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

“In relation to the second of Cassese's conditions - the cooperation of all States and United Nation bodies - I shall not recount all the logistical, financial and other problems that bedeviled the initial life of the Tribunal and that have plagued its closure, or the myriad circumstances outside the Tribunal's control that led to delays in the arrest of fugitives and the conduct of proceedings. Indeed, these and other challenges, and the Tribunal's responses thereto, are set out in the report before you. However, the difficulties faced by the ICTY should in no way lead one to conclude that it is not worth it to resort to international criminal tribunals. In all fairness, as it turned out, the Tribunal ultimately received all of the resources and support it needed to complete its work. But let us be honest here.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“case, we can all agree that what happened in court last Wednesday was extremely unfortunate. The Tribunal attaches the utmost seriousness to this incident, which is now being thoroughly investigated. However, regrettable as they are, these circumstances must not be allowed to overshadow the ICTY's final weeks or somehow undermine the Tribunal's legacy and judgments. It is extremely disturbing, however, that some appear to be exploiting this situation. They should not be allowed to get away with that.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“With the delivery of judgments in the final trial case against Ratko Mladic' on 22 November, and the final appeal case against Jadranko Prlie and others on 29 November, the Tribunal's core work has now been concluded, in line with its previous commitment to the Council. It is only fitting that the judges who presided over both final cases are present here today. I am delighted and honoured that Judge Alphons Orie, Presiding Judge in the Mladie Trial Chamber, is seated next to me today as I present the Tribunal's final-ever completion strategy report (S/2017/1001, annex II). And, of course, I was the Presiding Judge of the Prosecutor v. Prlic' et al. case. Both judgments were significant and followed closely around the globe. In relation to the Prosecutor v. Prlie et al.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“I firmly believe that these two conditions have been met in the years since and that the Tribunal has fulfilled President Cassese's prophecy. In relation to the first condition, the tasks entrusted to us have indeed been daunting. The experiences we have lived through have been sobering, but the ICTY has demonstrated time and time again its resilience and determination to deliver justice. And we have done exactly that - rendered justice by prosecuting and adjudicating crimes committed by individuals - and I repeat individuals, not peoples or countries or Governments - in an impartial, independent, effective manner. To that end, we developed and implemented a completion strategy, and we constantly searched for ways to improve our operations and increase efficiency.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“They have been embraced by the Council in its decisions, by other international courts and tribunals in their judgements, and by numerous actors in domestic jurisdictions. These are but a handful of examples, and the Tribunal has broken new ground in areas too numerous to mention here, but which are set out in the report before the Council today (see S/2017/662). In his initial report to the United Nations (see S/1994/1007), that great man Antonio Cassese, first President of the ICTY, proclaimed that the establishment of the Tribunal could constitute a turning point for the world community if it proved that it could work in an effective and dispassionate way and if the necessary cooperation of all States and United Nation bodies were forthcoming.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“From 2 October 1995: "What is inhumane, and consequently proscribed, in international wars, cannot but be inhumane and inadmissible in civil strife." From 10 December 1998: "Rape may also amount to a grave breach of the Geneva Conventions, a violation of the laws or customs of war or an act of genocide, if the requisite elements are met, and may be prosecuted accordingly.' From 22 February 2001: "[T]he presence of a state official or of any other authority-wielding person in the torture process is not necessary for the offence to be regarded as torture under international humanitarian law." From 5 December 2003: "Acts of violence wilfully directed against the civilian population with the primary purpose of spreading terror constitute a violation of the laws or customs of war." The aforementioned statements constitute points of no return that forever changed the landscape of international justice.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“The Tribunal has, as of last Wednesday, 29 November, finished all its judicial work, firmly in line with previous forecasts. We are now only three weeks away from the ultimate conclusion of the ICTY mandate and the fulfilment of its completion strategy, having achieved over almost a quarter of a century what no one back in 1993 would have thought possible. Allow me to recall just a few of the Tribunal's defining moments.