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

“Not all accused can be traced or arrested, and the number of trials will be lower than the number of arrests because the accused can often be tried jointly. In one current trial, six accused are being tried together. Working down from the outside number, our original estimate was that the 136 investigations might result, at best, in 45 new trials, perhaps even fewer. What does that mean in additional years of work for the ICTR? Assuming, after the major prosecutions are over, that subsequent trials can be much more streamlined in terms of their proof, we are probably looking at another four years of trial work for the Tribunal after the existing business has been processed. That is what we can expect from our investigations programme. Four years added to the end of 2004 would bring us to the end of 2008.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“In addition, I indicated at the beginning of this year that I intend to complete a further 136 new investigations, to bring our investigative mandate to completion by the end of 2004. That programme, which involves a maximum of 30 new indictments per year, appears to have caused some alarm, and I hope it is not being misunderstood. The figure of 136 represented the very outside estimate of our future workload. The figure is the number of investigations, not the number of trials. Many factors will affect whether or not an investigation results in an actual prosecution. In a significant number of cases the accused are confirmed to be dead. Not all investigations succeed in gathering sufficient evidence.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Our investigations concentrate not on geographical areas of Rwanda, but on prominent figures in the command structures of the Government and the military and in other walks of life such as the media, the clergy, the intelligentsia and the business world. The only prospect of bringing those people to justice lies with the International Tribunal, and we have demonstrated our ability to track them down. Our specialist tracking teams often work in the most difficult conditions to locate their targets, but it can be done, and it is being done. This year, nine accused have been arrested so far. As things stand, bringing existing detainees to trial in the courtrooms will take us well into 2005 or even beyond.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“We must increase our capacity to hold the trials of accused who have already been in custody for long periods. And we must also be able to process new cases within a reasonable time. These are separate compelling justifications for increasing the number of available trial chambers. I understand that the Council is broadly sympathetic to the request for ad litem judges, but I also understand that you need more information from me about my prosecution policy. Let me therefore give you specific details of my prosecution policy in the ICTR. Fifty-three accused are in custody; some cases have been dealt with; 17 accused are currently on trial; 25 are in custody awaiting trial. More than 20 are still at large, including major figures who have found refuge in countries outside Rwanda and who are beyond the reach of any national jurisdiction.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“As with the fight against terrorism, we delude ourselves if we think there is a quick and low-cost solution that does the job properly. The Tribunals must have sufficient means to do their job, and all the projections we make about the remaining workload are made on the assumption that the two Tribunals will be given the resources that we have sought in our budget submissions for the next two years. I know that earlier this month the Council held informal consultations to discuss the question of ad litem judges for the ICTR. Tribunal representatives were present to listen to the Views being expressed, and certain concerns were relayed to me about prosecution policy. First, let me say that I strongly support the appointment of ad litem judges for two reasons.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“If there is any public concern about the number of investigations, it is a concern about resources, because it cannot be a concern in terms ofjustice. There may be people who are saying after the events of 11 September that the world has moved on, and the issue of the day is now terrorism, not past conflicts. We cannot take that view of international justice. There is now all the more reason for the international community to harden its resolve to pursue those responsible for genocide and crimes against humanity. It is neither credible nor honourable to give support to the war against terrorism while not doing everything possible to bring to justice those responsible for genocide in Rwanda, in Srebrenica and in other massacres.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“We have previously given figures for the remaining investigations - 36 for ICTY, involving a total of 150 accused, and 136 for ICTR, involving a total number of 136 accused, since each investigation there concerns a single target. The Council, however, should not think that these figures present the picture of a prosecutor out looking for business and ranging broadly over all possible suspects, whatever their involvement. On the contrary, the figures represent, as I have said, only a fraction of the potential number of crimes or suspects, all of which involve mass murders, multiple killings, or other crimes at the very highest end of the scale of national or international crimes. In fact we turn most cases away.