YouSaid · the spoken record

Judge Agius

lines on the record

170

first

2015-12-09

most recent

2022-06-14

sittings or episodes

10

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

1. “In that light, I urge the international community to draw upon the same courage, determination and imagination it displayed in the 1990s when establishing the ICTY and the ICTR, and in 2010 when establishing the Mechanism. Finally, the Mechanism will continue to require staunch backing in the years ahead, as well as the meaningful cooperation of those who respect its purpose and foundational principles. There is much work yet to be done and comfort in knowing that the task is a joint one. I again wholeheartedly thank all individuals, States and stakeholders that have shared in the journey of the Mechanism thus far and stood for what is right and just. Their support for our institution and in recent years of my presidency means more than I can express.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

2. “It is unsettling to be stepping down at a time when the global situation is arguably more precarious than it has been in years. The uncertainties that have plagued us recently show no signs of abating, and I admit that it is not always easy to remain optimistic about the state of international criminal justice. However, my experiences at the Mechanism and the ad hoc Tribunals have reinforced in me the unshakeable belief that the work of those institutions truly matters; that international justice initiatives can and do succeed, at times beyond all expectations; and that justice will ultimately prevail where there is the political will to seek it.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

3. “At the same time, I very much hope that our progress has instilled trust in the members of the Council that, when we say we will deliver results, we mean it, and that the Mechanism will continue carrying out its residual functions in good faith, to the highest of standards. Nonetheless, I must emphasize once more that many of those activities, including a number of judicial functions, will extend into the foreseeable future and for long after the main cases have concluded, unless the Council decides otherwise. It will be for the Security Council, not for us, to determine the scope of the Mechanism’s mandate and to decide if and when certain of our duties should more appropriately be discharged by others. In that and many other respects, we are in the Council’s hands.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

4. “Moreover, after almost a decade of operations, the Mechanism is far closer to realizing the Council’s vision of a small and temporary institution — an endeavour that should not be underestimated. It is not easy to head a downsizing institution and counter the deleterious effects of reduced productivity, wounded morale and increased employee turnover. Equally difficult is trying to solidify the “One Mechanism” approach within the Mechanism’s unique structure in order to ensure the optimal, most efficient use of resources at our two branches. Still, I am sure that my successor will be more than capable of meeting such challenges.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

5. “Finally, I express my gratitude to the European Union and the Swiss Government, whose funding of outreach and informational activities makes a palpable difference to those living in affected communities. That brings me to the future and the sense of assurance I mentioned at the beginning of my remarks. Following its fourth review of the progress of work of the Mechanism, the Council will soon adopt a draft resolution concerning our mandate, and the Secretary-General will subsequently appoint the next President from among the judges on the Mechanism’s roster. Change is therefore upon us, and with it come possibilities for revitalization and further improvement. I am confident that the Mechanism will continue to thrive under its new leadership, largely because it is in better shape than ever before.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

6. “In addition, during my time as President, I have especially valued the superb assistance provided by the Office of Legal Affairs. With respect to the role of States in the fulfilment of our mandate, I recall announcing early in my Presidency that justice does not end with the delivery of judgment. The truth of those words has been borne out time and again, and I highly commend all States that have volunteered to enforce the sentences of persons convicted by the ad hoc Tribunals or the Mechanism. Their exceptional cooperation was apparent at the height of the pandemic, when pursuant to my orders enforcement States provided COVID-19 updates every two weeks. I also acknowledge the Mechanism’s wonderful host States, Tanzania and the Netherlands, which so robustly support us in our mission.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

7. “Of course, the Mechanism’s success is not only attributable to those who work for or at the institution. The Mechanism, like its predecessor tribunals, is part of a broader system. Reflecting a shared vision of justice and a determination that the crucial work of those tribunals would be seen through to the very end, the Mechanism was brought into being at the international level but also relies heavily upon stakeholders in the regional and domestic spheres. Within the United Nations, the sterling support and guidance provided by the members of the Council and the Informal Working Group on International Tribunals are essential for the Mechanism’s functioning. Thanks to Council members and the United Nations membership, we are able to continue carrying out the vital mission entrusted to us.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

