first: 1999-11-10
most recent: 2007-12-10
sittings or episodes: 13
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“The judges of the Trial Chamber decided that it was really too dangerous, because what is going on in this demonstration of his friends' relationship with the accused has a chilling effect on the witnesses. I cannot give the Council details because an investigation is ongoing. We informed the Legal Officer of the Secretary-General in summary - very brief summary, because the investigation is ongoing - and it will be possible, when the investigation is finished in due course, to inform the Security Council, if needed.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Tribunal must be able to fulfil that mandate, but it is the Council's choice whether or not Karadzic and Mladic will be confronted by international justice. Regarding the question about the United Nations Interim Administration Mission in Kosovo and its relationship with our accused, Haradinaj, I must tell the Council that we closed the prosecution's case without being able to obtain the testimony in court of two or three extremely important witnesses. Haradinaj remains in detention, although he has asked for provisional release during the Christmas holiday. We have, unfortunately, some accused who have provisional release for the Christmas holiday - that is another particularity that we do not have in our national system - but fortunately, Haradinaj could not be provisionally released.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Ms. Del Ponte: First of all, Sir, thank you very much for your words of appreciation. I shall take them with me with gratitude. I would like to tell the Council that the International Tribunal for the Former Yugoslavia was established to put on trial those most responsible for the crimes committed during the conflict in the former Yugoslavia. Those most responsible are Karadzic and Mladic. The Council will therefore have the choice and the responsibility to decide whether or not the Tribunal can fulfil the mandate the Council gave it. That will be a decision that will confront the Council very, very soon. It is impossible to envisage that Karadzic and Mladic can go on trial in Belgrade. It is absolutely unimaginable. They are considered to be heroes. The Tribunal has a precise mandate.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Let us not, by our failure to act, give them reason to feel that any stone was left unturned in the pursuit of justice for those most responsible for the terrible crimes committed in the former Yugoslavia. I therefore hope that the Council and the international community will continue to provide the critical support that the International Tribunal will need during the crucial coming years, and that international justice will prevail. I agreed to an extension of my mandate in order to complete some unfinished business: arresting Ratko Mladic and Radovan Karadzic. I now leave that unfinished business to my successor. I hope that he will not come before the Council again and again, repeating the same words on the same topic: Serbia's cooperation and the arrest of fugitives.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The International Criminal Tribunal for the former Yugoslavia has achieved a great deal. It has accomplished most of its goals and has paved a wide and solid road for international justice. For this, we have to thank the highly dedicated and committed staff of the Office of the Prosecutor and the International Tribunal as a whole. And yet, I will leave this institution with a feeling of disappointment. I am disappointed because of commitments that were not honoured and the legacy that may be left behind for the many victims who will not see justice. It is for them that the International Tribunal was established by the Security Council to try those who are still at large.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“They were negotiating with him in the spring of 2006, and they knew his exact whereabouts. And yet, they chose not to arrest him. I urge the international community to seriously address this issue. I ask in particular the European Union member States and the European Union's Commission to maintain their principled position by insisting on Serbia's full cooperation with the International Tribunal as a condition in the European Union pre-accession and accession process. Let me be clear: full cooperation with the International Tribunal signifies the arrest and transfer of Ratko Mladic. European Union conditionality has in recent years been the most effective tool to obtain the transfer of ICTY fugitives. I am convinced that the arrest of the remaining four fugitives will be achieved only if this policy is upheld.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“I believe that serious structural deficiencies in the Serbian approach, as well as wilful obstruction of cooperation with the International Tribunal, lie behind this failure to arrest those most responsible for the most heinous of crimes. I urge the authorities in Serbia to take action because it is now high time to take the necessary steps that would lead to the arrest of the fugitives. Certainly, Serbia's representatives will argue the contrary. They will say that Serbia has done a great deal and should therefore be given unconditional support immediately. They will say that Serbia has transferred many indictees to the International Tribunal. What they fail to say is that most of them have agreed to voluntarily surrender to the International Tribunal. The Serbian authorities thought they could persuade Ratko Mladic to do the same.