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“But there is another history - the history of those who, almost from the very beginning, were afraid to accept the Tribunal and even denounced it. It is a history that belongs to those who did not choose to fight impunity, but rather, for reasons of political or personal gain, blind nationalism and ethnic hatred, preferred immunity to impunity and chose to protect, and even glorify, those who had committed atrocities. Both histories will be remembered. However, in time the first will be judged favourably, and the second will be condemned. Despite all the sceptics, naysayers and deniers who, from the very beginning, embarked on a campaign against the Tribunal and have been at pains to question our legitimacy and integrity and to portray a doomsday scenario, I am proud to appear before the Council today and say "mission accomplished".”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“In retrospect, and knowing that evenings like that fateful and memorable Tuesday are much rarer today than in the golden age of political optimism of the early 1990s, many would agree with me that the establishment of the International Tribunal for the Former Yugoslavia (ICTY) was one of the international community's proudest moments. In supporting the creation and continued existence of the Tribunal, our predecessors and those present here today have put their signature on a very important page in the history of internationaljustice and the fight against impunity. We, together with the Security Council, will be remembered for what we have achieved; for having done something good - something meaningful.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Judge Agius: On a Tuesday evening back in May 1993, against a backdrop of ongoing atrocities, mass murder and war, this organ, acting on behalf of the international community, gathered to establish an international tribunal for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia. Spurred on by the belief that this was possible and necessary, by a prevailing faith in multilateral solutions, and by a determination and willingness to do something - anything - to try to halt the conflicts in the ex-Yugoslavia, the Security Council adopted resolution 827 (1993). The challenge was offering a bold and innovative response to conflict. The odds were zero to none. The score is 161 out of 161.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“I ask that all members of the Security Council continue to stand for what is right and to support the Tribunal in the last six months of its life. We cannot conclude our mandate without the Council.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“The setting up of a third centre, in Srebrenica-Potocari, is awaiting the signing of a memorandum of understanding. It is my hope, and that of the Tribunal in general, that an information centre will also be established in Belgrade, Serbia. As we look to the closure of the ICTY, in only a few short months, and to the Tribunal's final annual and completion strategy reports, we can be immensely proud of what we have achieved together since those early days in 1993. No institution can restore what was lost in the Yugoslav wars, or undo the terrible crimes committed during them. However, the Tribunal has demonstrated that, when the international community has the will to cooperate and to stand for what is right and just, those responsible for the most egregious violations of international humanitarian law can be held to account.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“I wish to publicly acknowledge Austria, Finland, Germany, Italy, my own country of Malta, the Netherlands, Switzerland and, last but not least, the European Union, which have pledged funds and support thus far. It is to that end as well that the Tribunal is involved in an ongoing project of establishing information centres within the region of the former Yugoslavia, as requested by the Council in resolution 1966 (2010). By providing local access to the Tribunal's public records and information about the Tribunal's work, the centres will play an invaluable role in continuing the legacy of the Tribunal in the region. The first information centre will open in Sarajevo, Bosnia and Herzegovina, and the Tribunal has re-initiated discussions with Croatia to establish a similar centre in Zagreb. Those discussions are at an advanced stage.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“The last year of the Tribunal's operations presents a unique opportunity to ask what our enduring legacy will be, as well as to cement that legacy by engaging with those most impacted by the Tribunal's work, and ensure that it will continue to have an impact in the future. For those reasons, while the primary focus is on concluding the remaining judicial work and a successful liquidation, the Tribunal is this year hosting a number of legacy and closing events designed to mark the end of a historic chapter in international criminal justice and to enable others to build upon the Tribunal's achievements and experience. Those events are completely reliant upon external funding.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“In addition to the judicial workload, the Tribunal's liquidation efforts are continuing full-steam as we approach our end date. Those efforts include the scheduled downsizing of staff at various times throughout this year; the disposal or sale of Tribunal assets; the transfer or finalization of all commercial and non-commercial contracts; the disposition of all physical and digital records; and the handing over of any residual activities to the International Residual Mechanism for Criminal Tribunals. I can assure all Member States that the Tribunal remains committed to a timely and efficient liquidation process and to learning from the experience of the International Criminal Tribunal for Rwanda. Finally, I turn to the Tribunal's legacy, which, as I noted at the outset, will be shared by the Security Council.