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

“The Mechanism is prepared to conduct a trial in the event that a fugitive is apprehended, but in order to do so it will require the continued cooperation and assistance of Member States, as indeed called for by the Council on several occasions. In that regard, the Mechanism trusts that South Africa, as one of the current members of the Council, will decide to honour its Chapter VII obligations, as well as the values that unite the Council, by securing the arrest ofthe fugitive that was located on its territory in 2018, almost 18 months ago. South Africa has done so in the past by arresting and transferring ICTR fugitives on two occasions, in 1999 and again in 2004.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“It welcomes the cooperation of those and other States as it endeavours to expand its enforcement capacity and to identify enforcement States for the convicted persons who await transfer. Separately, in relation to enforcement, I also look forward to continuing to improve the quality and transparency of the Mechanism's approach to early release and related matters. An updated Practice Direction will be forthcoming once the usual consultation process is complete. I will also mention the eight remaining fugitives indicted by the ICTR. The arrest and prosecution of those individuals is a top priority of the Mechanism and a primary focus of the Office of the Prosecutor.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“The Mechanism is ready to engage in frank discussions for the purposes of identifying areas where improvements can be made, as well as areas where best practices have already been implemented. It notes, however, that these processes are intensive in terms of time and resources and reduce its ability to perform core functions. Thirdly, the Mechanism looks forward to the continued and increased cooperation of Member States in relation to key aspects of its residual functions. Here I will mention the enforcement of sentences. Currently, 50 persons convicted by the ICTR, the ICTY or the Mechanism are serving their sentences in 14 Member States, and the Mechanism is deeply grateful for their ongoing assistance.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“In addition, the OIOS commenced a further evaluation of the methods and work of the Mechanism in October, which will carry into next year. Officials of the OIOS Inspection and Evaluation Division visited the premises in The Hague last week and are currently in Arusha. These processes will be complemented by several ongoing and pending audits by the OIOS, as well as the Board of Auditors. As in the past, the Mechanism takes such accountability processes extremely seriously. It therefore looks forward to opportunities to assess its progress and find new ways of increasing the efficiency and effectiveness of its operations, including through further harmonization between the branches, and measures to improve staff morale and performance.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“In so doing, it will be able to truly fulfil the Security Council's vision of the institution as a "small, temporary and efficient structure, whose functions and size will diminish over time, with a small number of staff commensurate with its reduced functions". (resolution 2422 (2018), para. 5) I am sure the Council will agree that that is a very appealing prospect. Secondly, we look forward to engaging in 2020 with the Security Council regarding its forthcoming review of the Mechanism. As the Council surely recalls, the Mechanism was tasked to operate for an initial period of four years and for subsequent periods of two years following reviews of its progress by the Council. The third such review of the Mechanism's progress by the Security Council will take place in 2020.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“First, we look forward to completing most of our judicial caseload in 2020, and to thereafter becoming a leaner residual institution. Indeed, with the exception of any potential appeals, the Mechanism expects to conclude all existing cases within the next 12 months. To clarify, that does not mean that the Mechanism will close once the cases are completed. On the contrary, the Mechanism was tasked by the Security Council to perform numerous residual functions that will continue for many years into the future unless the Council decides otherwise. The Mechanism will therefore be in a position to focus primarily on its continuous residual functions after 2020, in the absence, I should add, of any fugitive trials or review proceedings.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“These changes will ensure greater consistency between the branches and more streamlined operations, and they are extremely welcome. However, we will not stop there. Let me affirm that the principals, management and staff of the Mechanism, as well as its Judges, are committed to identifying further areas where harmonization can be enhanced and efficiencies optimized. Having outlined some of the Mechanism's activities and achievements in the past six months, allow me to share with the Council what the Mechanism is looking forward to in the coming year. As members will appreciate, 2020 is shaping up to be an extremely important year for the Mechanism, and therefore also for the Security Council. There are many milestones within our grasp.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“By the end of the year, the transition is expected to be finalized, and alljudicial records from the ICTR, the ICTY and Mechanism cases will be available through one database, not only to Mechanism staff but also to the general public. I note that the development of a unified database was one of the recommendations arising out of the 2018 evaluation by the Office of Internal Oversight Services (0108) of the methods and work of the Mechanism, which was of particular interest to the Security Council, as reflected in resolution 2422 (2018). A judicial records and court operations unit has also been created in Arusha, increasing the capacity of that branch to seamlessly manage court hearings and filings, and forming an important counterpart to the Hague unit. A duty roster of Arusha staff members has likewise been established.