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“For several years immediately after the war, the responsibility for arresting the Tribunal's indictees was with the international forces in Bosnia and Herzegovina who, in the purported interest of a fragile peace, failed to arrest them. It is no secret that both Ratko Mladic and Radovan Karadzic have been repeatedly sighted in recent years in Serbia, but the authorities failed to take action. I have reliable information that Radovan Karadzic spent time in Belgrade, using his own name, as late as 2004. I have already spoken about negotiations with Ratko Mladic last year and I have reported extensively that another fugitive, Goran Hadzic, was assisted in his escape in 2004. Although Serbia has the capacity and the know- how, it has repeatedly failed to act.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Despite the Serbian authorities' declared commitment to fully cooperate with my Office and to improve procedures, there is no clear road map, no clear plan in the search for fugitives, no serious leads and no sign that serious efforts have been taken to arrest the fugitives. There are, of course, individuals who work hard on these issues. However, this is not a job for any one individual. This is a job that requires the full commitment of the State and of all of its relevant institutions. Unfortunately, we have seen that level of commitment only in words, not in deeds. I cannot deny that steps have been taken, but they have been slow and inefficient. They definitely do not match the urgency of the moment. In short, there is no full cooperation with my Office.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Important operational decisions are not implemented or are implemented too slowly or postponed indefinitely, for reasons which are not always clear. Let me give the Council a very specific example. The Serbian authorities have refused to conduct even the most basic investigative procedures, such as conducting a search of the residence of a relative of a fugitive, out of concern for political repercussions. The civilian intelligence service is unwilling to cooperate more closely with its military intelligence counterpart and continues to refuse to provide full and comprehensive reports. There is no strategy or proper analysis, which is why actions taken are unsystematic, not well prepared and uncoordinated.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“To demonstrate my own commitment to that cooperation, since my appointment as Prosecutor, I have been to Belgrade 20 times. Four visits have taken place in the past six months. My team and I have done everything in our power to assist Serbia in fulfilling its international obligations. Serbia still has not done its part. Since June, while communications have improved, leadership and coordination between the two principal security services in charge of the search for fugitives remain problematic. There are serious deficiencies in the leadership that is supervising the security services. Decisions taken at the higher level are not always followed up by these services. Specific information transmitted from my Office is not always acted upon, properly checked or expeditiously processed.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“This is why I thought that Serbia might actually achieve full cooperation by arresting and transferring Ratko Mladic, even if the authorities were unwilling to publicly acknowledge such an arrest. July and August passed without any visible results and I became concerned. In September, I returned to Belgrade and, in order to assist the efforts of the authorities in Serbia, I agreed to commit Tribunal resources to assist in the search for fugitives. Since then, a senior representative of my Office travels to Belgrade every week, attends high-level inter- agency meetings and closely observes the efforts in the search for fugitives. We have also continued to encourage and intensify cooperation between all those services engaged in the search for the fugitives in the region.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Shortly after being appointed, it stated that cooperation with the Tribunal was one of its top priorities and took a number of important steps towards achieving that goal. The Government established the National Security Council which now oversees cooperation with the International Tribunal and the search for remaining fugitives. Serbia played a significant role in the arrest of Zdravko Tolimir and Vlastimir Djordjevic, who were transferred shortly before my address to the Security Council. In particular, Zdravko Tolimir has even repeatedly said in court that it was in fact Serbia and not the entity of Republika Srpska that arrested him. I assessed these as positive steps and said that these arrests demonstrated Serbia's ability to cooperate with the Tribunal.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Ninety-one individuals were brought into our custody during my mandate. Of the 161 persons initially indicted, only four remain at large. However, as I must always repeat, it is a stain on the International Tribunal's work that two individuals indicted for genocide and responsible for the worst crimes committed in Europe since the Second World War are still fugitives. The fact that Ratko Mladic and Radovan Karadzic are still at large undermines the very idea of international justice. Earlier this year I had high hopes that there had been a breakthrough in Serbia and that we would soon, finally, see the arrest of the remaining four fugitives. The newly established Government took a more positive stance towards cooperation with the Office of the Prosecutor.