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“For the local people, the victims and the survivors, it was these people who brought their world to an end, not the remote Governmental architects of the overall policy of genocide. Unless these local leaders are brought to justice in both Rwanda and the former Yugoslavia, the ordinary population will not come to terms with the past, and the process of reconciliation and building a stable peace will suffer accordingly. That is why these cases justify my attention, and that is why the choice of cases to pursue is not at all simple. The crimes were highly organized, directed and implemented at a number of levels, each of which depended on the other.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“A number of the accused under investigation in the ICTY and the ICTR played a very nasty role somewhere in between these two extremes - as key organizers and motivators at the district or local level. They had strong links to the central power base and were fully aware of the overall criminal enterprise, but they also fervently put the plan into action in their areas and had blood on their own hands. In the former Yugoslavia, some of these individuals still occupy official functions, and their activities are an obstacle to the peace process. In Rwanda, the genocide exploded quickly in the areas where such people fanned its flames, whereas in other regions, without these willing perpetrators, the number of killings was lower, and the massacres were less extensive.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“From the many thousands of significant targets, we have selected under 200 in each Tribunal, and we do not even expect to prosecute all of them. Many, many important crimes have therefore been left to be dealt with by national jurisdictions. In order to appreciate the scale of the undertaking, we have only to look at the internal Rwandan justice system, where we see in the traditional gachacha process that 11,000 local jurisdictions, involving 260,000 local judges, will be dealing over a three-year period with 120,000 perpetrators of the genocide, in which between 800,000 and 1 million people died in the space of four months. Secondly, one should not fall into the trap of separating the accused into big fish and small fish.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“These aspects apply equally to Rwanda and to the former Yugoslavia. First, we have not investigated all crimes. We have concentrated on the areas in which the worst massacres occurred. So there have not been in-depth investigations of every municipality, or opstina, in Bosnia or every commune in Rwanda. But we have established that both the genocide in Rwanda and the ethnic cleansing in Bosnia were highly organized criminal enterprises - centrally organized at the highest level, and pursued with enthusiasm at the regional and local levels. Even at these command levels, we are not dealing with a small handful of individuals, whatever impression the general public may have about how many architects there were.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I know that the Council is particularly keen to have an understanding of what my future prosecution policy will be and how much work the Tribunals will have to do before they can complete their respective mandates. Although there are substantial differences in the nature and complexity of the conflicts in the two continents - in the scale of the killings and the time scale of the events - it goes almost without saying that my focus in both situations is on the leaders. Any lower-level cases that are going through the system either can be explained in terms of the history of the Tribunals' development or concern notorious individuals whose conduct stands out despite the fact that they had no formal position in any hierarchy. Instead, today I would like to explain two aspects of our policy.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Ms. Del Ponte: I am grateful to have this opportunity to appear before the Council to provide an update on the work of the Prosecutor's Office in the two International Tribunals. It is my assessment that both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are poised to enter the most important phases of their existence, and are both about to begin their major criminal trials. Much crucial work is still before us in both the ICTY and the ICTR, but we are also now in a position to begin to see how the Tribunals may complete their mandates. We are starting to consider what has been called our "exit strategy".”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I therefore take this opportunity to ask the representative of the Russian Federation to help establish such contacts to enable me finally to explain our work and to show that there is nothing political about it: there is law that must be applied; there are investigations that must be carried out; and no more. I believe I have now responded to all the questions put to me. As has been noted, I will be returning approximately every six months, and I look forward to my next opportunity to address the Council.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Information is now coming to us from the Rwandan authorities, and we pass it on to the Registrar so that the problems can be resolved. The representative of Rwanda was right to say that this is a sensitive and possibly dangerous problem. I was astonished when the representative of the Russian Federation said that our work had been politicized. I completely reject that accusation. I have been trying for 10 months to get in touch with Russian Federation authorities to explain our work and how we do it. Unfortunately, it has been impossible to establish such contacts.