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“In addition to the legal work, I would like to draw attention to some of the Mechanism's other activities during the past six months. In particular, the Mechanism has made significant efforts, indeed great strides, in harmonizing practices and procedures between its Arusha and Hague branches. the Council will recall that this is one of the main priorities of my presidency, and I am heartened that the Mechanism's Prosecutor and Registrar also share this goal. Most notably, as Council members will see in the report, after seven years a common filing system for both branches has finally been launched. I am referring to the unified judicial database.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“Regarding our judicial activity in The Hague, I am pleased to report that the current caseload remains on track. In the Stanisic' and Simatovie retrial, the defence case commenced on 18 June. The defence for Mr. Jovica Stanisie concluded the presentation of its evidence in October, while the defence for Mr. Franko Simatovie began presenting its evidence on 12 November. In line with previous forecasts, it is expected that the trial will be concluded andjudgment delivered by the end of2020. Likewise, I can confirm that the appeal proceedings in the Mladic' case are progressing smoothly. The preparations for the appeal hearing are currently under way and the judgment is anticipated to be delivered by the end of next year.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“case, the reporting period saw the continuation of an extremely active pre-trial phase, with more than 53 decisions being issued by the single Judge. Two status conferences were held and the trial, which was originally scheduled to commence on 7 October, was postponed following a request by the Prosecution to substantially amend the indictment. The joinder of the new Ngirabatware contempt case will also have an impact on the start of the trial. However, in the decision issued yesterday, the single Judge rejected a request by Mr. Ngirabatware for a start date in August 2020 and indicated that the trial will commence within months of the date anticipated before the request for joinder was filed. It is therefore expected that the joint contempt trial will commence in the first half of 2020 and conclude by December 2020.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“I am referring to the confirmation by the single Judge on 10 October of an indictment against him concerning allegations of contempt and incitement to commit contempt of the ICTR and the Mechanism. Mr. Ngirabatware pleaded not guilty at his initial appearance on 17 October, and on the following day the Prosecution requested that that new contempt case be joined to the existing contempt proceedings in Prosecutor v. Maximilien Turinabo et al. case. I can share with the Council that, only yesterday, the request for joinder was granted by the single Judge. Mr. Ngirabatware's contempt case will therefore be joined to the Turinabo et al. case, which will now proceed against six accused persons rather than five. In the Turinabo et a].”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“That was the first time the courtroom at the Arusha branch had been used for an evidentiary hearing. The smooth manner in which the proceedings were held represented a remarkable team effort between staff from different sections at both branches. Just a few days later, on 27 September, months ahead of schedule, the Appeals Chamber delivered its review judgment in the case. The Appeals Chamber rejected Mr. Ngirabatware's attempt to show that the four key witnesses underpinning his convictions had truthfully recanted their trial testimonies and decided that the appeal judgment against him remains in force. Another significant development in Arusha also concerns Mr. Ngirabatware.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“Believe me, the principals, Judges and staff of the Mechanism are aware of the weight of the responsibilities entrusted to us and of the importance of succeeding in our mission. We are working tirelessly to ensure that we discharge our duties as effectively and efficiently as possible. I take this opportunity to thank and praise my colleagues and all staff at the Mechanism for their ongoing efforts. The report before the Council outlines the activities of the Mechanism over the past six months and highlights a number of key developments, as I shall explain. In terms of the existing judicial workload, I am pleased to report that, at the Mechanism's Arusha branch, the review hearing in the Prosecutor v. Augustin Ngirabatware case was successfully held from 16 to 24 September.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“Furthermore, I would like to acknowledge and sincerely thank the Mechanism's outstanding host States, the United Republic of Tanzania and the Kingdom of the Netherlands. I am proud to represent the Mechanism, which was established in 2010 by the Security Council to carry out the residual functions of the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY). In doing so, the Security Council affirmed the extraordinary role played by the two ad hoc Tribunals in carving out a new kind of justice, and the pressing need to protect their precious legacies in order to continue to guard against impunity and ensure the rule of law.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“Judge Agius: I am most honoured to present the fifteenth progress report of the International Residual Mechanism for Criminal Tribunals (8/2019/888, annex I) and to do so under the Security Council presidency of the United States. At the outset, allow me to sincerely thank all the members of the Council for their continued support to the Mechanism and acknowledge in particular the contributions that have been made over the past two years by the outgoing members, namely, Cote d'Ivoire, Equatorial Guinea, Kuwait, Poland and, of course, Peru, which has so capably chaired the Council's Informal Working Group on International Tribunals. I take this opportunity to congratulate the incoming members of the Council, whom I look forward to working with in 2020. I also thank the Office of Legal Affairs for its wonderful assistance.”