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“I take this opportunity to publicly acknowledge all the staff members and Judges of the Tribunal - one of whom is present here next to me - and to thank them for their outstanding work and dedication. Our talented staff members are integral to the Tribunal's ability to function, and it is only through much personal sacrifice on their part that we are making strong progress in the remaining cases and will be able to complete all work before our closing date. The Tribunal is deeply grateful for their service on behalf of international justice. Incentives to retain staff would enable us to ensure that our mandate is completed in an optimal manner. The Tribunal urgently needs the support of the United Nations in that regard.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Turning to other challenges, despite the fact that we are optimistic about completing alljudicial work by 31 December, I must warn once again that the Tribunal continues to struggle to retain staff. Staff attrition will, in the final six months, pose a substantial - indeed, critical - threat to our ability to complete the remaining work on time. Although the Tribunal has done everything it can to retain staff, key staff members are leaving for more stable and long-term employment elsewhere in light of the Tribunal's imminent closure. This does not call their loyalty into question, but reflects the simple reality that our staff members seek a continued livelihood beyond 31 December.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Time is ofthe essence for the Tribunal to adjudicate these contempt proceedings before the end of its mandate, and they will - concluded or not - be an element of the shared legacy of the Tribunal and the Council, and of the efforts of the United Nations to end impunity. The Tribunal was created by the Security Council as part of these efforts, and the alleged interference with witnesses must not - indeed, cannot - go unanswered. We are ready and willing to try these individuals if they are delivered to The Hague, but we await the Council's urgent action. Let me be clear. I do not play games. As I have demonstrated throughout my presidency, I do what I say and I say what I mean. Neither I nor anyone at the Tribunal seeks to use this case to prolong the Tribunal's life.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“More recently, I formally reported the Republic of Serbia's non-compliance in my letter of 1 March 2017 to the then-President of the Security Council. I must emphasize once more that the charges against these individuals are extremely grave and that any interference with the Tribunal's witnesses undermines the nature and effective functioning of a judicial institution, especially one established by this very Council. Such allegations must be swiftly adjudicated. To speak plainly, the Republic of Serbia is in violation of its international obligations every day that these arrest warrants and orders for transfer are not executed. The Security Council has the capacity to tackle this issue, and it is imperative that it take decisive action.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“In the pending contempt case against Petar Jojie, Vjerica Radeta and Jovo Ostojie, the Republic of Serbia has failed to comply with its duties under the Tribunal's statute by refusing to cooperate with the Tribunal and to execute the arrest warrants of the accused that were issued almost two and a half years ago - I repeat, almost two and a half years ago. I remind the Security Council that I have raised this issue on a number of occasions - in my address of 8 June 2016 to this Council (see S/PV.7707) and to the General Assembly on 9 November 2016 (see A/7l/ PV.44), as well as in the Tribunal's completion strategy reports of May and November 2016 (S/20l6/454, annex II, and S/20l6/976, annex II)).”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“As outlined in the completion strategy report, the Registry continues to provide full support to the Tribunal's judicial activities through the effective management of various sections, such as those concerning communications and outreach, victims and witnesses, conference and language services, as well as the United Nations Detention Unit, which runs a programme in line with or exceeding international humanitarian standards and is visited and monitored by the International Committee of the Red Cross on a regular basis. The Tribunal, however, continues to face serious challenges.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“History will certainlyjudge us. In relation to the remaining judicial workload, the Tribunal has made considerable progress towards completing the final trial and appeal proceedings. At trial, the case of Prosecutor v. Rat/co Mlaclic' remains on schedule and the Trial Chamber is fully engaged in deliberations and drafting of the judgement. Similarly, on appeal, the case of Prosecutor v. Prlie et al. is on schedule, with the Appeals Chamber in full deliberations and judgement-drafting mode. Judgements in both cases are planned to be delivered in November, as previously forecast.