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Six months ago, I was here before the Council (see S/PV.5697), cautiously optimistic that, after 12 years, we might finally see Ratko Mladic and Radovan Karadzic in our custody. Unfortunately, Mladic, Karadzic and two other accused are still at large, and, following my last visit to Belgrade, I have to say my optimism has waned considerably. It is true that we have resolved some of the remaining issues in relation to access to documents and archives, and I sincerely hope that problems of that nature are now behind us. In contrast, there has been too little progress and commitment on the issue of fugitives, and too few concrete steps have been taken to arrest them. My Office has invested great efforts to secure the transfer of persons indicted by the International Tribunal. We have come a long way.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Serbia's cooperation is an issue that remains essential to the work of the Office of the Prosecutor and its ability to fulfil its mandate in accordance with Security Council resolutions and the completion strategy that was endorsed by this Council. What I am about to say may sound very familiar. Two years ago (S/PV.5328), I told the Council that the Serbian Government had raised expectations that Ratko Mladic would be arrested soon. However, despite its declared commitments, I reported that Serbia failed to take action to arrest and transfer the fugitives and described the shortcomings in the plans to search for fugitives. Today, the situation remains exactly the same.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Ms. Del Ponte: I, too, am honoured to be given the opportunity one last time in my capacity as Prosecutor of the International Tribunal for the Former Yugoslavia to address the Council and to thank members for the support they have given me over the past eight years. I wish the new Prosecutor, Mr. Serge Brammertz, success and trust that the Council will give him the support he will need to accomplish his mandate. Members of the Council will have received my written assessment on the completion strategy of 12 November 2007 (S/2007/663, annex II). Since the situation remains unchanged in most areas covered in the report, I will just focus on the most important topic: cooperation provided by Serbia as it relates to the search for remaining fugitives.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Following Tolimir's arrest, we acknowledged that he was also in Russia in 2005. That is just to indicate that they move around, but, in the end, they go back to their country. Concerning the transfer of cases to national jurisdictions, I did not say that the Governments are interfering; I said that the temptation of the respective Governments to interfere in this process is still very present. Why? To underline the importance of the monitoring by the Organization for Security and Cooperation in Europe (OSCE) of our trials, particularly the 11 bis trials - because, of course, we have primacy. It is important that such monitoring continue in Croatia as well to avoid any possible interference. But we do not yet have a real, concrete case of this.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Ms. Del Ponte: I, too, should like to express my gratitude for the comments made, and, of course, I deeply appreciate all the comments and suggestions and will share them with my colleagues in my Office. I will touch briefly on three issues. First of all, I think it is clear from this morning's discussions that there is unanimity in the Security Council concerning full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Let me say that full cooperation will mean that Karadzic, Mladic and the other fugitives will be at The Hague. I hope, therefore, that the Security Council will follow up on cooperation with us. As I said, Serbia, Montenegro and Croatia are on the way to full cooperation with us. Secondly, Djordjevic was arrested in Montenegro, but that does not mean that he was not in Russia before that.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I call on the Council to continue to support the International Tribunal and my successor, so that they can successfully complete the mission that the Council has entrusted to them. Finally, in my personal capacity, I should like to express my sincere gratitude for the Council's support and for the confidence that it has shown in me during my mandate as Prosecutor.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“President, I should like to take this opportunity to express my heartfelt gratitude for your country's commitment to international justice. I should like also to commend the pioneering role that Belgium has been playing in this area. I was particularly appreciative of your country's active role in supporting the International Tribunal throughout its existence and the courageous stands taken regarding it. Allow me also, Mr. President, to thank your Minister for Foreign Affairs for his support and his confidence in the work that we are doing. I should like to conclude by calling on the Council to continue the struggle against impunity by using its power to ensure the proper functioning of international criminal justice.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“My successor should be immediately operational so as further to foster the efficiency of the trial work and to make it possible to continue to track remaining fugitives. Of course, I hope that, given the recent arrests made and Serbia's commitment, we will soon see the end of the issue of fugitives. I now turn to the members of the Council, because it is to the Security Council that the international community, the public and the victims will turn to take the necessary measures to redress injustice. They will turn to the Council to call for the arrest of Ratko Mladic and Radovan Karadzic. I trust that the Council will take the action that is required and give us the support needed to successfully carry out our mandate. (spoke in French) Mr.