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“As to intervention by the North Atlantic Treaty Organization (NATO) in Kosovo, I can only report what the decision was, and it was correct to say that it is necessary to see what factors led to that decision. Before making this information available to the Security Council, I wish first to show those who submitted denunciations and possible suspects what caused us to pursue the matter. The Council will then be able to examine the approximately 95 pages of material and see the law and the reasons for the decision that was taken. Turning to recruitment, to which the representative of Rwanda referred. It is true that there are some problems in that area. Without trying to shirk my duties, I must note that this does not fall within the purview of the office of the Prosecutor, but rather that of the Registrar. I know that there are problems.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“The Minister of Justice tells me that a bill on this matter is before Parliament and that he hopes it can be adopted within a few months, because the problem has become increasingly difficult. The report of the Expert Group to Conduct a Review of the Effective Operation and Functioning of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda has the full support of the office of the Prosecutor. We are prepared to adopt any of the measures set out in that report, because we wholeheartedly agree with the report's suggestions. But I have to say that we have been told that there will be a problem of resources and financing. We are nonetheless awaiting these changes, which can only be for the better and will assist us in our work.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Turning to the question of gachacha, I may have used unsuitable adjectives, but gachacha truly is the solution: I have seen many detainees who have spent four and a half or five years in detention without even hearing. That is a problem for Rwanda of which the Minister of Justice is keenly aware; we discuss it often. I should describe gachacha as a traditional form of justice; it takes place at the village level, in the community. In my view it is a kind of local justice and can even encourage reconciliation, because it is accepted either by indictees themselves or by those who are called upon to pass judgement upon them. The mechanism can seem rather complex to us.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“As to the length of such sentences, the judges must apply the law in the light of all circumstances, which may be a subjective analysis. It falls beyond the central task of a prosecutor, which is to see to it that the indictment is borne out and a sentence imposed. The principal is that the sentence is up to the judges. As to where the sentence will be served, two years have already been spent in detention, and because Mr. Ruggiu has Belgian and Italian nationality, he has requested that the remaining 10 years, or less depending on parole, be served in Italy. We have made contact with the Italian Government with a view to enabling him to serve his sentence in an Italian prison; these contacts are informal because it is for the Registrar to make such determinations about sentences.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“We have received assistance from the United Nations Secretariat, which sent us a task force to review this problem, to try to identify candidates who might occupy these posts. Things are much better now. The problem as such does not exist any longer, apart from the regular rotation of those posts. As members know, senior trial attorneys or prosecutors who remain for three or four years will really want to leave their posts. It is no longer a very difficult problem; it is more a normal question of rotating posts. Georges Ruggiu has been convicted, although the representative of Rwanda has stated that the sentence was too short. I shall not comment on judicial decisions. For a prosecutor it is important that there be a conviction and that a sentence be imposed.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I spoke about this with the President of the International Tribunal for the Former Yugoslavia, following the same principle of holding hearings on site. They agree in principle. There is the legal possibility of holding these hearings on site, but it should be known that it is up to the judge to take the decision. Regarding the vacant posts in Rwanda Tribunal and the translation problems, it is true that we had a considerable problem regarding the vacant posts last year. We must not forget that working in Arusha or Kigali calls for a great sacrifice because the conditions are what they are. Therefore, it is not easy to find candidates for the posts in the Office of the Prosecutor in Arusha.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“We have spoken about that here and of the question of financing; whether or not that programme is developed depends on the financial situation. We have thought about it and we are working on it; it is important that hearings and trials held, for example, in Arusha, be able to be held in Kigali. That is a type of outreach programme. That means that the people of Rwanda can attend some hearings. In this context, we are in touch with the Minister of Justice and the President of the High Court; there is a room I myself have visited, and with donations from States and from the European Union we are in the process of fixing it up and providing all the security needs so that we can hold hearings.