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

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  1. “First, concerning the judges on the Bench, I reported to the Council in May that one judge had been transferred as of 1 May to the International Criminal Court to assume his functions as judge there, while remaining available at the ICTY for any pending matter on the Hadeie case. At the same time, the two other judges on the Bench indicated their readiness to explore cost-neutral solutions to their remuneration during the indefinite stay of the trial. Arrangements were in the process of being made with both judges when, on 19 May, the Prosecutor filed a motion for the formal termination of the proceedings in the Hadeie case. The defence has responded, and also agrees that the case should be terminated. I expect the Trial Chamber to issue a decision soon, hopefully before the end of this month.”

    2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source

  2. “The Appeals Chamber invited, inter alia, the Trial Chamber to reassess as promptly as possible the accused's fitness to stand trial. On 24 March, with a public redacted version filed on 5 April, the Trial Chamber found, by a majority decision, that the accused was unfit to stand trial and stayed the proceedings indefinitely. I can share with members of the Security Council that I have been personally monitoring the developments in the Hadeie case throughout this entire period, mainly due to the advanced stage ofthe accused's illness. However, there have been developments since the completion strategy report was issued that I would like to update members on.”

    2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source

  3. “Following those judgments, only two trial cases, involving two individuals, and two appeal cases, involving eight individuals, are ongoing. One of the appeals, namely, the Stanisie and Simatovic' case, is scheduled to be finally disposed of on 30 June, as I promised to the Council in December. In relation to the trial of Mr. Goran Hadiie, the Council will recall that, on 26 October 2015, the Trial Chamber found, by a majority decision, that the accused was fit to stand trial, but decided to stay the proceedings for an initial, renewable period of three months and to continue his provisional release. The prosecution appealed that decision and, on 4 March, the Appeals Chamber, presided over by me, granted the appeal in part.”

    2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source

  4. “We are reviewing the performance of the Tribunal's completion strategy at the best possible time with regard to results. I am pleased to report that, since my previous briefing to the Council (see S/PV.7574), in December 2015, every single case scheduled to be completed within the reporting period has been disposed of on time. Judgments were delivered in the appeal case of Stanisic' and Simatovie and in both the trials of Radovan Karadiie and Vojislav Seselj. In addition, on 14 December 2015, the judges of the Appeals Chamber delivered the final judgement in the largest appeal case ever adjudicated by the International Criminal Tribunal for Rwanda, namely, the Nyiramasahuko et al. case, otherwise known as the Butare case.”

    2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source

  5. “Judge Agius: I am deeply honoured to address the Security Council once again as President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), and to do so under the presidency of France. I would like to thank the President for the attention his country has given, and continues to give, to the matters that the Tribunal currently has pending before the Council. In the Tribunal's completion strategy report (8/2016/454, annex), of 17 May 2016, members will find a comprehensive statement of activity covering the past six months. Further to that report, please allow me to give a brief overview of the current status of the Tribunal and measures undertaken to complete its mandate and ensure a smooth transition to the International Residual Mechanism for Criminal Tribunals.”