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Beginnings and endings are one shared aspect ofthe human experience across the great diversity of peoples and cultures of the world. Endings provide us with a chance to reflect on achievements and challenges alike, as well as on how far we have come. While the Tribunal remains on track to complete the mandate it was given by this body many years ago, back in 1993, there are significant obstacles that require the urgent attention of the Council. In the Tribunal's final year, we are all the more aware of the legacy that we share with the Security Council and of what will be written in the last pages ofthe Tribunal's history. Any unfinished business will remain a disturbing footnote in an otherwise successful - indeed, groundbreaking - attempt to hold persons accountable for the most heinous crimes that can be imagined.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“At the outset, allow me to congratulate you, Sir, on your assumption of the presidency of the Security Council and to thank you for the support given to the Tribunal. (spoke in English) It is both an honour and a privilege to once again address the Security Council in my capacity as President of the International Tribunal for the former Yugoslavia, which just two weeks ago commemorated 24 years since its establishment by the Council pursuant to resolution 827 (1993). As Council members are aware, the Tribunal will close its doors on 31 December. This is therefore one of the last occasions I will have to address this body, and I am here today to present the Tribunal's penultimate completion strategy report (S/2017/436, annex II).”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“The Tribunal looks forward to completing its remaining cases and cementing its significant legacy during 2017, and to continuing to work with the Security Council towards the conclusion of its mandate.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“If adopted, the proposal will help to mitigate the risk posed by staff attrition, and I very much hope that Member States will lend their support in that regard. On the Tribunal's side, we have exhausted all available options and are now relying on the Organization to find an adequate solution. In conclusion, I would like to say that we should not forget that the development of an international justice system is a long-term project and that, in the grand scheme of things, we are just getting started. The Tribunal has played an enormous role in those beginnings. Not only has it changed the way we think about and react to impunity, it has served as a powerful catalyst for the establishment of other international courts and tribunals. As we approach our final year of operations, there is much to reflect on and be proud of.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Indeed, the last point I would like to raise is one that the Council is very familiar with by now, and it concerns the Tribunal's staffing situation. Let me emphasize that my commitment to concluding the Tribunal's work on time is unwavering. However, I feel compelled to continue to raise the issue because it concerns circumstances beyond and outside my control, and because it has a significant impact on the functioning of the Tribunal. The reality is that staff attrition will, if left unchecked, increase the risk that the Tribunal will not be able to complete its remaining cases by the end of November 2017. In that connection, the Tribunal has formulated a proposal for the consideration of the General Assembly, which is being discussed with the Secretariat.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“case is not heard and concluded before the end of November 2017, it will constitute a serious blow to all of the efforts to pursue accountability that the Council and the Tribunal have made together over a quarter of a century. I trust that the Security Council will take the necessary steps to prevent such a failure of international justice. I would like to assure the Council that my insistence that the case be heard is not in any way an attempt to extend the duration or life of the Tribunal. The Tribunal stands ready to dispose of the case expeditiously, in accordance with due process and fair trial rights. While I take enormous pride in closing down an institution of the calibre of the ICTY, I can assure the Council that it is by no means an easy task.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Furthermore, the Tribunal calls on all Member States to execute the international arrest warrants and orders to surrender. In the past, the Security Council has called on States to cooperate with the Tribunal pursuant to their obligations under article 29. There is no reason that this contempt case should be treated any differently, particularly when what is at stake is the integrity of the Tribunal's administration ofjustice. Indeed, contempt of court sabotages the Tribunal's ability to conduct fair and efficient legal proceedings. Furthermore, Serbia's past cooperation does not excuse its current non-compliance or release it from its ongoing obligations. If the Jojic' et al.