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The prosecution, being the engine of any trial, is making continuous efforts to make proceedings as effective and efficient as possible while preserving the rights of the victims and the defence. I have taken the liberty of focussing on some of the issues that, in my view, deserve to be addressed so as to enhance the credibility and efficiency of international judicial processes. Please do not misunderstand me. The International Tribunal has made impressive achievements. All the judges, prosecutors, registrars and staff members who have been working for the International Tribunal since 1993 deserve credit for its successes. There are only a few more years to go. To build upon what has been achieved thus far, it is essential that continuity be ensured at the helm of the Office of the Prosecutor.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Despite the difficulties, I believe that we have nonetheless achieved an important degree of justice, as the number of convicted high-level individuals shows. Only 11 cases remain at the pre-trial stage, and those are expected to commence sometime within the next year. Four persons remain at large. The International Tribunal is often criticized because it is apparently too slow or inefficient. However, over the past four years, there has been a great quantitative and qualitative leap forward in our judicial work. The management of pre-trial processes has greatly improved. Some of the International Tribunal's judges are taking a more active stance, which I certainly welcome. More written evidence is being admitted and more adjudicated facts are being accepted.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Bosnia and Herzegovina's level of cooperation with my Office has progressed over the past months and is now also at a generally satisfactory level. There are clear indications that progress has been made and that coordination between the State and entity levels in targeting the fugitives' support network is improving. I also welcome the important role played by Bosnia and Herzegovina, and in particular the Republika Srpska, in facilitating the arrest and transfer of Zdravko Tolimir to The Hague recently. Finally, I am appreciative of the role played by Montenegrin authorities in the arrest and transfer of Vlastimir Djordjevic. In both the Tolimir and Djordjevic cases, the arrests are the concrete result of increased cooperation at the regional level between the various State authorities.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The Completion Strategy in itself is a strong encouragement for some to do nothing and wait until the International Tribunal closes its doors. I trust that the necessary action will be undertaken to prevent that tactic from succeeding. As to other States in the region, Croatia's level of cooperation has been generally satisfactory. Recently, my Office has, together with the Croatian authorities, been able to solve certain problems encountered during the preparation of the trial against Ante Gotovina and his co-accused. I am hopeful that the commitment of the Croatian Government to resolve effectively any issues emerging in this cooperation during the pre-trial and trial phases will be unequivocally affirmed in future.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“States and organizations present on the ground have at times been hesitant openly to assist the International Tribunal. While in certain cases accused were arrested and surrendered immediately, in other cases fears of alleged political and security instability permitted those indictees to remain free. Indeed, the international community missed clear opportunities in the period 1995 to 1998 to arrest Ratko Mladic and Radovan Karadzic. Today, as the clock is ticking, we need this international assistance more than ever. As experience has shown, the Council, the European Union, other regional organizations and States can provide strong incentives for States of the former Yugoslavia finally fully to cooperate with the International Tribunal.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“As the Council is considering pending regional issues - in particular the future status of Kosovo - I hope that any such decision and the timing thereof will not undermine ongoing efforts to arrest and locate fugitives. In December 2005, during my appearance before the Council (see S/PV.5328), I explained the reasons why Ratko Mladic and Radovan Karadzic were still at large. At times, I could sense that our work was hampered because the political convenience of the moment was interfering with the administration of justice and with the fulfilment of the International Tribunal's mandate. The International Tribunal has had to rely on political bodies, States or even military alliances to obtain access to key evidence. Unfortunately, cooperation was not always forthcoming, and we were not always successful in securing that crucial evidence.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“That illustrates the recent positive developments in Serbia's level of cooperation with my Office. Over the coming weeks, my Office will closely scrutinize Serbia's level of assistance, as I still demand its full cooperation, which includes the provision of full access to documents and the arrest and transfer of the fugitives- in particular Ratko Mladic - to The Hague. I would like once more to emphasize, as I have done in my previous reports to the Council, that the continuing impunity enjoyed by Ratko Mladic and Radovan Karadzic gravely undermines all efforts to bring justice to the victims. That impunity also seriously affects the credibility of the International Tribunal, which was mandated to prosecute those most responsible for the most serious violations committed in the former Yugoslavia.