2019-12-11 · UN Security Council · Security Council, S/PV.8681 (2019) · source
“President, to commend you on your presidency for the month of July and to thank you in particular for your personal commitment and outstanding leadership as Chair of the Council's Informal Working Group on International Tribunals. My recognition also goes to the Office of Legal Affairs and its dedicated team for their invaluable support. And last but not least, I wish to express my sincere gratitude for the continuing and excellent support provided by the two Host Countries of the Mechanism, the Kingdom of the Netherlands and the United Republic of Tanzania.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“However, we must be mindful that justice has enemies as well, who are constantly seeking to make sure that countless atrocities throughout the globe remain unanswered. I am determined to do my utmost to maximize the Mechanism's ability to deliver meaningful justice and to fulfil all aspects of its mandate in an effective and efficient manner. My colleagues - the other judges - and the Mechanism's principals, together with our exceptional staff, are equally committed to this task. However, we cannot do it alone. The success of international justice depends on sustained support and cooperation, today and every day. I hope and trust that the Mechanism will continue to find such help in the esteemed States members of the Security Council. For their support thus far, I am extremely grateful. Before concluding, please allow me, Mr.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“International criminal justice concerns us all, becausejustice is in the service ofpeace, and peace must be maintained on a daily basis, as this distinguished Council knows all too well. The extent of the world's yearning for justice was made clear to me this year when I attended the twenty-fifth commemoration of the genocide against the Tutsi, in Kigali, and again last week in Potocari, where I attended the twenty- fourth commemoration of the Srebrenica genocide. These occasions reinforced in me the firm belief that, while international justice takes time and costs money, it is always worth it for the victims and affected communities, offering not only some form of closure but also a powerful way forward.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Consequently, those who deny the legitimacy of the findings of the ICTY, the ICTR and the Mechanism must be reminded that this body, the Security Council, mandated these institutions - and no one else - to investigate, prosecute, adjudicate and punish the crimes committed in the former Yugoslavia and Rwanda. Likewise, they must be reminded that the domestic courts are entrusted with continuing to carry out these functions and not politicians or individuals. I therefore call upon the Council to defend and protect our judicial legacy, which established time and time again, beyond a reasonable doubt, that what the world witnessed both in 1994 and in 1995 was genocide, together with the gravest and most brutal of other international crimes.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“The establishment of the Mechanism as the successor institution to the two ad hoc Tribunals further demonstrates the Security Council's commitment to principled accountability and its members' resolve to ensure that the closure of the Tribunals will not open the way for impunity to reign once more. On this day, we are also called upon to remember that international criminal justice is not the responsibility of courts alone. All those who are committed to the rule of law have a vital part to play in the fight against impunity - and particularly now, when there is a resurgence in genocide denial and revisionism in both the former Yugoslavia and Rwanda. Such an effort includes defending judicial processes and pronouncements and speaking out against those who try to distort the truth as established by international and domestic courts.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“It is of course a double pleasure for me to appear before the Security Council on the occasion of the Day of International Criminal Justice - a day celebrating the achievements of international criminal courts and tribunals in delivering justice and holding to account those responsible for violations of international law. Today we pay tribute to the vision and the commitment of all of the individuals, organizations and stakeholders that have advocated, and continue to advocate, for justice to be more than an abstract ideal. The underlying reason for this important day, namely, the adoption of the Rome Statute of the International Criminal Court, would not have been possible without the ICTY and the ICTR having paved the way for such a remarkable endeavour.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“For that reason, I am compelled to raise a challenging and most unfortunate situation under the Mechanism's purview. I am referring to the fate of the nine acquitted and released persons that remain in Arusha, one of them since 2004, and they remain there in an unacceptable legal limbo. These persons should be free to start a new life, having served their sentences or never been convicted in the first place, and yet they cannot. While the Mechanism is doing everything it can to find a long-term solution, the fate of these nine individuals is a responsibility it shares with the States Members ofthe United Nations, as was noted in resolution 2422 (2018). More can and must be done to resolve this situation.