YouSaid · the spoken record

Judge Jorda

lines on the record: 29
first: 2001-11-27
most recent: 2001-11-27
sittings or episodes: 1
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

“I turn back to the outreach programme, in completing my proposal. I must say that what currently impedes the development of mass media programmes is the fact that we did not include it in the permanent budget, and consequently we are dependent on voluntary contributions from countries. I wish to thank all who have supported us this morning concerning the Tribunal over which I have the honour of presiding.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“At the beginning, the Truth and Reconciliation Commission was an idea that was not very clear. The Tribunal itself, I would state, witnessed the emergence of these Commissions as a type of competition. Well, I would say to the Council that there is competition regarding national reconciliation. I myself went to Sarajevo last year to encourage the establishment of a Truth and Reconciliation Commission. I must point out that currently a bill is being drafted; in fact, it has been elaborated now for several months. We have had the opportunity to make comments, and we simply said: "Yes to the Truth and Reconciliation Commission", particularly in Bosnia, which is the country where this Commission has made the most progress, on the condition that the competencies of the Tribunal not be violated and that there not be an amnesty plan.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“But, of course, I still find encouraging the questioning by the representative of this country, which newly admitted to the international community. Regarding a concern expressed by the representative of Singapore, I believe that we should remember every time that we speak of establishing a process of international justice not to say, "We will do as we did for Yugoslavia" or "We will do as we did for Rwanda". On the contrary, we should say, "We should hesitate before getting involved in the establishment of a new tribunal". We should think about that, and avoid clumsy expressions, particularly now when the creation of the international criminal court is being discussed. Finally, I wish to say a couple of words on the Truth and Reconciliation Commissions. They are part of the overall picture.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I found a certain contradiction in the proposals of the representative of the Federal Republic of Yugoslavia and in the proposals concerning the same subject by Bosnia and Herzegovina. I found that the proposals of the representative of Bosnia and Herzegovina responded precisely to the proposals and questions made by the representative of the Federal Republic of Yugoslavia. Yes, yes, the outreach programme is an extremely complete programme that works through the media, particularly through regular television programmes, to inform the population of Bosnia and Herzegovina of the Tribunal's work. While this has not been done for the Federal Republic of Yugoslavia, I would respond that it is simply because thus far cooperation with Belgrade has been almost non-existent.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I hope that I have responded to the concerns expressed particularly those of the representative of Tunisia. There, of course, is specific, concrete information on the establishment of the jurisdictions, beyond which - and I agree with Ms. Del Ponte's advice - a special jurisdiction could be established in a form to be decided. Having finished with the methods, I can now respond to certain questions. First, on the outreach programme, I was happy and gratified to see that many of the Council members, particularly the representative of Norway, were interested in this programme. It is true that is extremely important to inform the populations of the States of the former Yugoslavia on the Tribunal's work.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I had suggested in my statement - and perhaps I should apologize once again for going beyond my role - I had suggested, as the Council did last year, that perhaps a working group set up by the Council, which after all created us, could deal with all these questions pertaining to the reform of the ad litem judges. Why? Because on this specific item - the role given to local jurisdictions and particularly the creation of a special court - I think this is a very interesting suggestion - I think that the Council and we ourselves should know what precisely the status is of the reconstitution of local jurisdiction, particularly in Bosnia and Herzegovina. Let us not forget that Ambassador Klein and Ambassador Petritsch are there and can enlighten us on the exact status of the reconstitution of the legal system of this country.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The Council has also said and approved that the local jurisdictions can perhaps now assume responsibility in carrying out international justice. I think that would be good, especially when we can see the future criminal court taking shape. The Council has also said - echoing our own comments - that the truth and reconciliation commissions have a role to play in the process of national reconciliation. So because this agreement seems to be general, - perhaps I am overstepping my authority - perhaps it could be the method for organizing this agreement and helping us in the most concrete manner possible.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“It seemed to me that all the representatives, at least those who spoke, were in agreement - I am thinking particularly of what the representatives of China and the Russian Federation said - that an ad hoc tribunal is not a definitive or permanent tribunal and that delayed justice is in itself not good. As was often said when the Tribunal was created and in the 1993 report of the Secretary- General, and as the Council stated again very clearly in resolution 1329 (2000), it is those with high-level responsibility, who planned the ethnic cleansing policies, who should be the first to be prosecuted by the Tribunals, which obviously cannot put on trial the thousands of responsible individuals with blood directly on their hands.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I would first like to thank the representatives, who, I believe, as they did last year and for several years before, make a contribution and always try to be very close to the developments in our work to help us with their considerations and proposals. Since it is late, I will not take long in order to leave time for Judge Pillay and the Chief Prosecutor to respond more specifically to some of the questions. I have one or two general comments and some more detailed comments on certain issues. Forgive me if I do not respond to everyone. It seems to me that there is general or near-general agreement on certain points stemming from the interventions and contributions of Judge Pillay and the Chief Prosecutor.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“For my part, and within the strict limits of my authority, I remain at the Council's disposal to collaborate in this exercise of reflection and, indeed, in any ensuing action. I believe that after eight years of intense activity, this process of reflection is both appropriate and crucial. Upon it hangs the ultimate success of an unprecedented undertaking that the Council has instigated, one whose role as a forerunner will undeniably be decisive for the International Criminal Court, whose opening is now more imminent than ever.