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Moreover, on 31 May, thanks to the cooperation between Serbia and Republika Srpska, Zdravko Tolimir was arrested and transferred to The Hague. Following that arrest, just over this past weekend, Serbia worked directly with us to locate Vlastimir Djordjevic, in Montenegro. Montenegrin authorities subsequently arrested him and transferred him to The Hague, where he is now in the custody of the Tribunal. Those arrests demonstrate Serbia's commitment to cooperate fully with my Office. I should also point out that, in the past few weeks, Serbia has responded to most of the pending requests for assistance, and my Office is at this moment studying the material we have received. The backlog of outstanding and partially responded to requests since March this year has been reduced from more than 250 to less than 50.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I also had meetings at the operational level to discuss in detail plans to locate and arrest fugitives. During the visit, authorities at various levels expressed a clear commitment to provide all the assistance necessary to locate and arrest the remaining fugitives. New structures have been put in place, aimed at centralizing all activities to apprehend fugitives. Thus, for instance, shortly after the new Government was formed, a National Security Council was established; it is chaired by the President and will be the central organ dealing with fugitive issues. The National Security Council has already convened and, at its first meeting, has reaffirmed that its priority is to cooperate with the International Tribunal by arresting fugitives.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I should inform members, however, that my Office has no information regarding the current whereabouts of Radovan Karadzic's. It is troubling that Radovan Karadzic has disappeared from the radar screens of the relevant services, and it seems that no one is actively searching for him. I am, however, convinced that relevant States in the region have the means to locate and arrest him. In the past few weeks, we have observed general progress in Serbia's level of cooperation with the International Tribunal, in particular with the Office of the Prosecutor. I was in Belgrade, upon the invitation of President Boris Tadie, to discuss and assess Serbia's cooperation with the International Tribunal. During my stay, I met with senior political leaders and Government officials, including the President, the Prime Minister and the Deputy Prime Minister.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Thorough monitoring of all domestic war crimes proceedings remains imperative. The Organization for Security and Cooperation in Europe (OSCE) has proved to be the institution best suited to carrying out this important function. I therefore call upon the Council to provide its full backing to that regional organization. Since the question of whether the OSCE should continue to monitor trials in Croatia is being debated, I wish to reaffirm the importance of the monitoring process carried out by the OSCE and recommend that it pursue that activity in Zagreb. The fact that four persons remain at large - including, in particular, Radovan Karadzic and Ratko Mladic i is a permanent stain on our work. We believe that those fugitives are currently in Serbia or within its reach.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“While trials and appeals are progressing and nearing completion, there is a sense that a significant degree of justice will have been brought to the victims of the conflicts that raged throughout the region. However, many victims will feel that that was not enough, and they will be right. There are numerous mid- and lower-level perpetrators who could not be tried in The Hague because of the International Tribunal's completion strategy. I have been working intensively with authorities in Belgrade, Sarajevo, Zagreb and Skopje to transfer knowledge and evidence that we possess pertaining to hundreds of other suspects. Although we have seen some progress in domestic prosecutions, I advise the international community to remain vigilant. The temptation of the respective Governments to interfere in these processes is still very present.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“During these years, I have undertaken investigations of crimes committed in conflicts in Croatia, Bosnia and Herzegovina, Kosovo and the former Yugoslav Republic of Macedonia. During my terms, as I indicated earlier, 91 accused have been transferred to The Hague, while as of this date four remain at large. Fifty-nine persons have been convicted in the first instance, including as recently as last week. A number of those cases are still on appeal. Moreover, the Appeals Chamber has confirmed the convictions of 37 persons. Currently, we are conducting six first-instance trials, with 25 accused, and are awaiting judgements for three other accused. Only 11 accused are still at the pre-trial stage. In addition, there are five appeals pending, involving 11 accused.