YouSaid · the spoken record

Judge Byron

lines on the record: 119
first: 2007-06-18
most recent: 2010-12-06
sittings or episodes: 8
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

“At the same time, this decision undoubtedly puts an additional burden on the currently serving judges, who are all sitting in at least two and often three cases in parallel. The inequality between permanent and ad litem judges with respect to certain entitlements remains a major source of concern. Following resolution 1855 (2008), which abandoned the requirement for a permanent judge to be included in each bench, the ad litem judges are now nearly identical in authority to the permanent judges and on equal terms regarding responsibility and case load. Ad litem judges will preside in several of the new cases. Addressing the inequality in status is crucial not only to ensure the motivation and commitment of those judges, but also as a matter of simple equity.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“However, with a caveat for the Karemera trial, we expect judgement to be delivered in all of these cases during the course of 2010. It is in this context that we invite the Council to approve the extension of the mandates for our trial judges until 31 December 2010. Three new ad litem judges joined the Tribunal in January and are part of the bench in several new trials. Our efforts to recruit a fourth additional judge from the roster were not successful, and the roster has been depleted. However, as evidence of our commitment to downsizing wherever possible and to prevent further delays that might be incurred by the nomination process, we have decided to try the remaining new cases with judges currently serving at the Tribunal and not to request the appointment of additional ad litem judges.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Nevertheless, the commencement of several of the new trials had to be adjourned for a variety of reasons, including disclosure issues, the unanticipated resignation of counsel in three cases shortly before the scheduled start of the trial, the death of one of the defence counsels and the recusal of a presiding judge. But despite those delays, we continue to make all efforts to meet the projections and to conclude the evidence phase by the end of this year to the extent possible. However, the delayed start of some of the trials requires contingency planning for a possible spillover of those hearings into the first months of 2010. The delays could also affect the schedule for the judgement drafting process, both in the new and the ongoing cases, as the same judges will be in trial and in deliberation for judgements.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“In the fifth multi-accused case, the Karemera trial, we are currently awaiting the decision of the Appeals Chamber with respect to our order to sever one of the defendants whose continued illness has delayed the proceedings. The maximum possible number of ten new cases projected for 2009 during my last presentation to the Security Council did become a reality. Four of these ten new cases have commenced as of today and in one of them the evidence phase has already been completed. The Tribunal continues with its efforts to improve the management of the trials, from the pretrial stage to the drafting of judgements.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Yet, equally important, the Tribunal has established a judicially verified factual record of the events in Rwanda that will serve as a background for the remaining trials, a resource for historians and as a major contribution to the process of reconciliation. But we are not complacent. In the six months since I last reported to you in December, the Tribunal has rendered three judgements involving six accused. Between now and the end of the year, we expect six judgements in other single-accused cases. The first months of this year have also seen the completion of the evidence phase in two of the largest multi-accused trials; the Butare trial and the Military II trial. These two and the Bizimungu case are now all in the judgement drafting phase, involving in total some 14 accused.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“At no small expense Council members have supported this Tribunal, which marks a milestone in articulating and protecting fundamental human rights without regard to ethnicity, local politics or national boundaries. The Council's support of our efforts demonstrates its commitment to the proposition that man's inhumanity to man cannot be excused as an inevitable trait of human nature. It is a choice for which every perpetrator of atrocities can be and must be held responsible. The ICTR has accomplished much since it was established in November 1994. It has rendered judgements concerning forty-four defendants in complex cases under difficult conditions.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“The Council was: "Convinced that the prosecution of persons responsible for serious violations of international humanitarian law would contribute to the process of national reconciliation and to the restoration and maintenance of peace " (resolution 955 (1994), seventh preambular paragraph) I would suggest that the Tribunal has fulfilled many of those expectations and we remain committed to ensuring that our legacy will be satisfactory to all Rwandans. As I present the eleventh completion strategy report to the Council today, I am mindful that I am here not merely to report the achievements of the Tribunal, but to acknowledge that the credit for those achievements belongs to the Council.