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“In my six months as President, I have come to appreciate even more how complex the enforcement of sentences can be and how precious such commitment is. In this regard, I would like to praise the critical role performed by Enforcement States that voluntarily assume additional responsibilities to further the cause of international justice. In particular, I wish to thank Austria, Benin, Denmark, Estonia, Finland, France, Germany, Italy, Mali, Norway, Poland, Senegal, Sweden and the United Kingdom for their generosity and ongoing support with regard to the Mechanism's enforcement functions. This exemplary cooperation is not only vital to the Mechanism's ability to fulfil its broader mandate; it is also a sign of the trust and credibility that our institution enjoys in the eyes of the international community.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Moreover, it has sought to build upon those standards through detailed procedures governing visits, communications, complaints and disciplinary matters in a detention setting. The Mechanism will continue to focus on ensuring that its implementation of this framework is also reflective of best practices in detention management. Thirdly, in undertaking its enforcement functions, the Mechanism will continue to rely on the support of Member States and other key stakeholders. It is evident that in order to have an enduring impact on international peace and justice, we must all remain committed not only to having trials and appeals and active judicial processes, but also to what comes afterwards.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“I recall that, pursuant to the Mechanism's legal framework, such decisions involve the exercise of discretionary functions by the President and require a careful case-by-case assessment and balancing of factors. Secondly, as a judicial institution, the Mechanism is bound to strictly observe its duty to safeguard the rights of all its detainees, whether subject to pending or ongoing proceedings or awaiting transfer to an enforcement State. As of 5 December 2018, the Mechanism has been implementing a new regulatory framework on detention matters that I believe can serve as a model for other institutions. In that regard, the Mechanism has been guided by the need to harmonize practices between the Arusha and The Hague detention facilities, and by standards enunciated by the General Assembly through its adoption of the Nelson Mandela Rules.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Determinations as to where a convicted person will serve his or her sentence, whether he or she should be transferred to continue a sentence elsewhere, or whether a person may be eligible to be considered for early release, pardon or commutation of sentence, are extremely important. There are also very sensitive issues relating, inter alia, to the rights of detainees and to sentences imposed as a result of painstaking, often lengthy trials and appeal proceedings concerning the gravest violations of international criminal law. My duty remains to apply the law, and I will continue to do so responsibly, thoroughly and with as much transparency as possible.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“I would therefore like to share some of my reflections, since assuming the presidency, on what it means to manage some of these residual matters, and will focus my remarks here on enforcement issues. My first observation may be an obvious one, namely, that justice does not end with the delivery of a judgment. I am referring here to post-conviction matters, which are a little-understood but crucial part of the Mechanism's work. The legal framework of the Mechanism grants me, as President, broad powers to supervise the enforcement of sentences, and I do not take those responsibilities lightly.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“It is clear that our trials and appeals, and especially our decisions, orders and judgments, are followed closely not only by the countries most affected by our work - Rwanda and those in the region of the former Yugoslavia - but also by other States Members of the United Nations and numerous stakeholders around the world. Less attention, however, is paid to the Mechanism's additional statutory functions, which include protecting victims and witnesses, monitoring cases referred to national jurisdictions, preserving the archives of the ICTR, the ICTY and the Mechanism itself, addressing requests for assistance from national jurisdictions and supervising the enforcement of sentences.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Another contempt case, the case ofPetar Jojie and Vjerica Radeta, is presently back before the Mechanism. In 2018, this case was referred to the authorities of Serbia for trial, but was subsequently remanded back to a single Judge following an appeal by the Amicus Curiae Prosecutor. In May of this year, the single Judge revoked the previous referral order and requested Serbia to transfer the accused to the Mechanism without delay. While the two accused have not filed an appeal against this decision, Serbia has, and the matter is currently pending before the Appeals Chamber. What the Council has just heard relates to the most Visible aspect of the Mechanism's mandate, namely, its residual judicial workload.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“In addition to those proceedings, which relate to core crimes within the jurisdiction of the Mechanism, the Mechanism is seized ofa number ofcases pertaining to allegations of contempt of court. I refer in particular to the multi-accused Turinabo et a]. case, in which a single Judge continues to conduct pre-trial proceedings and to deal with numerous motions filed by the five accused. It is anticipated that the trial will start in October and conclude in the first semester of next year. I would like to add that the Appeals Chamber, which I preside over, is also seized of several appeals of pre-trial decisions of the single Judge, and is making its best efforts to ensure that these are adjudicated as expeditiously as possible in order to allow the trial to start on time.