YouSaid · the spoken record

Judge Meron

lines on the record: 419
first: 2003-10-08
most recent: 2018-12-11
sittings or episodes: 21
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

“For the support that the members of the Security Council have offered me throughout my presidencies of the Mechanism and, before that, the ICTY, and for the support that the Council has provided and will continue to provide to the Mechanism itself, I am humbly and deeply grateful.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“It is a reminder of the thread of human events that connects our work today with those dark days of unimaginable cruelty and chaos from the Second World War. It is a reminder that none of us may stand idly by while genocide and other violations of international law are committed, or while their commission is denied. It is a reminder today of the chorus of generations - from the Poland of my childhood to the former Yugoslavia and Rwanda, to so many other places around the world - that, when faced with appalling atrocities, proclaimed "never again". We must heed those lessons, lest we be doomed to repeat them. The leadership of all those present here today, and the Council as a whole, is essential in that regard, as my generation passes on the torch.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“It was that experience that led to the Universal Declaration of Human Rights, which marked its seventieth anniversary only yesterday, and it was, in many ways, the echoes of all that that led to the establishment of the ICTY and the ICTR - the pioneers of international criminal justice in the modern era. Today, in speaking of the work of the International Residual Mechanism for Criminal Tribunals, we often make reference to the importance of incorporating lessons learned. But the Mechanism itself, as it carries forward the invaluable legacies of the ad hoc Tribunals, is a symbol of the lessons learned by past generations. It is a symbol of what we hold dear: respect for the rule of law, fundamental fairness and justice and adherence to the highest principles and our obligations arising thereunder.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“I do not speak lightly or often of this time in my life - a period during which many of my loved ones perished - but I wish to remember it today because it was the horrors of the Holocaust, and of the Second World War more broadly, that led us to where we are now. It was the experience of the scourge of war and the untold sorrow it wrought that led the peoples of the world to unite in a ringing call to reaffirm faith in fundamental human rights, human dignity and the value of justice and the rule of law through the establishment of the United Nations.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“As a senior official of the ICTY since 2004, she played a pivotal role in the conceptualization and creation of the Mechanism, and she has proven to be an invaluable colleague and leader at the Mechanism throughout the institution's existence. I am deeply indebted to her and her Deputy Chef de Cabinet, Ms. Willow Crystal, as well as to all of the excellent staff of the Mechanism, who have made the institution what it is today. As I bring my remarks to a close, I hope the Council will allow me one final moment of personal reflection. I may be among the last individuals to appear before the Council who survived the Holocaust.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“All the while, my colleagues and I have made it a priority to build an exemplary United Nations institution and a model of what an international criminal judicial institution can and should be. Our remarkable body of staff, drawn from approximately 70 countries around the world, has repeatedly surpassed the Secretary-General's gender parity goals. Through their professionalism and ingenuity, their resourcefulness and resilience, the staff have been invaluable when it comes to making the Mechanism what it is today. In that context, I wish to salute in particular Ms. Gabrielle McIntyre, Chef de Cabinet and Principal Legal Adviser at the Mechanism since its founding and the Chef de Cabinet to the Presidents of the ICTY for more than a decade.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“We have given back in important ways at The Hague branch as well, both at our historic premises there and through collaboration with victims' associations and the new ICTY Information Centre in Sarajevo. During a recent visit to the former Yugoslavia, I met with senior Government officials in Croatia, Bosnia and Herzegovina and Serbia, and I was pleased by the cooperation received on different fronts, including in particular the positive indications given in both Croatia and Serbia with regard to the establishment of information centres in those countries as well. Of course, at both branches we continue to make important strides in making thejudicial records and key precedents of our predecessor Tribunals accessible.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“That is not all - thanks to the exceptional generosity of the Government of the United Republic of Tanzania and engagement with local companies 4 the Mechanism was able to construct a new, minimalist facility in Arusha, consistent with the institution's mandate to be small and efficient. We have started important traditions at those new premises, hosting a judicial colloquium for national, regional and international Judges and visits by a wide range of officials seeking to learn from our practices, as well as inaugurating an annual event designed to bring international and regional organizations and the local community in Arusha together. We have also maintained and made accessible one of the leading law libraries in the region.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“The Mechanism took the steps needed to stand on its own, without the assistance of its predecessors, and to realize its own administrative capacity, spanning a wide range of functions and tasks. In the meantime, hundreds upon hundreds of judicial rulings were issued, addressing a wide range of requests, and every effort was taken to ensure that judicial work was conducted in a timely and cost- effective manner, in keeping with the Council's vision for the institution. Indeed, we have shown that the new model by which Judges work remotely can function efficiently and economically and in full compliance with due process requirements.