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Judge Byron: I would like first of all to wish the new Turkish presidency the best of success for their tour of office. I would also like to recognize the presence of the Prime Minister of Croatia. It was 15 years and two months ago, on 7 April 1994, that the Rwandan genocide started. Three months later, at least 800,000 people had been killed, not to speak of the number of victims of rape, mutilation and torture and not to mention the psychological damage done to millions. Only a few months after the end of the atrocities, the Security Council created the International Criminal Tribunal for Rwanda (ICTR) with high expectations and ambitious goals.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“The decisions already taken on referrals do not undermine the fact that referrals continue to be part of our completion strategy. As the Prosecutor has mentioned, he is still engaged in investigations and discussions, and it is open to him, when he considers that changes have been made that justify a new application, to renew his application before the court to achieve this goal. Lastly, I wish to express appreciation for the strong statements that have been made concerning the continuing support for the arrest of the remaining fugitives. We also feel that that will assist in completing the fight against impunity and in the satisfactory completion of our mandate.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“I think I should probably put on record that our Tribunal benefited enormously from the visit of the Working Group, and we thought it had an important impact on the improvement of the morale of the Tribunal's staff. So I wish to express our appreciation. We have taken note of the remarks by Member States concerning the issue of the referrals. I want to assure the Council that the Tribunal is continuing the capacity-building relationship with Rwanda, to the extent that our trust fund allows us to. This, of course, gives me the opportunity to once more invite Member States to provide additional support to our capacity- building efforts by contributing, if they wish to, to the Voluntary Trust Fund, which supports these efforts.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Judge Byron: I wanted first to express appreciation to those delegations who especially expressed support for the applications before you. I would like to comment that approval would assist us in attaining the objectives of the completion strategy. I also wish to express my thanks for the general support that all Member States have expressed. I wish to give assurances that we will continue to do our utmost to earn their continued support and to justify the expressions that have already been made. I must also take this opportunity to join with the Member States who have congratulated Belgium on its chairmanship of the Working Group. From the perspective of our Tribunal, we think we have benefited enormously from the opportunity to interact and to share and exchange views on the issue of residual mechanisms.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Our efforts and the Council's cooperation and support demonstrate to the entire world that persons responsible for genocide or other grave violations of international humanitarian law will find no safe haven on Earth, no impunity, no evasion of fair trials and, when the evidence supports conviction, no escape from the punishment their horrendous crimes deserve.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“On behalf of all of the staff in Arusha and Kigali, I would like to conclude by thanking the Security Council, the Secretariat and Member States for their support of our work. Our close cooperation shows that none of us, on the national and international levels, shall relent in our determination to deny impunity to those responsible for the atrocities committed in Rwanda in 1994. The end of the Tribunal's mandate must not send a signal to the perpetrators that they are safe from justice. For our part, the Tribunal shall continue its efforts to improve the process and to make it as efficient as possible without compromising the principles of procedural fairness.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The cooperation of the Council would be very much appreciated in this matter. In the reporting period, two accused arrested last year were successfully transferred to Arusha. Unfortunately, no new arrests can be reported for the 13 fugitives still at large. As we approach the end of the Tribunal's mandate, I reiterate strongly my call upon Member States to cooperate fully with the Tribunal to ensure their arrest and transfer as soon as possible. The final issue I would like to address is the Tribunal's legacy. Following the visit of the Security Council Informal Working Group in September 2008, we have been working closely with the Secretariat and our colleagues in The Hague to plan a cost-efficient and effective mechanism for discharging all necessary residual tasks after the end of the Tribunal's mandate.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“In particular, they are taking active steps to address staffing needs and to further develop tools for expediting proceedings while fully respecting the right of the accused to fair trials. The Tribunal is grateful for the continued cooperation and assistance of Member States, on which it depends to fulfil its mandate. The long-standing issue of transferring convicted prisoners for the enforcement of their sentences is currently being addressed for a first group of convicts, following confidential orders. We are also grateful to have found a relocation State for one acquitted person. One more acquitted person remains in Arusha, and one convict will be released in December after having served his sentence. Both are awaiting a State willing to accept their relocation.