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I have listened very closely, and I would first like to thank the Security Council for the expressions of support, but also for the suggestions. I think it is important to be able to express our views. We should attempt to do that on a regular basis so that members can be kept abreast of what is going on, what we are doing and what our problems are, and naturally to give members an opportunity to express their views and tell us what they think would be useful in our work. Regarding the question posed to me by Malaysia on the outreach programme, it is true that we have this programme more for Rwanda than for the International Tribunal for the Former Yugoslavia. That is up to the Registrar of the Tribunal.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“This is a very important aspect of our activities. If we cut off the funding - that is, the bank accounts - of the indictees, not only will we make their escape more difficult, but the money, according to the Chamber judges' decision, will also be used to provide compensation to the victims. This is extremely important for Rwanda. It would be regrettable were we unable to obtain such a decision from the judges. There is a problem, however. There is a loophole in our law. Our procedural rules do not provide access for confiscating sequestered funds. That is why we would request that a change be made in the rules. I will not take up any more of the Council's time. I am available to answer any questions members may wish to pose.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I think that this is actually the ideal solution, because it is objectively impossible to try all the detainees. Turning now to our future strategy, our Office has identified 90 suspects who are being investigated, all responsible for genocide and other Violations of international humanitarian law. One priority is cases of rape. What happened in Rwanda is unbelievable. We think that we can have indictments against those 90 accused people by the end of next year. We have also conducted financial investigations for Rwanda and for the former Yugoslavia. We do not have much staff to carry out these financial investigations. For Rwanda there are two people and for the former Yugoslavia just three. I will need bigger teams to do this, and I hope that in the next budget I will be getting new posts.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“She had a child as result of being raped, but naturally she was rejected by her family, and now she is living alone in destitute conditions. Such were the meetings we had with some of the survivors. The situation is very, very serious in this sense. The situation is also very serious from the point of View of the Rwandan detainees. l was able to visit two prisons with the Justice Minister of Rwanda. These prisons, with space for 2,000 detainees, are holding 8,000 people. This means that the detainees cannot even stretch out to sleep. Naturally, the Justice Minister is very concerned about this problem. They are now trying to introduce a form of justice called gachacha, which means sending the prisoners back to their villages for trial in the ancestral tradition.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“This means that my intention now is to use the forensic teams that we now have in Kosovo to open up these common graves at the end of October, when it will no longer be possible to work in Kosovo because of the climatic conditions, and to send some of the forensic teams to Rwanda to help remove the bodies from the common graves. I met with genocide survivor associations, and with the survivors themselves; naturally, the problem is still very serious from the point of View of the situation ofthese survivors. I will give just one example to show the social element also involved. A 27-year-old woman was raped five times. Of course, she was injured and still bears the marks of several wounds; she was saved because she was underneath the corpses, and the Red Cross discovered her still alive. She was saved.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“One of the problems we discovered during our recent mission is that in Rwanda there are still many common graves that have not yet been opened. I discussed this problem with President Kagame, and we agreed that, in cooperation with the Rwandan authorities, we will be opening all of these common graves, because I believe that to have 30 or 50 bodies, in latrines, as I found during my last visit, is totally unacceptable. It is not acceptable either from the point of View of criminal proceedings - because one must count those who were murdered - nor, furthermore, from the point of View - and here President Kagame agreed with me - of giving the victims the kind of burial a human being deserves.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I will explain: we asked to try the indictees in a single trial where they would have to answer for the same crimes and the same acts. This means that we will have a trial called the Government case, with eight former Ministers now detained in Arusha. There is the trial called the military case, which involves four high-ranking military officers. There is the media case, in which three journalists, a publisher and a radio station owner are involved. Two trials involve the Butare case, with six indictees, and the Cyangugu case, with four indictees. This means that there are 35 detainees waiting to be tried. We hope - and I am certain - that these trials will start this year, because the Appeals Chamber will issue its decisions, and this will make it possible to start the trials.