8. “I now turn to the immense gratitude I feel when thinking about my presidency and the collaborative efforts that have given rise to our accomplishments. I can categorically assert that we have all done the best that can be done. First and foremost, I wish to acknowledge the contributions made by our extraordinary staff, whom I thank sincerely. I also pay tribute to the friendship and outstanding service of the Mechanism’s judges, who hail from all corners of the globe and whose differing perspectives have immeasurably enriched my own. I also commend my fellow principals, Prosecutor Brammertz, who is present here today, and Registrar Tambadou, for their collegiality and assiduousness. Finally, I would like to publicly praise my own team members for their steadfast commitment and for how greatly they have inspired me.”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

9. “To my chagrin, I must now return to the Chamber, where last December I announced that the situation of the acquitted and released persons had been resolved (see S/PV.8927), to report that that is no longer the case; that the binding agreement signed between the United Nations and the Niger to relocate those persons to the Niger’s territory has not been honoured. The Registrar of the Mechanism is doing his utmost to find a way through that predicament. Separately, the contempt case against Petar Jojić and Vjerica Radeta is an illustration of where the Mechanism’s ability to secure justice has been thwarted — in that instance, by Serbia’s ongoing failure to fulfil the international obligations imposed on all States by the Council in resolution 1966 (2010).”

   2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

10. “All the while, steady progress has been achieved in areas as diverse as protecting witnesses, responding to national requests for assistance and managing the archives of the ICTR, the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) and the Mechanism. Our productivity in those respects has been enhanced by the Mechanism’s continual efforts to further harmonize and streamline its working methods. Parallel to the results, there have been some setbacks.”

    2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

11. “Regarding the enforcement of sentences, for example, the Council will recall that, in 2020, I issued a revised Practice Direction on applications for pardon, commutation of sentence and early release, with the aim of simplifying the process, while retaining the same legal approach. Since taking office, I have issued a total of 72 decisions and orders in relation to such applications, and I will leave only two recently filed matters to be dealt with by my successor. Separately, the Mechanism’s responsibilities in the monitoring of cases that have been referred to national jurisdictions have been drastically reduced. When I assumed the presidency, the Mechanism was responsible for monitoring seven cases. Now, only two cases remain.”

    2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

12. “I am encouraged that such developments represent the substantial fulfilment of one of the central priorities of my presidency, which was to conclude the Mechanism’s existing judicial proceedings in a timely and efficient manner, while ensuring due process and fundamental rights. However, the progress has not stopped there. Major advances in the tracking of fugitives of the International Criminal Tribunal for Rwanda (ICTR) have also had a decisive impact on the Mechanism’s operations and outlook. As a result of the arduous efforts of Prosecutor Brammertz and his team, only four ICTR fugitives are left, all of whom are expected to be tried in Rwanda. We have made headway in other key aspects of our mandate, as well.”

    2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

13. “In our other appeal case, Stanišić and Simatović, the proceedings are well on track for completion by the projected time frame of June 2023, and another status conference will be held by me next week in The Hague. In the Kabuga case, following the recent hearing of independent medical experts and oral submissions of the parties, I can report that, just yesterday, the Trial Chamber issued its decision, finding that the defence had not established that Mr. Kabuga is presently unfit for trial. The Chamber also decided, inter alia, that the accused shall remain detained at the Mechanism’s Hague Branch and that his trial shall commence there until otherwise determined. I invite Council members to read the comprehensive decision of the Trial Chamber, which is publicly available via the Mechanism’s website.”

    2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

14. “Allow me to share, too, my strong sense of satisfaction, gratitude and confidence when I consider everything that has happened since I took over as President and my conviction that we must carry that momentum forward. I am satisfied with the significant progress accomplished during the reporting period and throughout my presidency despite enormous challenges, including the coronavirus disease (COVID-19) pandemic. Indeed, I am struck by how different the landscape of the Mechanism appears now, particularly as regards the pending cases. We have only three main cases left, representing a markedly reduced judicial workload as compared to early 2019, and very soon there will be two, after the delivery, on 29 June, of the appeal judgment in the Fatuma et al. case, over which I preside.”