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“In this context, I would like to reiterate my gratitude to the ad litem judges for their indispensable support to the Tribunal. Some of them have served for many years and on several cases concurrently. Their willingness to take on new cases in 2009 in addition to their current workload has been essential for the completion strategy, taking into account the anticipated unavailability of several permanent judges. We want to achieve our goals, and the workload ahead makes it clear that business as usual is not an option. All three organs of the Tribunal - the Chambers, the Registry and the Office of the Prosecutor - are well aware of this and are closely working together.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Four additional judges - three permanent and one ad litem - have announced their intention to resign after the judgements in their current cases have been delivered. They are not available to take on new cases. It will therefore be critical to appoint at least four new ad litem judges to replace those seven judges who will not be available for new cases. Only three permanent judges will remain to take on new cases. I have submitted to the Secretary-General a proposal for amendments of the Statute that will allow the Trial Chambers to be composed entirely of ad litem judges. I would respectfully ask the Security Council to consider this matter as a matter of utmost urgency in order to enable the Tribunal to begin hearing some of these new cases early in 2009.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The main factor straining the capacity of the Tribunal is the denial of the Prosecutor's requests to refer one case to Norway and four cases to Rwanda for trial. These referrals have formed an integral part of the completion strategy. The Prosecutor of the ICTR continues to investigate the extent to which new requests for referrals can be pursued. In anticipation of his efforts, three trials have been scheduled later in the judicial calendar. Instead of the decrease in workload that might have been expected as we move towards the completion of our mandate, we are now confronted with these ten new cases. At the same time, we are faced with the resignation of three judges, two permanent and one ad litem, by the end of 2008.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Only two trial weeks are remaining in that case and the evidence will be completed in the first week of February. The preparation of each judgement requires long deliberations and other work done outside the court rooms, often including the need to respond to numerous interlocutory motions. The Tribunal is facing a particularly challenging year in 2009. The workload ahead of us is greater than at any other point in the Tribunal's history. Proceedings may start in up to ten new cases, including five that could not be included in our planning when I addressed the Security Council in June. Our calendar has scheduled the evidence phase of all new trials to be completed before the end of next year. The new cases include the trials of three accused arrested in 2007 and 2008, a retrial ordered by the Appeals Chamber and a contempt of court case.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“The same trial bench that completed the evidence in Military II will deliver the judgement in Rukundo during the first part of 2009. Trial Chamber III delivered judgements in the cases of Nchamihigo and Bikindi, and will rule in the Zigiranyirazo case on 18 December. In addition, it will have rendered two decisions on requests for referral by the end of this year. The progress of the fifth multi- accused case, Karemera et al., was adversely affected by the deteriorating health of one co-accused, Mathieu Ngirumpatse, requiring him to stay in hospital and interrupting proceedings for several months. The Chamber is managing the procedural issues resulting from the medical problems and the trial is scheduled to resume in early February. The same bench that is hearing Karemera is also hearing the case of Kalimanzira.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Trial Chamber I focused on drafting the judgement in the huge and complex case involving four military leaders, Bagasora et al. That judgement will be delivered on 18 December. The Chamber also rendered two decisions denying requests for referral under rule 11 bis. In addition, judgements in the Renzaho and Nsengimana cases will be delivered in the first part of 2009. The completion of the evidence phase in the Setako case is scheduled for May. As projected, Trial Chamber II closed the evidence in three multi-accused cases, Butare, Military Il and Bizimungu, involving in total some 14 accused. Unforeseen legal complications make it necessary that in Butare and Military 11 some witnesses will be recalled in early 2009. However, that will not affect the scheduling for the signing of the closing briefs.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“Judge Byron: This is the tenth time that the President of the International Criminal Tribunal for Rwanda (ICTR) has had the honour of addressing the distinguished members of the Security Council for the presentation of the Tribunal's report on its completion strategy. I am grateful for the opportunity to inform you about our achievements during the last six months and the challenges ahead of us. I am happy to report that the majority of the projections I made in June 2008 have been realized. By the end of the year, four judgements will have been delivered - three single-accused cases and one multi- accused case. In addition, we have delivered four decisions on requests for referrals to national jurisdictions and one more will be rendered later in December.”