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“I am referring to the pending contempt case of Prosecutor v. Jojie et al., in which the Republic of Serbia has yet to execute the arrest warrants for three indicted persons that were issued 22 months ago. It has further failed to file any monthly progress reports since May 2016. The Trial Chamber seized ofthe case advised me in September of Serbia's continued non-cooperation under article 29 of the Tribunal's Statute. In addition, one week ago theTrial Chamber made public international arrest warrants and orders to surrender the three indictees, which it had issued confidentially in October. I therefore request the Security Council's support on the matter. In particular, I urge the Council to ensure that Serbia abides by its duties under article 29 of the Tribunal's Statute and complies with the Tribunal's orders.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Further, the OIOS evaluation focused on efficiency, almost to the exclusion of other factors such as effectiveness and, most fundamentally of all, fairness and due process. This reflected an unfortunate misunderstanding of the Tribunal's primary aim and function - which are to deliver justice - and its unique nature as an international judicial institution. There is a systemic institutional problem with international justice. It is called politics. While the Tribunal appreciates that political sensitivities may arise in certain circumstances as a result of cooperating with the ICTY, these can never constitute an excuse for failing to do so. Cooperation is a Vital responsibility flowing from the statute of the Tribunal itself, and reflects the collective will of the Security Council in our common fight against impunity.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“ICTY judges know that they are not above the law and that they are custodians of the justice system and ought to be held accountable for any breach of their ethical or professional duties. Our report also identifies the lack of a disciplinary mechanism as a systemic issue that affects other courts and tribunals and a wide number of United Nations high-level and non-staff officials. The Tribunal therefore suggests that the General Assembly address this more comprehensively at an organizational level. Overall, the OIOS evaluation was a valuable experience. However, the Tribunal regrets that it was carried out at the very end of its lifespan and that, as a result, it was not possible to implement certain recommendations.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Everything that could feasibly and appropriately be done was done, bearing in mind our mutual interest that the Tribunal should stay on course to complete all its judicial work by 30 November 2017. The Tribunal's best efforts must therefore be measured against the context and purpose of that important commitment. I draw attention to OIOS'S third recommendation, which the Tribunal has partially implemented. A code of professional conduct for the judges of the Tribunal was adopted unanimously at the plenary of judges, held on 6 July, with immediate effect. In relation to a disciplinary mechanism, the Tribunal did not implement that recommendation, bearing in mind the lack of time and resources, although the judges considered it to be desirable.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“In the light of the projected completion dates of these cases, I have recently submitted a request for a final extension ofthe terms of office ofthe Judges. I use the term "final" precisely because I am confident that the Tribunal will close its doors at the end of 2017. I remain hopeful that this request will be favourably considered by the Security Council. Council members will also find that the aforementioned report contains a special section on the Office of Internal Oversight Services (OIOS) evaluation, and in accordance with resolution 2256 (2015) sets out the Tribunal's implementation of the OIOS recommendations. I wish to assure all Security Council members that the Tribunal took the evaluation and recommendations very seriously.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“With only one trial, one appeal and one contempt case remaining, the Tribunal's mandate is nearly complete, although it is not over and we shall face some formidable challenges in the coming year. It will be noted that, during the current reporting period, the Prosecutor v. Mic'o Stanisic' and Stojan Zupljanin appeal was delivered, and I can confirm that we are still on track to deliver judgements in both the Prosecutor V. Ratko Mladic' trial and the Prosecutor v. Prlic' et al. appeal by November 2017. In addition, proceedings in the trial case of Prosecutor V. Goran Hadeie were terminated following the death of the accused. The Tribunal's ongoing progress is due to the relentless efforts of all staff and judges, to whom I express my heartfelt thanks for their outstanding work and dedication.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“I should also like to thank the Informal Working Group chaired by Uruguay, as well as the Office of Legal Affairs. On behalf of all the judges and staff members of the International Tribunal for the Former Yugoslavia (ICTY), I wish to commend the Security Council for its prompt reaction to the Tribunal's urgent request concerning the composition of the Appeals Chamber. Resolution 2306 (2016), which amended the statute of the Tribunal, was not only adopted in a very short period of time, but it also demonstrated the Council's readiness and commitment to support the Tribunal. The completion strategy report (see S/2016/976) before the Council demonstrates that the Tribunal has continued to work vigorously and diligently since its last report (see S/2016/454).”