    2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

15. “Judge Agius: On behalf of the International Residual Mechanism for Criminal Tribunals, I have the pleasure to brief the Security Council on the progress of our work, as detailed in the comprehensive reports before the Council. On a personal note, let me say that it is a great honour to address the Security Council one last time before I step down as President of the Mechanism at the end of this month. Leading the Mechanism, alongside my fellow Judges and principals, has been one of the richest and most rewarding professional experiences of my life, and I will miss being able to contribute to the work of this fine institution on a daily basis and interacting with those who have become like family to me.”

    2022-06-14 · UN Security Council · Security Council, S/PV.9062 (2022) · source

16. “Moreover, when the progress made is considered in the light of resolution 2529 (2020), the Mechanism’s resolve to do everything within its power towards the optimal fulfilment of its mandate simply cannot be doubted. Council members have my word that we will proceed with the same dedication in the coming reporting periods. In turn, we will once again rely on the good faith of Member States and other stakeholders, as well as the valuable guidance of the Security Council, the Informal Working Group on International Tribunals, the Office of Legal Affairs and the OIOS. In the meantime, and in conclusion, I wish to thank you, Mr. President, and your Government, as well as all States and partners that continue to robustly support the mission entrusted to the Mechanism.”

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

17. “While paragraph 3 of the resolution urges intensified cooperation and assistance to achieve the arrest and surrender of the remaining ICTR fugitives, let us not forget paragraph 2, wherein the Council more generally urges States to cooperate fully with the Mechanism. In that context, the Mechanism once more calls on the Republic of Serbia to fulfil its international obligations by arresting and transferring Petar Jojić and Vjerica Radeta to the Mechanism. The report before the Council provides ample evidence of the Mechanism’s determination to keep achieving results that defy the challenging times that we are all experiencing.”

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

18. “President, and your Government for your outstanding assistance and demonstrated commitment to international justice. I also wish to commend and praise Registrar Tambadou in the highest terms and to acknowledge his crucial role in securing that outcome, along with his many other accomplishments since taking office in July of last year. The Republic of the Niger’s willingness to engage meaningfully with the Mechanism and, more importantly, take action epitomizes the type of State cooperation that will prove critical to the Mechanism’s ability to fulfil other mandated functions — cooperation that the Security Council itself has called for.”

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

19. “President, of your country, the Republic of the Niger, there has been a major breakthrough. I wish to share with Council members that on 15 November a milestone agreement between the Government of the Republic of the Niger and the United Nations on the relocation of persons acquitted or released by the ICTR or the Mechanism was signed. The agreement indicates that the Republic of the Niger has accepted for relocation on its territory all nine acquitted or released persons, and I can confirm that the agreement was already implemented with respect to eight of them. It is auspicious to announce that development here today under the Niger’s presidency. Allow me to express, on behalf of the entire Mechanism, our deepest and most heartfelt gratitude to you, Mr.”

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

20. “Finally, I move on to an issue that has long weighed heavily not only on the Mechanism and its predecessor, the ICTR, but also on the Security Council itself — a situation that at times has seemed almost impossible to resolve and is referenced in no less than 10 Council decisions, as well as numerous reports. I refer to paragraph 4 of resolution 2529 (2020), relating to the nine acquitted or released persons living in a safe house in Arusha. The Council emphasized the importance of finding expeditious and durable solutions and called on States to cooperate with, and render all necessary assistance to, the Mechanism. I am delighted to report that, thanks to the truly exceptional efforts of the Mechanism’s Registrar, Mr. Abubacarr Tambadou, who is with us today, and the exemplary cooperation, Mr.”

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

21. “During the reporting period, I disposed of three such matters and issued six ancillary orders in relation to other pending applications in order to ensure consultation with a wide range of stakeholders and collection of the fullest information. In addition, regarding a topic that I note is of specific interest to the Security Council, the Mechanism’s approach to conditional early release was further developed during the reporting period. My work in relation to the enforcement of sentences continues apace. Only the week before last, I rendered a decision disposing of one more early release application.”

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

22. “Kabuga’s health condition. Separately, in line with my own orders, I have continued to receive updates from enforcement States on the pandemic-related situation in prisons where the Mechanism’s 48 convicted persons are serving their sentences. On behalf of the Mechanism, I express sincere gratitude to each of those States for so conscientiously meeting their obligations in that area. In discharging the mandate alluded to in paragraph 12, as President, I have also devoted much time and attention to applications for the pardon, commutation of sentence or early release of persons convicted by the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia.”