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I would also like to state that we are prepared to reflect on what amendments to the rules of procedure and evidence would be implied by a redefinition of the relationship between the International Tribunal and national courts or, indeed, the other processes of reconciliation. I will conclude by stressing that we have implemented almost all the reforms we have considered vital and that they are beginning to produce the desired results. It nonetheless remains that to complete the work of the International Tribunal within a time frame compatible with the mission conferred on it by the Council, fresh reflection f and this is my own View - must be undertaken, in particular on the basis ofthe various observations I have just set out.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The national courts must be in a position to accomplish their work with total independence and impartiality and with due regard for the principles of international humanitarian law and the protection of human rights. This would suppose, among other things, that, under the aegis of the representatives of the international community in the Balkans, for example, judges or international observers would be sent to participate in or be present at the trials of war criminals and that the training programmes for local judges already set up would be expanded. I am aware that the process of judicial reconstruction is making good progress, and I wish to emphasize that the International Tribunal is prepared to make its contribution.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“However, let us understand clearly that in order for the International Tribunal to further focus its activity on prosecuting and trying the major military leaders and high-ranking officials, the States must participate even more actively in arresting and transferring them to The Hague. As the Council is aware, some of them still reside with total impunity in the Federal Republic of Yugoslavia, while others have taken refuge in the territory of the Republika Srpska. If these great leaders are arrested on 15 December 2007, we will certainly not be able to finish our work on 31 December 2007. That is obvious. For it to be possible to relocate the cases of lesser importance for the Tribunal, the judicial systems of the States of the former Yugoslavia must be reconstructed on democratic foundations.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The cases of lesser importance for the Tribunal ~ although, as we would all agree around this table, all criminal matters are important - could, under certain conditions, be relocated; that is, tried by the courts of the States created out of the former Yugoslavia. This solution would have the advantage of considerably lightening the International Tribunal's workload, thereby allowing it to complete its mission even earlier. Moreover, it would make the trial of the cases referred to the national courts more transparent to the local population and make a more effective contribution to reconciliation among the peoples of the Balkans.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“In examining the results and prospects of their mission after eight years of activity, they first discussed whether - as called for in Security Council resolution 1329 (2000) of 30 November 2000, which provided us with support so that we were able to expedite proceedings - the International Tribunal should not focus more on prosecuting crimes constituting the most serious breaches of international public law and order, primarily those committed by high-ranking military and political officials. After all, it is mainly those crimes that jeopardize international peace and security. Ms. Del Ponte, whose responsibility it is to initiate prosecutions and to whom I would like to pay tribute at this point, shares many of our concerns on this issue.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“For this reason, we should think together about new directions to assign to the International Tribunal for the years ahead. Allow me to try to outline them. The judges of the two International Tribunals, who met last September in Dublin in the presence of the Secretary-General's representative, Mr. Hans Corell, reflected on the priorities to assign to the International Tribunal for the years to come.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“This is especially so given that public opinion challenging the legitimacy and the credibility of the International Tribunal that is called on to try crimes, some dating back over 10 years, is beginning to make itself heard. Admittedly, as I indicated yesterday to the General Assembly, we can still introduce other internal reforms in order to expedite the proceedings further, and I will actively devote myself to so doing. Yet it must be acknowledged that the proceedings have already been substantially transformed by the four major reforms I have just mentioned and can no longer be appreciably amended without interfering with the fundamental features of an international criminal trial as defined by the Council in the statute.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“However, should these upheavals not also lead us to change our own view as to the ability of these States to try some of the war criminals in their territory? From this perspective, should we not, for example, further promote the new national reconciliation processes the Balkan States are setting up, such as the truth and reconciliation commissions? On the international scene, where other priorities are gradually, and legitimately, taking centre stage for Member States, particularly the fight against world terrorism, the International Tribunal must more than ever accomplish its mission in an expeditious and exemplary fashion.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The activity of the Trial Chambers has greatly increased: six judgements affecting 17 accused were issued, and several hundred decisions were issued during proceedings. The Appeals Chamber has issued some 30 interlocutory decisions and three judgements on merits for seven of the accused. However, I wish to inform the Council today about my second concern, which, in my view, is the most critical one. The Tribunal is fully operational -I believe that I have demonstrated that today - thanks to the Council's unfailing support for us. But the Tribunal is facing a new reality. Should not its priorities not be rethought? The political upheavals recently witnessed in the Balkans have gradually changed the perception of the International Tribunal held by the States of the region.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“We have 29 fugitives. The Council should know that. It is obvious - and the Prosecutor will speak to the Council about this state of cooperation - that I would not hesitate, since I have received the Prosecutor's report on this, to officially bring to the Council's attention, in view of the powers conferred on me by the statute and the rules of evidence and procedures, the failure of the States concerned. That cooperation should also be broadened with respect to the enforcement of sentences, as envisaged by the statute. I will return to this in a moment. It is against this international backdrop, now more favourable towards the Tribunal, that the number of people who have been arrested or who have voluntarily surrendered has multiplied in the last few months, bringing the number of accused detained in The Hague to 50.