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“I should like to begin by expressing my sincere congratulations to you, Sir, on your country's assumption of the presidency of the Council for December. Your country is known for its tireless support for international justice and was, as a member of the Security Council in 1993, an indispensable force in the creation of the Tribunal. (spoke in English) I take this opportunity to thank you, Sir, and your country, along with Angola, Malaysia, New Zealand and Venezuela - all outgoing members of this body - for their resolute support to the Tribunal. At the same time, I warmly welcome the incoming Security Council members, which will see the Tribunal through to the end of its mandate. I look forward to working with them during 2017.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Even though more than two decades have passed, and even though it has been a time-consuming and laborious process, we must and will continue to fight against the culture of impunity and for accountability and justice.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Despite the challenges that the Tribunal is facing, we stand committed with the Security Council to ensure the efficient and orderly closure of this institution by the end of 2017. Let me conclude by expressing, on behalf of all the judges and staff members of the ICTY, our sincere appreciation for the continuous support of the Governments represented on the Council. I would also like to thank the Secretariat for its invaluable advice, and last, but certainly not least, for the support received, especially from the Office of Legal Affairs. Our joint efforts to bring to justice those who committed the most atrocious crimes in the former Yugoslavia send a powerful message to the world.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“In order to ensure that the Tribunal has a truly lasting impact, its work must be complemented by outreach and capacity- building efforts to increase local communities' access to information about its achievements, and to promote a greater understanding of the Tribunal's work and its contribution to peace and justice in the region. While primarily focusing on its core business, the Tribunal has also been diligently working on these matters. It is my intention to highlight and increase these efforts during the Tribunal's remaining life. The Tribunal is engaged in a historic endeavour and must continue to be supported until the very end. We have come a long way in cementing the rule of international law and safeguarding the fundamental principles of peace and justice.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“While this will not be the last hardworking team of the Tribunal, I wish to go on record, on behalf of my colleagues on the Stanisie and Zaph'anin bench, in praising the team's tireless efforts and personal sacrifices in the name of international justice. We have been very fortunate to work with such dedicated and loyal staff. For everyone working at the Tribunal, our work represents more than just a paid service; it is the fulfilment of an ideal and a contribution to justice and the promotion of peace and security in the former Yugoslavia. As President of the Tribunal, I am determined to strengthen and consolidate the Tribunal's image, particularly throughout the former Yugoslavia.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“This last chapter of the life of the Tribunal presents not normal but exceptional operational circumstances that call for or require exceptional remedies. I take this opportunity to acknowledge the sterling work of my colleagues - all the judges of the Tribunal - as well as the immense contribution made by the Tribunal's staff in ensuring that cases are finished on time. In particular, I would like Security Council members to be aware of the critical role that staff members have played towards meeting the completion dates in the Stanisie and Simatovie, Butare, Karadzfi'c' and Seselj cases during the reporting period. I also want to thank staff members in the Stanisic' and Zupljanin appeal, over which I preside, who have been working literally around the clock to ensure that the 30 June 2016 target date is met.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Past Presidents and I have called upon the Secretariat, the Security Council and the General Assembly to assist us in implementing strategies to retain staff. I again call upon the Council to assist us before we reach the point of no return. As President of the Tribunal, I have the ultimate responsibility of ensuring that all cases are concluded and that the Tribunal itself is closed on time. I also have the responsibility to ensure that our highly qualified administrative and judicial staff are working in motivating conditions that are also satisfactory at the contractual level. Affording the Tribunal appropriate predictability by providing staff with incentives, such as an end-of-service grant, will be a necessity if we are to maintain a high quality of staff and the capacity to conclude all our judicial work on time.