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

23. “Although this is time-consuming, the Mechanism is comforted by the fact that the reporting process ensures transparency. And the more transparent we are, the more accountable we are to our governing body, while also being able to showcase the tangible achievements of our Judges and staff. With respect to paragraph 11, the Mechanism has continued to do its utmost to safeguard the rights of all persons detained on its authority, in accordance with applicable international standards, including those related to health care. This is exemplified by the COVID-19 measures in place at the Mechanism’s detention unit in The Hague, where all five of our current detainees — namely, Messrs. Brdjanin, Kabuga, Mladić, Simatović and Stanišić — are carefully monitored, as well as the vigilance of the Trial Chamber in determining matters related to Mr.”

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

24. “Another example of enhanced management is the ongoing collaboration between the principals and organs concerning the Mechanism’s response to the coronavirus disease (COVID-19) pandemic, including our efforts to ensure a safe, full return to the office. Next, in paragraph 10, the Council sets out specific reporting requirements. Its request to provide details on staffing, workload-related costs and projections of the duration of residual functions has been well and truly answered in the report before the Council and in the Mechanism’s two previous six-monthly reports. As Council members can see, the Mechanism prepares these documents with painstaking attention in an effort to provide information that is both thorough and relevant.”

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

25. “Resolution 2529 (2020) also incorporates the views and recommendations of the Informal Working Group on International Tribunals, which, in line with paragraph 9, we have taken into account and thoroughly addressed with a to further enhancing efficiency and effective and transparent management. In particular, we have been working hard towards the full implementation of the outstanding recommendations of OIOS. A primary focus in this respect was the adoption of an internal concept note for the Mechanism’s scenario-based workforce plan, reflecting the combined strategic thinking of the three organs on the future of the Mechanism’s remaining functions.”

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

26. “Currently on the docket are appeal proceedings in the latter two cases I have mentioned, as well as the trial against Félicien Kabuga, which at present remains in the pre-trial phase due to the health situation of the accused. It should be noted that the appeal case arising from the Nzabonimpa et al. trial judgment is now called Fatuma et al., given that the issues raised on appeal concern only four of the parties to the trial. While these cases and the Mechanism’s other mandated functions will continue for the durations indicated in the progress report, unless the Council decides otherwise, the change in the active caseload is significant. This is because reductions in staffing and resources are a necessary consequence of the conclusion of key activities, owing to the Mechanism’s nature as a downsizing and temporary institution.”

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

27. “This achievement is striking not only in the number of judgments, but also because of the remarkable efforts made by the Mechanism’s Judges, staff and defence teams to conclude the proceedings on schedule, despite obstacles that could have derailed the cases were it not for their determination. At the same time, the Mechanism can be very proud that its performance compares favourably to the progress made by other international criminal courts and tribunals during the pandemic. As a result, the core driver of the Mechanism’s activities — its pending judicial caseload — has further diminished and we have entered a new chapter in our operations.”

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

28. “The strong progress set out in the report before the Council evinces our unyielding commitment to realizing the Security Council’s vision of the Mechanism in that regard and to completing all functions as efficiently and effectively as possible, while at the same time bearing in mind the overriding principles of due process and fundamental rights that must determine the Mechanism’s conduct as an independent court of law. Most notably, during the reporting period, the Mechanism was able to deliver on time all three judgments that had been projected June of this year, namely, the appeal judgement in the Mladić case, as well as trial judgments in the Prosecutor v. Jovica Stanišić and Franko Simatović case and the Prosecutor v. Anselme Nzabonimpa et al. contempt case.”

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

29. “Allow me to draw the Council’s attention to certain aspects of the resolution. I would be remiss not to start by mentioning paragraph 6, which echoes part of resolution 1966 (2010) in emphasizing, inter alia, that the Mechanism was established to be a “small, temporary and efficient structure”. This language could be said to constitute the very touchstone for how the Council intended the Mechanism to operate as a residual institution, and paragraph 6 requests the Mechanism to be guided by these elements.”