2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source
“I can only reiterate that the judges and staff of the International Criminal Tribunal for Rwanda will remain fully committed to doing our best to complete our mandate within a reasonable time. I have also noted the concerns and comments on the issue of referrals. What I would simply say in that regard is that the Tribunal will continue its work in capacity-building. In that regard, I would remind members of the Council that capacity-building activities do not form part of our assessed budget and that any assistance that is given to strengthen the voluntary trust fund will be applied in that area.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Judge Byron: I would simply like to thank speakers for their thoughtful statements. I would like to assure them that I have taken full note of the comments and the advice that has been given and will ensure that that wise counsel is considered as we proceed. These statements have demonstrated the continuing commitment of the Security Council to the high ideals of international criminal justice and the eradication of impunity. I would also like to say that I am extremely grateful for the indications of general appreciation for our work. I would like to assure the learned representative of the United Kingdom that, when I report back to the staff of the Tribunal, it is most likely that there will be a positive impact on staff morale.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“On behalf of the Tribunal, I would like to thank the Security Council, the Secretariat and the Members States for their steadfast support to the work of the Tribunal. The continued assistance of all Member States is necessary for the Tribunal to accomplish its mandate to bring justice and restore peace and security to Rwanda and the Great Lakes region. Its results will set an example and demonstrate that States are determined to fight against impunity for the most serious international crimes.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“On behalf of the Tribunal, I respectfully call upon Member States to provide support and assistance in finding and imposing sustainable solutions. The Tribunal has continued to work with the International Tribunal for the Former Yugoslavia on the development of arrangements for the performance of essential activities after closure of the Tribunals. It has conducted internal and external consultations with various stakeholders. The work of the Committee on Archives is progressing and is expected to produce recommendations shortly. The Tribunal has also continued to actively contribute to capacity-building in Rwanda and has delivered programmes that have benefited the judicial sector, civil society and academic institutions.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“During the reporting period, the Tribunal has benefited from the cooperation of many States. Rwanda in particular has continued to provide support in facilitating the presence of witnesses in Arusha and providing other essential services for the effective and expeditious management of the trials. The United Republic of Tanzania provided assistance in securing the arrest of Callixte Nzabonimana earlier this year. It must, however, be reported that the relocation of two acquitted persons has not yet been resolved, despite the strenuous efforts deployed by the Registrar to find a country of residence for them. That issue, as well as that of the relocation of those convicted persons who will complete the service of sentence, is increasingly becoming crucial as the Tribunal moves towards its completion.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Decisions from the relevant United Nations organs in support of the management and maintenance of our resources are instrumental to the Tribunal's completion strategy. Once again, I ask the Council to authorize the Secretary-General to take all reasonable measures to ensure that the Tribunal is able to retain its experienced staff in order to achieve its mandate. While on that subject, it would be remiss of me not to pay special tribute to the judges. Their commitment to the ideals of the Tribunal and their dedicated service have been exemplary and are essential to the attainment of our mandate. In particular, I would like to acknowledge the ad litem judges who, despite the differences in their terms of engagement, have wholeheartedly undertaken the same workload and served for a similar duration as permanent judges.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“In a few minutes, the Prosecutor of the ICTR will address this Council and request it to urge Member States to secure the arrest of the 13 remaining fugitives as soon as possible. The speed and efficiency with which that request will be executed will have an impact on the Tribunal's work. Another element that may have an impact on our work is the outcome of the five pending requests for referral that have not been put on our judicial calendar. Although a trial chamber rendered a decision on one of them last week, if an appeal is lodged, it will take three to four months before the Appeals Chamber will issue its ruling. Maintaining high performance standards while achieving the goals set by the completion strategy does not come easily. There is a high turnover of staff, which requires constant training and reorganization.