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“As previously reported, this is an enormous challenge that cuts across all areas of the Tribunal's operations. While we are fully committed to the downsizing process, I must again stress the urgent need for the Tribunal to be able to retain our experienced and specialized staff members in order to complete our work on time. In our penultimate year of operation, experienced staff members continue to leave the Tribunal to take up more secure employment, and there is no doubt that the rate of attrition will increase as the end draws near. The Tribunal is doing all it can to retain its staff, but without appropriate assistance and concrete measures it may face serious problems. The impact of staff attrition will be particularly damaging in the second half of the final year of the Tribunal.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I repeat that interference with the administration of justice undermines the integrity of our entire system. I remain hopeful that if there is good will, a solution can and will be found that will ensure compliance. On the Tribunal's part, I can assure Council members that everything is ready to ensure a speedy and fair trial once those three indictees are transferred to the Tribunal. Turning to other matters, as Council members can, see our trial and appeal activity is in the final stretch. Given the Tribunal's results in the last reporting period, any concerns about the Tribunal's commitment to concluding proceedings by the end of 2017 should be put to rest. At the same time, one serious hurdle remains - the matter of staff retention.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I consider this development to be a grave step backwards from the status quo on cooperation with the Tribunal and an unacceptable disregard of the primacy of Tribunal law over domestic law of Serbia, mandated by the Security Council. The Republic of Serbia has a duty to fully cooperate with the Tribunal in accordance with Security Council resolutions and the statute of the Tribunal. This means that Serbia has the duty to take any measures necessary to implement the provisions of both Security Council resolutions and the statute, including the obligation to comply with requests for assistance or orders issued by the Trial Chamber under article 29 of the Statute. Concluding these contempt proceedings is of the utmost importance to the Tribunal.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Interference with the administration of justice strikes at the heart of what the Security Council and the Tribunal have, together, painstakingly and at great cost endeavoured to build since the birth of the Tribunal, and undermines the Tribunal's ability to carry out its work efficiently and fairly. Significantly, the single judge in Serbia who has now decided that the conditions for transfer of the three indictees have not been met is the same judge who eight years ago in the Petkovie case decided exactly the opposite. Something is not right. Significantly also, and contrary to its own previous decisions, the High Court in Belgrade has now, to my enormous surprise, affirmed that Serbia has no duty to cooperate with the Tribunal on matters of contempt. This is very troubling and makes it imperative for me to express my serious concerns.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I emphasize that the arrest warrants were issued over 16 months ago, on 19 January 2015. On 18 May 2016, the Representative of the Republic of Serbia informed the Trial Chamber of a first-instance ruling of the same date, issued by a single judge of the War Crimes Chamber of the High Court in Belgrade, which held that the conditions for surrendering and arresting the accused had not been met. This ruling was confirmed on 18 May by a chamber of three judges of the same Court, and the Republic of Serbia communicated both rulings to the Tribunal on 20 May.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I can assure members that the Appeals Chamber, with myself as presiding judge, remains fully committed to completing the case by that date. I am pleased to note that the projected completion date of November 2017 has remained unchanged since it was first reported to the Council, in the November 2012 completion strategy report, and confirmed in all subsequent reports. Let me now move on to contempt matters. As the Council is aware, following the arrests of Ratko Mladic' and Goran Hadzie, in 2011, there are now no outstanding ICTY fugitives charged with serious Violations of international humanitarian law. However, in a pending contempt case, there are currently three ICTY indictees whose arrest warrants are yet to be executed: Petar Jojie, Jovo Ostojie and Vjerica Radeta.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Following the delivery of appeal judements in the Stanisie and Zupljanin case and the likely termination of the Hadeic' case, the terms of office of four judges will come to an end and the Tribunal will be left with a total of seven judges. In line with existing downsizing plans, staff members assigned to those cases will either depart the Tribunal following the completion of the cases or be reassigned to other cases. With regard to the Mladie trial, I am very pleased with its progress and can confirm that the existing forecast of November 2017 remains unchanged. In relation to the Prh'e et a]. appeal, I again wish to draw to the Council's attention the fact that the case is the most voluminous appellate case in the history of the Tribunal, and will require not only time but adequate, uninterrupted resources.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source