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

30. “The document serves as a tool by which we can gauge our performance, and we constantly strive to fulfil the requests of the Security Council contained therein. We also take heart from the support shown by the Council in the text through its various calls on States to cooperate with and render all necessary assistance to the Mechanism. I am pleased that, during the reporting period and in the weeks since the submission of our report, resolution 2529 (2020) has largely been implemented. I can assure the Council that we will keep advancing this process as we prepare for the next two-yearly review by the Council in 2022. Already, we have been actively engaged — indeed, fully immersed — in the related evaluation of the Mechanism’s methods and work by the Office of Internal Oversight Services (OIOS).”

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

31. “Judge Agius: I wish a very good morning to all Council members. I am most honoured to appear before them to present the ninth progress report of the International Residual Mechanism for Criminal Tribunals (see S/2021/694). It is a particular privilege to be able to do so under the presidency of the Republic of the Niger, for reasons I will explain during my address. In June 2020, following its third review of the progress of the work of the Mechanism, the Council adopted resolution 2529 (2020). Since that time, we at the Mechanism have kept the resolution present in our minds as we go about our daily work, irrespective of whether it is within Chambers, the Office of the Prosecutor or the Registry.”

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

32. “It is our symbiotic relationship with Member States that has brought fugitives to justice and ensured that those convicted can serve their sentences. Without States’ willingness to assist and cooperate, the efforts of the Mechanism cannot materialize. Without their ongoing trust, the Security Council’s vision, as expressed in the creation of the two ad hoc Tribunals and the Residual Mechanism, will never come to its full fruition. On behalf of the principals, judges and dedicated staff, I would like to convey our deep gratitude in particular to our host countries, our enforcement States and all Security Council members for their unwavering support. Their robust commitment is admirable. I encourage others to follow suit so that the Mechanism lives up to its potential and that international criminal justice delivers on its promise.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

33. “Since it commenced operating, it has rendered landmark judgments, tracked the remaining ICTR fugitives, overseen the enforcement of sentences, continued to protect witnesses and victims, safeguarded the precious archives and assisted and monitored national proceedings for international crimes. No other institution is endowed with such a versatile and demanding mandate. However, our accomplishments are not to be assessed in a void, and neither should they be taken for granted. As is evident from what I have shared with the Security Council today, our progress in ensuring accountability and strengthening the rule of law is very much dependent upon States staying the course. Indeed, the backbone of the Mechanism’s success is the support of the Security Council and that of the international community at large.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

34. “It has been more than six years since Serbia was first requested by the ICTY to execute arrest warrants in relation to those accused persons, and this is the third time that Serbia’s failure to cooperate, despite endless opportunities to do so, has been reported to the Council. Serbia’s inaction not only undermines the effective administration of justice before the Mechanism, but also defies the international community by challenging the Security Council’s authority and the Charter of the United Nations. We have come a long way since the Security Council’s pioneering decisions to establish the ICTY and the ICTR, and later the Residual Mechanism itself. Equipped with a legacy of unparalleled achievements in international criminal justice thanks to the ad hoc Tribunals, the Mechanism has been able to further close the impunity gap.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

35. “The Security Council’s continued leadership and the cooperation and support of Member States are essential in tackling this situation once and for all. I now refer to my letter of 11 May (S/2021/452) informing the members of this organ of the Republic of Serbia’s continued failure to comply with its international obligations to arrest Mr. Petar Jojić and Ms. Vjerica Radeta and surrender them to the Mechanism. Upon the request of Judge Liu Daqun, the single judge seized of the case, I exercised my duty to notify the Security Council of Serbia’s non-cooperation with the Mechanism.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

36. “Turning to a separate matter, I note that the report before the Security Council is in fact the twenty- third report of the Mechanism raising the situation of the acquitted and released persons in Arusha. It is of fundamental importance that those individuals, who were either acquitted by the ICTR or have served their sentence, be resettled. Regrettably, a sustainable solution is yet to be found. However, I laud the efforts made by our Registrar, Mr. Abubacarr Tambadou, to keep exploring new possibilities despite the difficulties created by the ongoing global health crisis. As all Council members are aware, we depend on the international community’s assistance in resolving this long-standing challenge, which impacts on the Mechanism’s ability to complete its mandate.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