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“Moreover, my fellow Judges and I adopted a groundbreaking Code of Professional Conduct for Judges - something our predecessors had never done before - and we proceeded to revise the Code to provide a disciplinary process: a reflection of the importance of accountability in all aspects of our work. During my tenure, in full cooperation with colleagues at the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY), responsibility for judicial activities - as well as non-judicial residual functions - was transferred from those Tribunals and carried out smoothly and to the highest standards at the Mechanism.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“It was during my tenure as President that the Mechanism came into being; the Rules of Procedure and Evidence were first adopted; the Judges sworn in; and the branches in Arusha and The Hague first opened. Systems and policies to support the Judges as they carried out their judicial work remotely were put in place and repeatedly revised and refined over the years, reflecting our continued focus on improvement, efficiency and economy. A broader legal and regulatory framework was established for the Mechanism, which was also 4 and continues to be * refined and augmented as needed.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“At a time when the world is facing deeply troubling trends related to the undermining of independent judiciaries and the weakening of the rule of law, we at the United Nations simply cannot afford to be anything less than exemplary when it comes to our own handling of interference with judicial independence and actions undertaken in contravention of United Nations immunities. At the very least, it is imperative that, going forward, fair and transparent processes be developed to determine whether any proposed non-reappointment of a Judge accords with the fundamental principles of the rule of law. Despite all those regrets, I am also exceptionally proud of what has been achieved at and by the Mechanism over the past almost seven years.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“In that respect, I have reflected at length on the issues raised in the Security Council plenary meeting last June (see S/PV.8278) and I have taken concrete steps to address the concerns reflected in resolution 2422 (2018) - such as by inviting certain convicted persons to undertake to abide by certain conditions if granted early release - while ensuring fundamental fairness and continued adherence to the Mechanism's governing legal framework. For me, it remains a profound regret that a different and better resolution of the situation of my former colleague Judge Aydin Sefa Akay was not found.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“It is, in many ways, inevitable that some judicial rulings are met with negative reactions, particularly where those rulings pertain to controversial issues. I have always been, and always will be, guided by the law and by evidence in reaching my judicial rulings - nothing more and nothing less. Nonetheless, I regret that some of my rulings on matters such as early release have caused pain or concern for victims and their communities.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“I also regret that a suitable and sustainable solution for the resettlement of the acquitted and released persons in Arusha has not been found, notwithstanding mine and my colleagues" best efforts and the engagement of the members of the Council on this issue. The Council's continued focus and the cooperation of key Member States are essential if this problem is to be resolved once and for all. I likewise regret that, notwithstanding the best of intentions and goodwill, we have yet to fully achieve the harmonization of practices and procedures across the Mechanism's two branches. Our aim, from the beginning, was to have a single, unified institution on two continents. While that goal has been achieved in a great many respects, challenges still persist and may continue for some time.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“As I have spent the waning weeks of my presidency consulting with my successor and taking all possible steps to ensure a smooth transition to the presidency of my friend and colleague, Judge Carmel Agius, I have also had the occasion to pause and reflect on all that has been achieved during the nearly seven years that I have served as this institution's President. I would not be human ifI did not have certain regrets in that regard. I regret, of course, that the Karadeic' appeal judgment will not be delivered during my tenure as President, and that the disqualification decision in the Mladic' case departed from established jurisprudence.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“Jovica Stanisic and Franko Simatovie case is proceeding apace, as is the work that the Mechanism Judges carry out on a variety of smaller, ad hoc requests pertaining to everything from the protection ofvulnerable victims and witnesses to access to confidential materials. In that context, I would like to underscore my deep gratitude to my fellow Judges for their dedication to our work and institution. I likewise wish to express my thanks to the Council for its efforts to ensure that the current vacancies on the Mechanism's judicial roster will be filled expeditiously.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“Ngirabatware's request, in the light of the material disclosed following the arrest of the five accused in the Turinabo et a]. case and was recently been rescheduled. A variety of pre-trial matters are also being litigated in the new Turinabo et a]. case before a single Judge, who just last week issued a decision declining to refer the case for trial within a national jurisdiction. In another contempt case - the case Prosecutor v. Petar Jojie and Vjerica Radeta - a single Judge granted such a referral within a national jurisdiction and an appeal on that ruling is currently pending before the Appeals Chamber. In the meantime, the retrial of the Prosecutor v.