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Cooperation with African and European States is excellent. We have a tracking team that is conducting all the necessary investigations to locate fugitives; this is naturally being done in cooperation with the judicial authorities of the various countries. To date eight indictees have been sentenced. Of these eight, three pleaded guilty, including George Ruggiu, a Belgian journalist who was sentenced yesterday to 12 years in prison. Currently, there is only one trial under way, against Bagilishema, which means that there are four trials that have not yet been initiated. The reason why these trials have not yet been initiated is that the defence interjected 12 interlocutory appeals against the joinder of proceedings.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I can assure the Council that cooperation with the Government of Rwanda is now excellent. Might I also say that the Rwandan Government, as a sign of friendship, gave me a permanent entry visa to Rwanda this time. Our Kigali Office has been focused on the investigations. For the trials that were to begin this month, we moved the trial teams to Arusha to follow closely all of the hearings, while restricting the field investigators to Kigali. Regarding the work programme of the second half of this year, we now have 42 detainees in Arusha. Our programme envisages the arrest of 13 fugitives still at large. Some are in the Democratic Republic of the Congo. It would be a good idea for the United Nations mission to have a mandate similar to the one given to the Stabilization Force to help us arrest these indictees.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“(spoke in French) I wish now to speak of the situation relating to the International Criminal Tribunal for Rwanda. I believe members are aware of the 31 March 2000 decision of the Appeals Chamber in the Barayagwiza case, which reversed an earlier decision by the same Chamber. The new decision, by which the accused, Mr. Barayagwiza, will remain in detention and can be tried by the Arusha court, has naturally changed our cooperation relationship with the Government of Rwanda. We were there three times, for three-week periods. We were, of course, working on investigations and conducting trials, but the visits also provided a good opportunity to meet with members of the Government, including President Kagame, the Minister of Justice, the Minister for Foreign Affairs and the Prosecutor-General.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“The results of the President's analysis give cause for concern, and he proposes a twofold solution: the creation of a pool of ad litem judges upon which he could call as needed; and the delegation of much of the detailed pre-trial work to jurists acting on behalf of the trial chambers, thus releasing the judges to concentrate on the proceedings themselves. Those radical proposals have my support in principle. We must find a way to have fair trials within a reasonable time for all accused. This is, of course, a solution which rests largely in the hands of the General Assembly, but I felt it necessary to inform the Council of the problem in the hope that it will continue to lend its support to the Tribunal as it faces new challenges.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“The President of the Tribunal, Judge Claude Jorda, is acutely aware ofthe situation and has recently written to the General Assembly and to the Security Council setting out his vision of the Tribunal's future. I understand that that document is still being translated and may not yet have reached members, but in it Mr. Jorda projects the likely workload of the trial chambers and gives the best available estimates of how long it will take the Tribunal to process the cases at our current level of resources.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“In the case of the Tribunal, the question of releasing accused on bail, or provisional release as it is termed in the Tribunal, is not an available option in most instances, particularly in situations where the accused has been detained and surrendered by the Stabilization Force (SFOR). In my assessment, it is not satisfactory to release indicted accused into a community where there is no ability on the part of the Tribunal to enforce its own orders without the cooperation of all States of the former Yugoslavia. For example, it would be very easy for an indicted accused in the Republika Srpska to enter Serbia, where there is currently no reasonable prospect of his being arrested.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“It is true that the prosecution and the defence become engaged at an early stage in attempts to focus the areas of dispute between them, but we must not lose sight of the fact that our statute guarantees all accused the right to be tried without undue delay. It is becoming increasingly clear that the existing trial chambers are finding it difficult to cope with the number of trials awaiting determination. Traditionally, in many national jurisdictions, there are two remedies which are relied upon to address this kind of situation: first, the release of accused on bail pending trial; and secondly, the appointment of more judges to cope with the judicial workload.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I would hope to be in a position in the near future to report that the Republic of Croatia is in full compliance with its obligations to cooperate with the Tribunal. But we are not there yet. The last matter about Yugoslavia that I would like to raise concerns an issue which is increasingly becoming a problem for the Tribunal, namely the length of our proceedings, both the length of the trials themselves and the overall period of detention facing most accused who are taken into the Tribunal's custody. Our trials are by their nature difficult and complex undertakings. The crimes are broad and the rights of the accused to a fair trial are jealously protected. The need to guarantee fairness often conflicts with the need to ensure speedy justice. We now have four cases at the trial stage in The Hague, and nine waiting to begin.