37. “President, as well as France, Norway and the United Kingdom, present here today, together with the Mechanism’s other enforcement States, have gone above and beyond in enabling us to carry out our mandate. I praise each of them for taking the necessary measures to keep our convicted persons safe and for regularly reporting to the Mechanism with regard to their well-being and the COVID-19 situation within the relevant prisons. Bearing in mind the paramount importance of securing the continued enforcement of sentences, I sincerely hope that additional States will step forward and enter into enforcement agreements with the United Nations for that purpose. That would allow the Mechanism to expand its enforcement capacity and to alleviate the burden on those States that have already supported us in that regard for many years.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

38. “A report on those questions is expected later in June. While most of our cases involving in-court proceedings are winding up, I recall that the Mechanism is, of course, mandated to carry out many other residual functions. Among them is the supervision of the enforcement of sentences imposed by the ICTR, the ICTY and the Mechanism itself. I again express my deepest appreciation for the invaluable contribution of the 15 States Members of the United Nations in Africa and Europe that, in currently enforcing the sentence of one or more convicted persons, continue to assume significant additional responsibilities. I fully recognize that that has been more challenging during the pandemic. Your country, Mr.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

39. “The closing arguments are scheduled from 21 to 23 June and the trial judgment is expected before the end of the month. Any appeals from the judgment will be heard at the Arusha Branch. With regard to other proceedings related to the International Criminal Tribunal for Rwanda (ICTR), I take this opportunity to provide an update on the case against Mr. Félicien Kabuga, who remains detained in The Hague following his transfer to the United Nations Detention Unit in October 2020. At a status conference held on 1 June, the parties discussed progress made with regard to case preparation and other relevant issues, and, following that, a pretrial workplan was announced. Furthermore, an independent medical expert has been assigned to examine Mr. Kabuga’s health, including his fitness to stand trial and ability to travel to the Arusha Branch.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

40. “The proceedings progressed extremely efficiently during the reporting period, with closing arguments held in April despite various challenges and intensive deliberations continuing apace. I commend the Trial Chamber for having kept things on track throughout. Following the conclusion of the retrial, any appeal proceedings in that case will be heard at the Hague Branch. Secondly, at the Arusha Branch, the contempt case against Mr. Anselme Nzabonimpa et al., formerly Turinabo et al., is also nearing its conclusion. Notwithstanding pandemic-related obstacles that impacted the parties’ ability to prepare their cases for trial, and the unfortunate passing of co-accused Mr. Maximilien Turinabo, the defence phase was completed by 7 May.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

41. “The issuance of the final judgment sends a strong message to victims of atrocities committed in the former Yugoslavia and elsewhere that the perpetrators of such heinous crimes will ultimately be brought to justice regardless of their position or how powerful and untouchable they consider themselves to be. While judgments such as this cannot bring back loved ones or heal the wounds or trauma endured, it is my hope that victims and their families will take some measure of solace from seeing justice being done and history being recorded. Today’s events leave us with two more judgments to be issued this month. First, I am pleased to inform you that the judgment in the Stanišić and Simatović retrial is expected to be delivered by 30 June.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

42. “Thanks to his diligence and unrelenting efforts, the deliberations and judgment preparation could continue. In the end, the Appeals Chamber was able to pronounce its judgment just shortly after the previously projected date. With today’s delivery, the Mechanism has made another tremendous step towards the finalization of its core judicial work. This case is also a testament to what can be achieved through international justice processes when States have the will to cooperate and overcome geopolitical roadblocks. In that regard, I recall that, while Mr. Mladić was indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) as early as 1995, it was thanks to the persistence of the ICTY Prosecutor, together with the support of the international community, that 15 years later his arrest was eventually secured.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

43. “Finally, we had the unexpected and tragic passing of a member of the bench — in this case, Judge Gberdao Gustave Kam, of Burkina Faso — in February of this year. The Mechanism — and I personally — still deeply mourn his loss. I take this opportunity to honour Judge Kam and his impressive contributions to international justice. He was not only an excellent judge with a brilliant legal mind, but also a kind and enthusiastic colleague who was valued and respected by his fellow judges and staff alike. At this sad moment, the Mechanism was fortunate that Judge Mustapha El Baaj of Morocco agreed to be appointed to the Bench at short notice in Judge Kam’s place. I sincerely commend Judge El Baaj for taking on the substantial responsibilities involved in joining this case at a later stage.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