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“As a result, the evidence phase in four cases - Karemera and the three recently arrested fugitives - will spill over into 2009. We have projected that seven permanent and eight ad litem judges could progressively dispose of those remaining cases during 2009. Two permanent and one ad litem judges will complete their assigned cases and resign by November 2008. No arrangements for their replacement are considered necessary due to the current and anticipated workload. As members can see, those new developments will require some adjustment to the terms of service of the judges. It is my intention very soon to submit to the Presidents of the Council and the General Assembly a request for consideration of that matter.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Despite the recent additional workload in connection with five accused, the evidence phase of all but four remaining cases will be completed by the end of 2008, with judgements expected at the latest in 2009. The recent additional workload in connection with five accused includes an indictment for contempt of court, an accused whose referral to the Netherlands was revoked, and three accused who were recently arrested. Both the contempt and the case for which referral was revoked have been scheduled for trial and judgement delivery in 2008. Because the three newly arrested are considered to be high-level accused, their trials ought to take place at the Tribunal. In view of the current workload and the occupancy rate of courtrooms, the scheduling of those three new single- accused cases will necessarily extend into next year.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Judge Byron: I, too, am greatly honoured to present to the members of the Security Council the ninth report on the completion strategy of the International Criminal Tribunal for Rwanda (ICTR). In 2003, the Security Council called on the Tribunal to "take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010" (resolution 1503 (2003), para. 7). Since then, the Tribunal has substantially complied with its completion strategy while upholding trial fairness and the rights of the accused. Of the 92 indictments issued by the Prosecutor, 41 have been disposed of. Of the remaining 51, four have been earmarked for referral and 13 accused are still at large.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“I would like to confirm, on behalf of the Tribunal, that the Republic of Rwanda, has, in fact, been cooperating with the work of the Tribunal. We have taken note of the concerns and the suggestions that have been expressed. With regard to the legacy, we are actively engaged internally in discussions and also in dialogue with the International Tribunal for the Former Yugoslavia (ICTY) and we will participate in the discussion scheduled for tomorrow with the working group on the subject. Finally, I would just like to confirm the commitment of the ICTR to use its best efforts to honour the mandates of the Completion Strategy and to work as effectively and efficiently as we can to meet this challenge.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Judge Byron: I wanted to say, from my personal point of View, I have been quite inspired by the thoughtful and well-informed statements of the members of the Security Council. On behalf of the Tribunal, I think we are extremely grateful for the words of appreciation for the work we have done and for the declarations of continuing support. I will certainly undertake to convey to the staff of the International Criminal Tribunal for Rwanda (ICTR) the laudatory and encouraging remarks that some of you have expressed. I am sure that it will encourage their dedication even further as we work towards the Completion Strategy. In this regard, I must also include a special expression of appreciation to the representative of the Republic of Rwanda for his assurance of his Government's appreciation for the work we are doing.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“On behalf of the Tribunal, I want to take this opportunity to thank the Security Council, the Secretariat and Member States for their steadfast support to the Tribunal which is crucial to the accomplishment of its work. I respectfully request the continued assistance of all Member States as we pursue our commitment to complete the ongoing trials in light of the Completion Strategy and to guarantee the triumph of international justice and the fight against impunity.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Its report, which is expected to be presented before the next reporting period comes to an end, will assist the Tribunals to provide informed recommendations to the Security Council for its consideration and ultimate decision-making. The impact of the Tribunal's work has already extended beyond the number of persons prosecuted and judgements rendered. One of the fundamental and lasting contributions of the Tribunal is bringing justice to the peoples of Rwanda and the Great Lakes region. Justice is an essential element of peace and reconciliation. There will be no lasting peace if there is no credible international justice perspective that unites on a higher level the peoples of Rwanda and the Great Lakes region, who have suffered from the heinous crimes committed in 1994.