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Solid progress is also being made in the Stanisic' and Simatovic' retrial, with the defence case underway as of 18 June. Thanks to the dedication of the Presiding Judge, Judge Burton Hall, and the rest of the Bench and assigned staff, the trial judgment in this case also remains on schedule for delivery by the end of 2020. In Arusha, the Ngirabatware review proceedings are currently expected to be heard in September. As the Council may be aware, the replacement of Mr. Ngirabatware's counsel and the disclosure of voluminous material from a related contempt case resulted in the postponement of the review hearing, which had previously been scheduled for September 2018.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“I wish to particularly commend Judge Vagn Joensen, who took over as the presiding Judge, and Judge Ivo Nelson de Caires Batista Rosa, who, upon being newly assigned to the case, was able to quickly take up the complex and significant responsibilities entrusted to him. In relation to the other ongoing cases in The Hague, I am also pleased to report that changes in late 2018 to the bench assigned to the Mladic' case have also not resulted in any delays to the appeal proceedings, which are progressing smoothly. I am grateful to the presiding Judge, Judge Prisca Matimba Nyambe, and the other Judges on the bench, whose diligence, together with that of the Chambers team, has allowed the case to remain on track to conclude by the end of 2020.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“The second in-person plenary of Judges, and the first to be held at the Mechanism's Arusha branch, took place earlier this year, in March, offering my colleagues and me a tremendous opportunity to discuss practical and substantial matters, familiarize ourselves with the new courtroom and get to know our dedicated staffin Tanzania. It was a most valuable meeting, which I hope will be repeated periodically. Turning to our workload, I am pleased to note that the appeal judgment in the Karadzie case was delivered on 20 March, representing a milestone for the Mechanism in the conclusion of one of its most significant cases. Remarkably, the timely adjudication of the case was achieved despite changes in the bench at a very late stage.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“I must add that the report partly reflects the work of the Mechanism under President Meron's guidance until 19 January of this year, when I took over the leadership of that fine institution from him. As set out in the report before the Council, the Mechanism continues to work vigorously towards concluding its residual judicial workload. Notably, most of this work has been performed by Judges working remotely, with the assistance of Chambers staff at both branches, in accordance with the imperative to operate in a cost-efficient manner. In the Mechanism's seven years of existence, its Judges have had only two opportunities to come together for the purpose of in-person plenary sessions.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Despite our unique mandate and the many challenges that no doubt lie ahead, I remain fully committed, first and foremost, to the efficient and timely conclusion of the judicial proceedings at both the Arusha and The Hague branches of the Mechanism, bearing in mind due process and fundamental fair trial rights; secondly, to enhancing inter-branch coordination and harmonization of practices and procedures; and thirdly, to doing my utmost to foster a working environment that encourages high staff morale and performance. This is in line with the priorities I announced at the start of my presidency, which are elaborated in document S/2019/4l7, being the Mechanism's progress report for the period 16 November 2018 to 15 May 2019.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“The role of Mechanism President is a demanding one, running an institution spread across two continents, with Judges and staff coming from numerous legal systems and diverse backgrounds, working in different time zones; with our focus split between the residual judicial matters arising out of two very distinct conflicts and resulting from the closure of the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY). I already knew of these unique circumstances before assuming the presidency, of course, because I have been a Judge of the Mechanism since it came into operation in 2012 and was a Judge of the ICTY for many years before that. Nevertheless, I have been surprised and enthralled by the extent to which the Mechanism differs from its predecessor institutions.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“Judge Agius: I feel deeply honoured to have once again the privilege of addressing the Security Council, this time as the new President of the International Residual Mechanism for Criminal Tribunals. I am fortunate to have assumed the leadership of the Mechanism when the institution is strong and well- established, thanks to the unstinting and outstanding work of my predecessor, Judge Theodor Meron, together with that of my colleagues, the Mechanism's remarkable Judges, and of course its wonderful staff. This is not to say that my first months have been easy.”