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Here, I wish to express my sincere gratitude and thanks for the support that the Council has provided to the Tribunal, to international justice and to me personally during the past few years. (spoke in English) Members will have received my written assessment of the completion strategy. Thus, I will now highlight a few points set out in the report and address recent developments that have occurred since the issuance of the written report. We have come a long way towards achieving the goal set for the International Tribunal, namely, the prosecution of the most senior leaders responsible for the most serious crimes committed on the territory of the former Yugoslavia after 1991.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Eight years ago, when I was first appointed Prosecutor of the International Criminal Tribunal for the Former Yugoslavia, we lived in a different world in which international justice and the International Tribunal had a long road ahead of them. Who at that time would have believed that one day, we would see the arrest of a former head of State? Since then, international justice and the International Tribunal have made considerable progress. Indeed, during my two mandates as Prosecutor, we have succeeded in arresting 91 persons. In mid-September, my mandate as Prosecutor will come to an end. This is therefore the last time that I will address the Security Council in my capacity as Prosecutor of the International Tribunal.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The full and forceful support of the Security Council for the Tribunal needs to be expressed now. Strong messages must be passed to Serbia and Bosnia and Herzegovina so that they finally deliver the fugitives from justice, especially Karadzic and Mladic. Clear guidance must be provided to us so that we can complete our mandate in a dignified and successful manner.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Let us not, by our actions, give them further reason to feel that the United Nations and the Security Council did not do everything in their power to ensure that the accused most responsible were brought to justice. Those are not easy words, and there are not easy times ahead of us. But there are steps that can be taken. First, as indicated, the Council must consider changing the conditions under which an accused can be transferred, so that, if necessary, the Tribunal can meet its objectives in time. Secondly, the political will to arrest remaining fugitives must be strengthened. Thirdly, the Council must confirm that there remains the possibility for the Tribunal to continue its mandate until such a time as fugitives such as Karadzic and Mladic are brought to trial.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“The recent decision of NATO to allow Bosnia and Herzegovina and Serbia into the Partnership for Peace, however, is a powerful signal that international support for the Tribunal is decreasing. Therefore, I wish to request the Security Council to say whether, as some permanent members have stated in the past, it considers that the ICTY should stay open until Karadzic and Mladic are tried in The Hague. That is very important for the tens of thousands of victims who have placed their hope in the justice provided by the United Nations. They have the right to know whether they can still count on the promises made by the Security Council when it created the Tribunal 13 years ago. As we are all aware, many victims have the perception that the United Nations abandoned the so-called safe areas to the troops of Karadzic and Mladic.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“However, unless the Security Council allows the transfer of more accused, we will not be able to achieve the target date of 2008. Furthermore, we have already missed the opportunity to try Karadzic and Mladic with other accused. Strong incentives must remain in place for Serbia and Bosnia and Herzegovina to fully cooperate with my Office. The European Union has been a key partner over the past years. Nineteen out of the 24 accused currently on trial were transferred to The Hague as a direct result of the European Union's policy of conditionality. I trust that the European Union will remain a reliable supporter of the ICTY. Despite its clear failure to capture Karadzic and Mladic, NATO over the years has provided useful political support to the Tribunal.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“There, the central institutions are not working efficiently and the authorities of the Serb entity, despite some recent improvements, have not shown so far a robust willingness to arrest Radovan Karadzic and Stojan Zupljanin. Those are the fugitives who are most likely to be in Bosnia and Herzegovina. Both at the central and at the entity level, key institutions remain stuffed with individuals who used to be and maybe still are closely connected to Karadzic and his network. As long as Serbia and Bosnia and Herzegovina do not cooperate fully with my Office and with each other, the most important indictees will continue to escape justice, thus affecting the completion strategy. Within the limits set by the interests of justice, my Office is doing its utmost to meet the objectives of the completion strategy.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“There are many reasons why democratically elected leaders pretending to show the utmost respect for the rule of law have been protecting persons indicted for genocide for so long. I will not elaborate on this further at this stage, but the wilful failure of Serbia to cooperate with my Office, and in particular to arrest and transfer Mladic and Karadzic, is a demonstration of utmost disrespect towards thousands and thousands of mainly Muslim, but also Croat and other non-Serb victims in Bosnia and Herzegovina, that is likely to impact on the relations between the various communities within the region for decades. The only way to remove that stain would be for Serbia to arrest and transfer Karadzic and Mladic immediately. The situation is not much more favourable in Bosnia and Herzegovina.