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Further, the Government recognizes the jurisdiction of the Tribunal and my right to investigate incidents which occurred within Croatia, such as Operation Storm in 1995. Also, the Government recently allowed a forensic investigation by my investigators to proceed, and they assisted the process. Finally, a formal agreement relating to the status of my office in Zagreb has been finalized. This leaves one remaining area where the Republic of Croatia has been less than forthcoming in recent years in its cooperation with the Tribunal: namely my access to sensitive witnesses in Croatia, and access to documents held by, or under the control of, the Government. In this area, there is still some important ground to be covered, but I am pleased to report that progress is being made.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I too have applied for a visa to travel to Belgrade, but this has also been denied. When allegations are made against the Tribunal that it is anti-Serb and that there is an imbalance in the indictments issued, the fact that I am unable to gain access to the victims and to the evidence makes such allegations rather hollow. Coming now to the issue of cooperation by the Republic of Croatia with the Tribunal, I am pleased to say that the new Croatian Government is showing and demonstrating a willingness to cooperate fully with the Tribunal. This is certainly very encouraging and is leading to the point where full cooperation is very close. For example, over the past several months we have witnessed the surrender of Mladen Naletilic, also known as Tuta, to The Hague.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Nevertheless, I felt that it was important that I inform the Council of my conclusions today, since the NATO campaign is an important issue that has been causing considerable speculation and comment. An important consequence of the NATO campaign should also be mentioned, namely the impact that it, together with the indictment of President Milosevic and other high-level Serbian officials, has had on the willingness of the authorities in Belgrade to cooperate with the Tribunal. Since these events, there has been literally no cooperation with my office. This severely hampers my ability to conclude my investigations involving Serbian victims, particularly where such victims are residing in the Federal Republic of Yugoslavia. My investigators are denied visas to enter the country to continue with our investigations.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Analysis of the material has, quite properly, taken some time, and has involved an examination of all facts and a detailed legal analysis of all aspects involving the Tribunal's jurisdiction. I am now able to announce my conclusion, following a full consideration of my team's assessment of all complaints and allegations, that there is no basis for opening an investigation into any of those allegations or into other incidents related to the NATO bombing. Although some mistakes were made by NATO, I am very satisfied that there was no deliberate targeting of civilians or of unlawful military targets by NATO during the bombing campaign. I intend to release in the near future the details of my assessment and of the criteria applied. However, this is not the forum for going into those details.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“In addition, a number of reports and commentaries on the bombing campaign have been published by human rights organizations and others. Since the International Tribunal has jurisdiction over all potential war crimes in the former Yugoslavia, I considered that it was my obligation and responsibility as an independent prosecutor to assess the complaints and allegations. In 1999, my predecessor, Justice Arbour, established a working group within her office, comprising military lawyers, military analysts and other experts, to examine and assess all complaints and allegations and accompanying material. In addition, the team has assessed all new allegations and materials subsequent to their arrival in my office.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“Nevertheless, I am sure that Council members are aware that in recent months various complaints and a considerable body of information have been submitted to my Office concerning allegations that NATO, or more accurately, NATO personnel and leaders, may have committed crimes that fall within the jurisdiction of the Tribunal during the NATO air campaign against the Federal Republic of Yugoslavia last year. Those allegations and supporting material have been submitted to my office from a number of sources, including lawyers acting on behalf of the Federal Republic of Yugoslavia and a Russian parliamentary commission. The Federal Republic of Yugoslavia submitted a substantial amount of material concerning particular incidents.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I would like to say a few words regarding the International Criminal Tribunal for the Former Yugoslavia (ICTY), and then, as I have had an opportunity to spend nine weeks in Arusha on three occasions, I will speak to members about the situation of the International Criminal Tribunal for Rwanda (ICTR). (spoke in English) I would now like to say a few words regarding the Tribunal for the Former Yugoslavia. Since I addressed the Council in November 1999, there have been a number of developments which may be of interest to Council members. First, I would like to say something about the North Atlantic Treaty Organization (NATO). I know this is not a matter that concerns the Security Council.”