2019-07-17 · UN Security Council · Security Council, S/PV.8576 (2019) · source
“As the international community now looks on while mass crimes continue to take place, even as I speak, and geopolitical roadblocks impede any kind of comprehensive justice solutions, we must not forget the political courage that sparked the ICTY's existence, the Tribunal's long trajectory and the need to stay the course.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“The Members of the Organization decided that heinous crimes such as rape, torture, ethnic cleansing and the wanton killing of civilians affect each and every one of us simply because they imperil the great principles of civilization, as protected by the rule of law and enshrined in internationally recognized standards of human rights and humanitarian law. In closing, I cannot help but wonder what Nino Cassese or the ever-so-brilliant CherifBassiouni would say on this occasion. I can only hope that we at the Tribunal have made them proud and contributed to alleviating the anguish and sorrow ofthose who suffered during the conflicts of the 1990s.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“I also take this opportunity to congratulate and convey my best wishes to Japan for its term as President of the Security Council for the remainder of the year. I also wish to thank all outgoing members ofthe Security Council and, since I will not be at the Secretariat when it happens, to greet the incoming members who will start their terms in January. A great statesman and diplomat once said that "justice will not be served until those who are unaffected are as outraged as those who are". The setting-up of our Tribunal was a powerful signal that the international community would not stand idly by and watch while barbaric acts were being perpetrated far away in the former Yugoslavia.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“At the end of this month, there will not be a single staff member left, yet together with the judges, they have made it possible for the Tribunal to enrich international humanitarian law and to constitute a beacon of hope in the fight against impunity. I have faith that, wherever their journeys take them, they will continue to contribute to what is right andjust. On behalf of the entire ICTY, I express my heartfelt gratitude to all staff, judges and principals for their outstanding service to the Tribunal and to international criminal justice. It would be remiss of me not to also mention and thank all of the defence counsel and members of defence teams who throughout the years have always been considered a crucial part of the Tribunal.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“The ICTY is fortunate to end with a strong successor institution in place - namely, the International Residual Mechanism for Criminal Tribunals - and I know we can count on the Residual Mechanism, under the leadership of my renowned colleague, Professor Theodor Meron, to carry the Tribunal's legacy forward. Fourthly, I want to reflect on the people who have breathed life into the ICTY - the precious staff, principals and judges of the Tribunal who have been entrusted to carry out its mission. Not only has working with dedicated, talented individuals from around the world been the professional experience of a lifetime; it has also been deeply enriching and rewarding on a personal level. I only wish that each Council member could work with people as motivated and committed to the cause of justice as I have over my 16 years as an ICTY Judge.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Thirdly, ending impunity for mass crimes is not the preserve of any one institution; it is a common goal and aspiration that ties us all together in our shared quest for justice, peace and stability. We at the Tribunal have made our contribution, and indeed the Tribunal has spurred on the creation of other courts and tribunals. However, the international community must take steps to ensure that the contributions of these institutions are not undermined, or even reversed, by a lack of political support, and that their legacies are preserved.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“While it is commendable to see that many cases have been adjudicated through special war crimes courts and that specialized war crimes prosecutors continue to investigate and bring charges against perpetrators, much more needs to be done. In that respect, I urge the United Nations to continue to assist and support the relevant institutions and actors on the ground. Further, the rise of revisionism and nationalism throughout the region cannot be ignored. The international community must not delude itself- the absence of war does not mean peace, particularly in Bosnia and Herzegovina, where political conflict and unrest continue to reign. Itherefore urge the international community to assure those of all ethnicities throughout the region that they will not be abandoned after the Tribunal's closure, and to keep to that promise.