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“It has now come to light that most of the detailed information I was passing to the highest Serbian officials back in 2001 and 2002 was accurate, but those officials - some of whom still hold key positions today - were simply pretending that my information was wrong. However, history now shows that my information was indeed correct. In 2002, the then President himself signed the decision on the retirement of General Mladic. Therefore, despite his denials at the time, he knew perfectly well that Mladic was being sheltered by the army, just as I was telling him. My assessment remains that the Serbian Government could easily arrest Ratko Mladic should the authorities want to do it. It is simply a question of political will.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I have explained to the Council in previous presentations the reasons why, in my assessment, six accused are still at large. I will come back to that issue more extensively in the course of my next assessment, which will also be my last. Over the past six months, Serbia has been busy working out a so-called action plan to capture the remaining fugitives. That initiative has thus far proven to be just another smokescreen. Since I took office in 1999, I have been confronted with the same reality - none of the successive Serbian Governments has been truly willing to arrest Ratko Mladic and Radovan Karadzic.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Furthermore, they do not understand why some crimes should be removed from indictments. They see the Tribunal as a promise of justice and as a concrete sign that the international community cares about their suffering. They find it profoundly unjust to envisage closing the Tribunal before it has successfully completed its task. Of course, Karadzic and Mladic are, in their minds, the two individuals most responsible for genocide, war crimes and crimes against humanity committed in Bosnia and Herzegovina. There is no place other than The Hague to try them. While the judicial authorities in Bosnia and Herzegovina, Croatia and Serbia have stepped up their efforts to try war crimes, the political bodies in Bosnia and Herzegovina and in Serbia have not shown the political will necessary to arrest the remaining fugitives.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“My Office has also reacted in a helpful way to the directions by the Chambers on time limits set for the presentation of the prosecution case. As long as the measures taken to increase the efficiency of trials do not undermine the prosecution case or the rights of the victims, I will be willing to go along with them. I wish nevertheless to draw the attention of the Council to some negative reactions from victims' groups in Bosnia and Herzegovina. I forwarded to the presidency of the Council a letter from the association Women Victims of War from Sarajevo. I have received more such letters in the meantime. On 30 November, I met victims' groups in Sarajevo. Many of them are bitter about the completion strategy because they believe that all high-level cases, including of course Karadzic and Mladic, must be tried in The Hague.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“As a consequence, we have been able to limit the time allocated to the examination-in-chief of prosecution witnesses to a minimum. In a large-scale trial of six accused, for instance, the prosecution has used an average of roughly two court hours per witness, but less than half an hour for crime-base witnesses, which is extremely efficient by any standard. In several trials, the Chambers have also accepted via judicial notice a higher number of facts established in previous trials. Those facts, therefore, do not need to be proven again. When directed by the Trial Chambers, I have acted in a cooperative spirit to select the counts on which to proceed, for instance in the Perisic and Dragomir Milosevic cases.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Following my initiative to join cases involving similar crimes, two further multiple-accused cases opened in The Hague in July. One case concerns the Srebrenica genocide, with seven accused, all former senior aides to Ratko Mladic. It is very unfortunate that Mladic himself could not be tried with his close associates. The other case involves six top political and military leaders from Serbia for their role in the crimes committed in Kosovo. A seventh accused, Vlastimir Djordjevic, should also be present at that trial. His last known whereabouts were in Russia. In total, we have 24 individuals on trial at present, the largest number of accused on trial at any one time in the Tribunal's history. More written evidence has been admitted in trials.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“The transfer of cases to domestic jurisdiction has also continued to progress well. In accordance with Security Council resolution 1503 (2003), my Office proposed to the Chambers the referral of all cases involving mid- and lower-level accused. In one case, Dragomir Milosevic, the referral bench denied the prosecution's motion on the ground that the accused was too senior to fit in that category. Therefore, I believe that we have reached the limits in this matter and, unless the Security Council modifies the seniority conditions under which an accused can be transferred to local courts, there is no legal possibility to transfer more cases. The remaining cases all involve the most senior leaders responsible for the most serious crimes.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source