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The increase in judicial activity would not have been possible had it not been for the Member States' closer cooperation with the International Tribunal and their increased participation in arresting the accused and gathering evidence. I would underscore the change of political regime in the Republic of Croatia, which resulted in enhanced cooperation with the International Tribunal. The arrest of Slobodan Milosevic' and his transfer to The Hague likewise constituted a historic turning point. However, this new spirit of cooperation - the Prosecutor will address this better soon - is still too inconsistent, and it must be continued with respect to all the accused, particularly Mr. Karadzic and General Mladic, who are still on the run more than six years after having been charged. I must recall that. This is just one example.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The Trial Chambers will be holding six simultaneous trials on a daily basis, which will make it possible for the International Tribunal to double its trial capacity, as I promised the Council last year. This will enable us - with the reservations I will present later to complete the Trial Chamber proceedings in 2007-2008. Of course, to achieve that objective, the accused must continue to be arrested and to surrender voluntarily at a sustained rate. The necessary resources must also be granted to us in order to sustain particularly the work of the ad litem judges. That is a target that at this time would seem to me difficult given the imminent adoption of the 2002-2003 budget. It is my duty to recall that. Nonetheless, it is a target that we will try to achieve: carrying out these six trials simultaneously beginning in January 2002.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“So that these organs coordinate more closely in setting the judicial priorities and so that the resources of the International Tribunal are better managed, a Coordination Council and a Management Committee were instituted in January 2001, and they have met several times since. With the adoption of these reforms, the judicial activity of the International Tribunal has increased. As of September 2001, following the adoption of the Security Council resolution, the first six ad litem judges began to serve in three new trials. Thus, for the first time in its history, the International Tribunal is hearing four trials at once. As of January 2002, three new ad litem judges will serve at the International Tribunal.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Ensuring that the trials are balanced has been one of the everyday concerns of the judges since the Tribunal was established. Beyond counsel actually being in court, such balance requires that there be a defence counsel organization guaranteeing counsel's independence and professional ethics. The bar - a sort of international bar - should come into being in 2002 once the necessary consultation has been completed, in particular with defence counsel. The fourth reform, which has already been carried out, concerns the three organs of the International Tribunal: the Chambers, the Office of the Prosecutor and the Registry.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“At this point, I would like to offer the Council my special thanks for having acted so rapidly in support of this reform that is essential for the future of the Tribunal, and for having adopted resolution 1329 (2000) of 30 November 2000 to this end. The second reform, which is currently being implemented, seeks to improve the organization and operations of the two International Tribunals' Appeals Chambers, which will soon be faced with a significant increase in workload as a result of the expanding activities of the Trial Chambers. This is a matter of consistency: in reforming the Trial Chambers, we are reforming the Appeals Chambers as well. The purpose of the third reform is to provide the International Tribunal with a genuine defence organ.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The structural and operational reforms of the International Tribunal are producing their initial effects and leading to a substantial increase in its activity. The year 2000-2001 will undeniably have been marked by the implementation of four major reforms of the structures and operations of the International Tribunal. Briefly, I will remind the Council that the first reform seeks mainly to expedite the proceedings. It gives the judge a more active role during both the pre- trial phase and the trial itself. Through the use of ad litem judges, it also makes it possible to increase the International Tribunal's trial capacity. This is in accordance with internal reforms.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The second - which unfortunately is not a new one 4 may be put thus: how can all the high- ranking political and military officials still at large who, through their crimes, allegedly jeopardized peace and security in the Balkans be arrested at the earliest possible opportunity? These two questions deserve to be raised, as I see it, at this juncture when the judges of the Tribunal, which is of course an ad hoc institution, are embarking on their third mandate after already eight years of activity and are reflecting legitimately on the continuation and accomplishment of their work. Yet, before sharing with the Council these two matters of concern, allow me to give a brief overview of the current status of the International Tribunal and the reforms undertaken in the period under consideration.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Today I would like to draw the Council's attention more specifically to two questions which I believe merit in-depth reflection. The first is as follows: in the light of the upheavals recently witnessed both in the States of the former Yugoslavia, which are now more inclined than before to try their nationals themselves, and on the international scene, where the fight against terrorism - as the Council knows better than I - has become a new priority for the Member States, must we not reflect in concert on the future directions to give to the International Tribunal?”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I am deeply honoured to be addressing the Council again as President of the International Tribunal. As members are aware, a short while ago my colleagues once more displayed their confidence in me, and I will endeavour to show myself worthy. I am also pleased to have at my side President Pillay and the Prosecutor, Ms. Del Ponte, as we report to the Council on the situation of the International Tribunal over which I preside in The Hague, and inform the Council about our concerns regarding the continuation of our activity in the years to come. In the eighth annual report of the International Tribunal, which I had the honour of presenting to the General Assembly yesterday, members will find a comprehensive statement of the activity and reforms we undertook last year.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source