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Delegates from the African legal community contributed to valuable discussions on the work of the Tribunal and on mechanisms for disseminating the lessons learned to inform international law and to assist in the development of legal systems in the Great Lakes region. During the reporting period, significant progress has also been made in addressing one of the important residual and legacy issues: the Tribunals' archives. The Advisory Committee on Archives has engaged in informal consultations with Governments, civil society, non-governmental organizations, victims groups and international organizations, in Rwanda and elsewhere.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Registrar continues to make strenuous attempts to find a country of residence for them, but without positive results to date. I kindly request the support and assistance of Council members in finding and imposing a sustainable solution. In compliance with Security Council resolution 1503 (2003), the Tribunal and various stakeholders of the justice sector in Rwanda have continued to work to strengthen the capacity of the judicial system of Rwanda. Through its Outreach Programme, the Tribunal continues to raise awareness of its activities through multifaceted activities in partnership with academic institutions, the media and organizations of civil society. In November, the Tribunal co-organized a three-day symposium in Arusha, focusing on the legacy of the Tribunal.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Tribunal has benefited from the cooperation and assistance of States, which is paramount for the successful accomplishment ofits mission. In that regard, I must record with approbation that during the reporting period France has received two referral cases and that there were arrests of four fugitives, three in France and one in Germany. Yet, there are still the 14 fugitives who remain at large. Failure to arrest them and bring them to justice will seriously undermine the purpose for which the Tribunal was established. On behalf of the Tribunal, I once again call upon Member States to guarantee the arrest and transfer of these fugitives without delay. The relocation of acquitted persons has also become a matter for the Council's attention. Two acquitted persons remain under the protection of the Tribunal in Arusha.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“In relation to the permanent judges, I would simply like to express my solidarity with my colleague, President Pocar, on the issue of pensions. At the International Criminal Tribunal for Rwanda (ICTR), however, there is the special case of the ad litem judges, who have contributed equally with the permanent judges to the achievements and efficiencies that the Tribunal has exhibited. The Council's decision to extend the mandate of permanent and ad litem judges provided the Tribunal with the continuity, stability and experienced judges necessary for an expeditious completion of our mandate. It is our submission that a necessary sequel to that decision is to make further adjustments to the mandate of the ad litem judges, in order to consolidate achievements and to further efforts to achieve the completion strategy.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Tribunal's ability to maintain and improve upon its current level of efficiency remains, however, largely dependant on the retention of its highly experienced and qualified judges and staff. The Tribunal has been deploying its best efforts to persuade the Security Council and General Assembly to make special provisions to assist in retaining its staff. The crisis will undoubtedly escalate as we get closer to December 2008. I am aware that the issue is being actively considered by the relevant committees and officials. At this juncture however, I would like to invite the Council to authorize the Secretary-General to take all reasonable measures to ensure that the Tribunal is able to retain its staff in order to achieve its mandate strategy.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“As we consider the number of cases and referral proceedings in progress, it is expected that, during 2008, the appeal workload will substantially increase, and the same is true for the International Criminal Tribunal for the former Yugoslavia (ICTY). I would venture to suggest that, unless it is supplemented, the Appeals Chamber will not have sufficient capacity to complete its anticipated workload by December 2010. That is a situation that needs to be urgently addressed, perhaps as soon as June 2008. The significant results achieved by the Tribunal over the past six months are indisputably due to the coordinated efforts of all sections within the Tribunal.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“At the appeals level, two final judgements concerning four accused were delivered during the reporting period, bringing to 24 the total number of persons whose judgements have been completed at the appellate level. There are currently two accused persons with pending appeals. I should highlight that the Appeals Chamber delivered its decision in the Media case of the Trial Chamber presided by Judge Pillay of South Africa, which set for the first time in international criminal law standards applicable to the responsibility of journalists for serious crimes against humanitarian law. However, the complexity of the appellate progress was evidenced by the fact that the Trial Chamber decision had been delivered during the year 2003. It is, indeed, not too early to make plans for the completion of the Tribunal's appellate functions.