44. “On this occasion, I wish to thank the judges of the bench as well as the assigned Chambers team for their tireless efforts to ensure that any delays in the conduct of the case and the delivery of the judgment were kept to a minimum. This was a remarkable achievement, given that the appeal process was complex from the beginning. I recall that issues pertaining to the disqualification of judges on the bench had to be addressed early on in the proceedings and that the health situation of Mr. Mladić required the postponement of the appeal hearing originally scheduled for March 2020. Then the coronavirus disease pandemic struck, and travel restrictions and social-distancing requirements caused progress to be further impeded.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

45. “Mladić’s appeal and affirmed his convictions for genocide, persecution, extermination, murder, deportation and other inhumane acts consisting in forcible transfer as crimes against humanity and for murder, terror, unlawful attacks on civilians and hostage-taking as violations of the laws or customs of war. The Appeals Chamber also dismissed the Prosecution’s appeal and affirmed the Trial Chamber’s finding that Mr. Mladić is not guilty of genocide in relation to crimes committed in certain municipalities in Bosnia and Herzegovina. The Appeals Chamber affirmed Mr. Mladić’s sentence of life imprisonment. I invite Council members to read the Judgment, which includes both the majority position and dissenting opinions and is already publicly available on the Mechanism’s website.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

46. “Judge Agius: It is my great pleasure to brief the Security Council once again on the progress of the International Residual Mechanism for Criminal Tribunals in the implementation of its mandate and to do so under the presidency of Estonia. Estonia has a distinguished record of supporting the rule of law — and the Mechanism in particular — and I wish it every success during its presidency. A few hours ago, the Mechanism’s Appeals Chamber pronounced its judgment in a high-profile case against Mr. Ratko Mladić. In brief, the Appeals Chamber dismissed Mr.”

    2021-06-08 · UN Security Council · Security Council, S/PV.8790 (2021) · source

47. “For all those reasons, I trust that the prevailing scepticism regarding international criminal justice will be set aside so that the mandate of the Residual Mechanism, as determined by the Council, can continue to be fulfilled. I thank all those present in advance, and I look forward to our joint achievements in the coming year.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

48. “The Mechanism is prepared to do its work and to dispose of the remaining cases as efficiently and effectively as possible, but it will require the necessary resources to do so and all the support that the Council can provide. Just as in the past, I have confidence that the international community will not let us down and that it will remember why the ad hoc Tribunals and the Mechanism were established in the first place. We were vividly reminded of why those institutions were, and still are, necessary earlier this year, which marks 25 years since the 1994 Genocide against the Tutsi in Rwanda, just as we will be reminded in 2020 when we gather to commemorate 25 years since the genocide in Srebrenica.”

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49. “A permanent solution must be found on an urgent basis, and the Mechanism will rely on the Council's renewed interest and resolve to take action. Fourthly and finally, we look forward to enjoying the continued support and assistance of the Security Council and the broader United Nations membership, particularly with respect to the Mechanism's budgetary requirements, as we work together towards our common goals. In that regard, members of the Council will be aware that the Mechanism's budget proposal for 2020 will soon be under consideration by the Fifth Committee of the General Assembly. As I have outlined, the Mechanism is poised to complete the bulk of its existing caseload in 2020. It strives every day to meet the expectations of the Security Council, which are indeed high.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source

50. “The Mechanism strongly regrets the current lack of progress, particularly since, as we all heard in this very Chamber in July of this year (see S/PV.8576), South Africa believes that States have an international obligation to cooperate with the Mechanism and the Prosecutor. The issue of the nine persons who were acquitted or released by the ICTR, but remain in a Tanzanian safe house, is another area in which the Mechanism looks forward to the meaningful cooperation of Member States. As I have stated before, the Mechanism finds itself with the day-to-day responsibility for those persons, even though that was never part of the Mechanism's mandated functions. As time passes, the situation of those men becomes more and more untenable.”

    2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source