    2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source

  6. “With the support and encouragement of the States Members of the United Nations, the ICTY, under my leadership, will strive to make all of the progress required in order to fulfil its mandate and will continue to serve as the concrete manifestation of a commitment to ending impunity.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  7. “I wish also to thank the European Union for its generous funding in support of the outreach projects in the region, which are a vital tool we have to ensure that the legacy of the Tribunal remains a priority. We indeed have a responsibility towards the legacy that we will leave behind. We also have a responsibility towards victims and their families. Despite the serious challenges that the Tribunal is facing, we stand committed with the Security Council to ensuring the efficient and orderly closure of this institution by the end of 2017. We are now at a crucial moment in the Tribunal's history. I believe that the Security Council and the Tribunal share the same goals and aspirations, namely, to bring to a successful conclusion this first big experiment in international criminal justice after the Second World War.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  8. “The Tribunal has been at the forefront in the fight against impunity for international crimes, and it continues to serve as a symbol of the international community's commitment to ensuring accountability for grave crimes, such as those committed in the former Yugoslavia, and to the laudable aim of preventing such crimes from being committed again in future. It is also important not to forget the pivotal role that the Tribunal has played, and continues to play, both in setting global standards for international criminal law and justice and in helping strengthen the rule of law at the local level. In this respect, critical to the broader success of the Tribunal is an understanding of its work by the broader international community and in particular by the countries of the former Yugoslavia.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  9. “I wish to recall that this year was marked by the twentieth anniversary of Srebrenica and the twentieth anniversary ofthe Dayton Peace Accords, as well as the seventieth anniversary of the United Nations. I note also that today is the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime. Anniversaries provide us with an opportunity to reflect on what has been achieved and to take stock of what remains to be done. Further, remembering the events of the past and paying tribute to those who suffered should strengthen our resolve to prevent such events from ever happening again. While the Tribunal is doing everything in its power to address challenges to the timely completion of its work, the obstacles it continues to face should not overshadow its enormous achievements.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  10. “To ensure that staffmorale is maintained as much as possible, the Registrar has developed a fair and transparent downsizing process in consultation with the Staff Union, and dialogue between staff and management is ongoing. In addition, the Registrar has implemented other measures, including the services of a career transition adviser to assist staff in transitioning to other areas of employment. Of course, it is clear that the Tribunal must continue its efforts to adopt strategies that reduce any delays in ongoing cases to a minimum; this obligation impacts both the fundamental rights of the defendants and the resources of the international community.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  11. “The increasingly alarming drain of experienced staff constitutes a serious threat to our efforts to complete the mandate within the projected timeline. This issue has been, and continues to be, addressed in the proceedings of the Prlie appeal, Mladic and $65te by increasing the number of staff on the teams and allowing for the possibility of promotion as a staff-retention measure. The Seselj case in particular suffered continuous departures of members of the Chambers support team during the last reporting period. The team has subsequently been reinforced. The other challenge facing the Tribunal remains that of staffmorale.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  12. “I can assure Council members that all possible measures are being implemented to prevent and address causes of potential delay that are within the control of the Tribunal. Judges and staff are working diligently to complete judicial work as rapidly as possible, while maintaining our commitment to guaranteeing procedurally just trials and appeals. It is therefore expected that the Tribunal's judicial work will be completed on time. However, while the Tribunal is currently on track, there are challenges that must be managed if the Tribunal is to meet its ultimate goal of closure in 2017. These challenges are not new and have been brought to the attention of the Security Council by my successive predecessors. Most critically, there is the perennial and endemic problem of staff attrition.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  13. “Regarding the Prlic' appeal, I wish to highlight that this case is the most voluminous appeals case in the history of the Tribunal and will require not only time, but adequate uninterrupted resources. While it will certainly be a challenge to meet the projected time frame, the Appeals Chamber remains committed to completing this case by November 2017. I will make sure that, with the Security Council's help, all measures are taken in order to ensure an efficient and timely completion of the case and to prevent any slippage. It should be noted that the responsibility for meeting a projected time line is that of the Presiding Judge of a case. Nevertheless, as President I remain in constant dialogue with the various Presiding Judges to seek to identify potential delay factors and to work towards early solutions, as far as possible.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  14. “That having been said, the drafting ofthe judgement in the extremely complicated Karadeie trial is at a very advanced stage, and the Presiding Judge has assured me that proceedings will definitely come to an end before the end of March 2016. I am also hopeful that the Seselj trial will be concluded by the same date. I have the commitment of the Presiding Judge and his two colleagues that every effort will be made to observe that deadline. In particular, the Presiding Judge, on behalf of the bench, has now advised that a written judgement is planned to be delivered during the first quarter of 2016. Further, I am pleased to report that the Mladie trial, and the appeals in Prosecutor v. Mic'o Stanisie and Stojan Zupljanin and Prosecutor v. Jadranko Prlic et a]. remain on target.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  15. “An appeal of this decision has been lodged by the Prosecution and I will deal with it over the next couple of months. I am sure that Council members will agree with me that challenges such as the health of the accused are beyond our control and require ongoing assessment on a case-by-case basis. The health situation of Mr. Hadzie is being closely monitored. The Tribunal continues to make significant progress notwithstanding the ongoing challenges it is facing. However, this progress has unfortunately suffered some setback in that both the Karadzie and the Seselj trials will not be decided by the end of 2015, as had been forecast.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  16. “While the Tribunal continues to make every effort to meet the targets of its completion strategy and the forecast judgement delivery dates, it has faced a number of challenges, which to my great regret have caused delays in some cases. The specific lengths and causes of these delays are outlined in the written report that has been submitted to the Security Council in document S/2015/874. In the trial of Mr. Goran Hadzie , on 26 October the Bench rendered a decision in which it stayed the proceedings, considering by majority that while the accused is still fit to stand trial, his health condition precludes his detention at the United Nations Detention Unit in The Hague. The decision to stay has been taken for an initial, renewable period of three months.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  17. “I am pleased to report that the Tribunal has continued to make progress in completing its work. During the reporting period, four trials, involving four individuals, and three appeals, involving 10 individuals, were ongoing. One of the appeals, in the Prosecutor v. Jovica Stanisie and Franko Simatovie case, is scheduled to be finally disposed of in a few days, on 15 December. In addition, the day before that, on 14 December, the Appeals Chamber will deliver its judgement in one of the largest appeals cases ever, the Butare case, which is an appeal from a judgement of the Rwanda Tribunal and will signal the end of that Tribunal's judicial work. That will leave four trials and two appeals pending before the Tribunal of which I am President.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  18. “Before turning to my report on the work of the Tribunal, I wish to congratulate the United States on assuming the presidency of the Security Council. I would also like to express my gratitude to the Informal Working Group on International Tribunals, with which I had the honour to meet two days ago. In particular, I should like to recognize the exceptional leadership of Chile over the past two years. Further, I wish to recognize the invaluable support and assistance provided to the ICTY by the Office of Legal Affairs and the Legal Counsel. Finally, I wish to pay tribute to my colleague President Vagn Joensen, and to recognize the immeasurable contribution he has made to international criminal justice as President of the International Criminal Tribunal for Rwanda (ICTR), an institution that will close its doors at the end of this year.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  19. “Please allow me to firstpay tribute to my predecessor, President Theodor Meron, for his outstanding work during the past four years. His endeavours have been vital in preparing the Tribunal for its last biennium. In this regard, I wish to point out that the written report being presented today (see S/2015/585) reflects the work of the Tribunal over the last reporting period under President Meron's guidance. I also would like to underscore that cooperation between the Tribunal and the International Residual Mechanism for Criminal Tribunals is ongoing and will continue, in order to ensure a smooth transition of remaining functions and services to the Mechanism, in compliance with resolution 1966 (2010).”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source

  20. “Judge Agius: I am deeply honoured to have been elected President of the International Tribunal for the Former Yugoslavia (ICTY) at a crucial time in its history, with the ultimate responsibility to guide its closure in 2017. In many ways, this task will be extremely challenging, but it is a challenge that I willingly accepted, having served as Vice-President for the past four years and as a Judge of the Tribunal since 2001. It is also a responsibility that has been entrusted to me by my colleagues, and I intend to accomplish it with determination and to the very best of my abilities. In this regard, I am looking forward to working closely With my colleague from China, Judge Liu Daqun, in his capacity as Vice-President of the Tribunal.”

    2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source