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The evidence phase in the cases of the accused whose trials are in progress will be completed, except for the multi-accused case of Karemera, about which there have been previous reports, and the case of Augustin Ngirabatware, who is yet to be transferred to the Tribunal following his recent arrest in Germany. The cases of the accused in detention awaiting trial should be completed, with the four courtrooms running at maximum utilization during the entire year. That, of course, cautions that, if there are new cases for trial resulting from the arrest of the 14 fugitives still at large, difficulties with the referral of cases to national jurisdictions for trial, any new indictments, or unexpected developments in the cases already planned for trial, special arrangements will have to be made.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“I should recall that in previous reporting periods, one accused died before trial and two indictments were withdrawn. One of those, the case against Bernard Ntuyahaga, was tried in Belgium earlier this year. In summary therefore, of the 91 indictments issued, 41 have been disposed of, 36 are under active judicial management and there are 14 fugitives at large. This reporting period has seen substantial achievements, despite unexpected problems. The Tribunal was saddened by the sudden passing of Mr. Gaudreau, a Canadian citizen, who was Lead Counsel for Jerome Bicamumpaka in the Bizimnngu trial, which necessarily caused a hiatus until his replacement. The judicial calendar for 2008 projects the delivery of final judgements in all previously mentioned cases that are in the judgement-writing phase.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Trials are in progress against 18 persons in the four multi-accused cases and in one single-accused case that was commenced during the reporting period. There are three detainees awaiting transfer to the Tribunal. The case of Bagaragaza, which had been transferred to the Netherlands, met technical difficulties there and has been referred back to the Tribunal for disposition. Two of the fugitives arrested during this reporting period await the completion of the judicial process for their transfer to the Tribunal, one in Germany and one in France. At the Tribunal, there are two detainees whose trials are due to commence in early 2008 and four detainees whose cases for referral to a national jurisdiction are pending. There are 14 fugitives still at large.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Judge Byron: I am greatly honoured to address the members of the Security Council and to present the second annual assessment of the International Criminal Tribunal for Rwanda's completion strategy, for the period June 2007 up to the present time. In August, one new indictment was issued, namely, to prosecute a witness for giving false testimony. It was the first such case in the history of both International Tribunals and an important mechanism for protecting the integrity of the judicial process. Final trial chamber judgements were delivered and sentences were imposed against three persons, including in the case of false testimony. Cases of two accused were referred to France. The evidence phase in the trials against five persons was completed, bringing the total in the judgement-writing phase to cases against nine persons.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“As my colleague Judge Pocar said, I also have taken note of the remarks made today. We are particularly pleased at the widespread assertion of the importance of State cooperation to the attainment of the goals of the Tribunal, and, on behalf of the Tribunal, I express appreciation once again to the Security Council for the interest it has evinced, the support it has given and its pledges to continue giving it.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Nothing that I have said indicated that there was a problem with cooperation with Rwanda, which, as I have specifically stated, continues to cooperate fully with the Tribunal in all its activities. But some of the issues which have been affecting the decision-making in these processes include the interests of justice and human rights, including concerns expressed by the acquitted or released persons. The Tribunal has been acting, with the assistance of States and relevant United Nations agencies, to deploy its best efforts to resolve this matter in a manner that is consistent with the rules of international humanitarian law, taking into account the best interests of all concerned. I hope that I have answered the questions which have been raised as fully as I can at this time.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“That makes it unnecessary, I think, for me to reiterate any points I had made earlier, and particularly I recall that during the course of this week there will be an opportunity for more detailed discussions on the legacy and issues which have been raised today. I have every confidence that the attention to detail that has been demonstrated today will lead to finding the most appropriate solutions to the challenges that have been highlighted. Before closing, I should refer to the questions that were specifically addressed to me by the representatives of the Republic of Congo and of South Africa, both of which relate to the same issue: dealing with the location of acquitted persons. The Tribunal needs to address these issues in a holistic manner.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source