2000-06-02 · UN Security Council · Security Council, S/PV.4150 (2000) · source
“I say to the States concerned in particular that I am ready to discuss these sealed indictments, but after those States have arrested all the individuals still at large. I should like to say a final word on Rwanda. It is true that I shall be visiting Rwanda. I shall be addressing matters very closely. A problem has arisen, but the Appeals Chamber, in its decision, ruled that the detained person should be transferred to the State of Cameroon. This does not mean that an African State cannot intervene to open a criminal investigation of a suspect against whom - I am assured, but I shall go and see - there is very strong evidence. I will return to the Council with further information on Rwanda.”
1999-11-10 · UN Security Council · Security Council, S/PV.4063 (1999) · source
“Regarding the sealed indictments, it is true that they are indictments that are not made public. I would simply like to say that in national systems no indictments are published on the Internet or in the press before they are executed. We are working along the same lines. I would also like to say that my predecessor, Louise Arbour, found that that investigative method was very important and received the blessing of the Trial Chamber and the Appeals Chamber, so juridically and judicially it is provided for in the rules and our Statutes. I intend to continue using sealed indictments, since I have more than 30 fugitives who have not yet been arrested, although the arrest warrants date back three or four years.”
1999-11-10 · UN Security Council · Security Council, S/PV.4063 (1999) · source
“I have tried to make the political authorities understand that challenging jurisdiction is done during the trial. It cannot be done before the trial has begun, as in general we cannot accept that kind of exception. I am ready to find a solution to this problem with the Government of Croatia, but the fact that it denies my jurisdiction makes it very hard for me even to engage in discussion. During my visit to Bosnia and Herzegovina I went to the Republika Srpska and met with the Prime Minister, who stated the intention to cooperate more with us, in a positive way. I alerted him to the fact that probably in that Republic there are approximately 25 fugitives. I very much hope that the verbal assurances we received from the Prime Minister will soon be translated into arrests.”
1999-11-10 · UN Security Council · Security Council, S/PV.4063 (1999) · source
“In this regard, I wish to say that the difficulty in investigating KLA suspects arises from the attitude of the former Yugoslavia and Serbia. Many Serbian victims involved in our investigations have taken refuge in Serbia. We have no access to Serbia; we cannot go there; we have had to close our office in Belgrade. If it is not possible to re-open that office and gain access to the victims, those investigations will have trouble producing results. We are trying to get there and hope that indictments will be issued next year. Regarding the problem with Croatia, the Croatian Minister of Justice and Minister of Foreign Affairs perhaps had the most dealings with us during our visit to Zagreb. The key point is that the Croatian Minister of Justice challenges the jurisdiction of the Tribunal.”
1999-11-10 · UN Security Council · Security Council, S/PV.4063 (1999) · source
“Thus, preventive detention may be protracted. This is of growing concern to me. I would point to the statistics. At the moment, we have three trials under way, but eight indictments ready to go to trial. We do not yet know when a date can be set for these cases. As to the nature of our investigative activities, I have heard that we are suspected of carrying out one-sided investigations. This is not true and I absolutely refute that assertion. It is not true, but I can understand that the data uncovered by our investigations are not considered official by everyone, especially when an indictment has yet to be issued. I can assure the members of the Security Council that my Office is undertaking investigations in which the accused are not only Serbs, but also Muslims and members of the Kosovo Liberation Army (KLA).”
1999-11-10 · UN Security Council · Security Council, S/PV.4063 (1999) · source
“I feel that it is the responsibility of the Prosecutor to confiscate the assets in the fugitives' bank accounts so that, when these cases come to trial, the judges may determine who is to receive the monies impounded by my Office. In this respect, I am of course thinking especially of the families of the victims. I wish now to address the obstacles we have encountered, especially the length of trials and preventive detention. This is a matter that we are addressing and I sincerely hope that we will be able to find solutions. The biggest problem, in my opinion, is the length of preventive detention. Once an arrest is made, the Office of the Prosecutor is ready to go to trial in 30 to 60 days, but since there are trials under way and the Trial Chambers are occupied, it is not possible to open new trials.”
1999-11-10 · UN Security Council · Security Council, S/PV.4063 (1999) · source