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“I believe that we have been successful, and I want to stress that success cannot only be measured in terms of numbers ofjudgments delivered or cases concluded, but must also mean acting professionally and honourably, and being proud of what we do every day. I take great pride in closing down an institution of the calibre of the ICTY and in having kept my word to the Council that we would close by the end of this year. Secondly, the achievements of the ICTY do not begin and end in The Hague. The completion of our work, and of our restricted mandate as a court of law, does not mean that the job is done. It is with a heavy heart that I leave the Tribunal, deeply troubled by the huge numbers of crimes yet to be prosecuted before domestic courts in the former Yugoslavia and by the thousands of victims who continue to cry for justice.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Of course, I am personally indebted to many more, including - and certainly not least - the Tribunal's Prosecutor, Mr. Serge Brammertz, and the Tribunal's Registrar, Mr. John Hocking. As to my own, personal reflections, I would like first of all to say that, while serving as the Tribunal's last President has been a tremendous honour, ensuring that the ICTY closes in a timely and dignified manner has been an extremely heavy responsibility to shoulder. It has required extraordinary effort to balance and absorb pressures from both within and outside the Tribunal. There has never been any question of failure, because if the Tribunal had failed, through us the whole international community would also have failed.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“To all of those stakeholders and supporters, it is only befitting that I convey our sincerest gratitude on behalf of the Tribunal. In relation to the Tribunal's final biennium, I wish to personally acknowledge Ambassador Rosselli Frieri of Uruguay for being an eloquent and leading voice in the Security Council in the fight against impunity; Ambassador Cardi, who on behalf of Italy vigorously upheld and advanced the rule of law during his term on the Council; Mr. Miguel de Serpa Soares and Mr. Stephen Mathias, our formidable legal support team in the Secretariat; and to Ambassador Van Oosterom. The Kingdom of the Netherlands could not be in better hands as he prepares to assume his term in the Security Council. We trust that he will continue to advance the agenda of international peace and justice, which is his country's trademark.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“In these brief minutes, it would be impossible to specifically recognize everyone who has played a role in the creation, development and fulfilment of the Tribunal's mandate. From the unfailingly helpful Office of Legal Affairs, to the Tribunal's outstanding host country, the Netherlands; from the forthright Chairpersons of the Informal Working Group on International Tribunals, to the European Union and numerous individual States that have provided generous voluntary contributions to the Tribunal; from all the countless legal advisers here in New York to the civil society representatives, victims' associations and members of academia both in the former Yugoslavia and around the world; and, significantly, from the members of the Security Council, who in 1993 had the courage to take the initiative - indeed, the risk - of setting up the Tribunal, to those State representatives here today, and all those who have sat on this esteemed Council in between, it is thanks to your guidance and assistance throughout, your extension of Judges' mandates and ensuring the adequate provision of resources, that we have been able to carry out our work and get the job done.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“If we are to believe in international criminal justice at all, then we must accept that it will always be time-consuming, unwieldy and expensive, and that it cannot be compared with criminal proceedings at the domestic level. Could we have done things better? Probably. Could we have been more efficient? In hindsight, yes. Let me assure the Council, however, that this was not for lack of trying. Did we have a choice? No. Because, rest assured, to live with the alternative of doing nothing or giving in to impunity, is to pay a much higher price. Can anyone in this Chamber honestly argue with the family members of victims that justice for their loved ones is not worth fighting or paying for?”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source