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“I am pleased to inform the Council that, notwithstanding the changes in the bench composition, it is expected that the appeal judgment in the Karadeic' case will be delivered in the first quarter of 2019, just a short time later than previously projected. In the Mladie case, meanwhile, the briefing recently concluded. The changes in the bench composition in that case are not expected to delay the rendering of the judgment, which, prior to the briefing process, had been projected for completion by the end of 2020. Proceedings in the review case Prosecutor v. Augustin Ngirabatware took an unanticipated turn during the reporting period, with the postponement of the hearing that had been scheduled for September. The hearing was postponed at Mr.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“As the Council may be aware, however, changes were made to the composition of the Appeals Chamber benches in both the Karadeic case and the case of Prosecutor v. Ratko Mladic, following motions for the disqualification of certain Judges, including myself. I regret that I am no longer in a position to see the Karadeie case through to its conclusion, as had been my aim. Nonetheless, as set forth in my decision to withdraw from the bench in that case, and while I would have continued to adjudicate with an impartial mind had I remained on the case, I considered it to be in the interest of justice that I withdraw in order to not allow the then-pending disqualification proceedings to impede the progress of the appeals in the case.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“That hearing, which saw an initial appearance by the five individuals accused in the new contempt case Prosecutor v. Maximilien Turinabo et al., went very smoothly - testament to both the exceptional efforts of Mr. Elias and his team and the invaluable cooperation of the Government of Rwanda in carrying out the arrest and transfer of those accused. That development is also an important demonstration of the Mechanism's readiness for when the remaining fugitives indicted by the International Criminal Tribunal for Rwanda are apprehended. I had hoped to stand before the Council here today and announce another significant milestone, this time in the case Prosecutor v. Radovan Karadeie, as the projection had been to deliver the judgment in that case this very month - significantly earlier than previously forecast.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“Alongside the recent amendments to the Rules of Procedure and Evidence, and the continual review and revision of other policies pertaining to a wide range of judicial and non-judicial activities, the adoption of the Rules of Detention reflects the Mechanism's unceasing attention to finding ways to improve its methods of work and serve as a model for courts in other jurisdictions. The Mechanism's activities in that respect benefited greatly from the engagement and recommendations of the Office of Internal Oversight Services during the course of the evaluation of the Mechanism, which was completed last spring, as well as in the context of regular audits. In another significant milestone, the Mechanism held its first judicial hearing at the new, custom-built courtroom in Arusha in September.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“In that context, I wish to pay special tribute to the Mechanism's Registrar, Mr. Olufemi Elias, for his leadership, abiding integrity and excellent stewardship of our institution during this challenging period. The Mechanism reached several important milestones during the reporting period. After in-depth internal and external consultations, the Mechanism adopted the Rules of Detention to govern detention matters both in Arusha and The Hague. Those Rules, together with the related regulations, came into effect last week.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“Miguel de Serpa Soares, and the Assistant Secretary-General for Legal Affairs, Mr. Stephen Mathias, and their dedicated teams. Over the past six months, notwithstanding a challenging budgetary situation and the myriad operational consequences engendered thereby, the Mechanism continued to make significant strides in the conduct and completion of the mandate entrusted to it by the Council. From the provision of vital assistance to national jurisdictions to the methodical preservation of materials in the archives, and from the sustained protection afforded to vulnerable victims and witnesses to the enforcement of sentences across two continents, the Mechanism and its staff continued to carry out key residual functions inherited from its predecessor Tribunals with steadfast professionalism.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“(Spoke in English) I would also like to take this opportunity to convey my deep appreciation for the considerable attention and commitment shown by the members of the Council's Informal Working Group on International Tribunals both now, under Peru's expert leadership, and during the many years that I have been appearing before the Council. The support and engagement of the Working Group has been invaluable to the success of the Mechanism and, before that, of the International Criminal Tribunals for Rwanda and for the former Yugoslavia. Finally, as always, I must underscore my tremendous gratitude for all of the assistance provided to the Mechanism by the Office of Legal Affairs, as well as to the Under- Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“Judge Meron: Today marks my final appearance before the Security Council as President of the International Residual Mechanism for Criminal Tribunals. It has been a profound privilege to serve in this role since the founding of the institution, and it is an honour for me to provide my last briefing to the Council on the progress of the work of the Mechanism. (spoke in French) Before doing so, I would like to congratulate His Excellency Mr. Adorn, Ambassador of the Cete d'lvoire, on his country's accession to the presidency of the Security Council and wish him every success in that role.”
2018-12-11 · UN Security Council · Security Council, S/PV.8416 (2018) · source
“It will be possible only if we continue to work together, maintaining an unerring focus on the core principles underlying not just the Mechanism's establishment, but the work of the United Nations more generally for this ongoing commitment and for this sustained and sustaining support that the members of the Security Council continue to provide to the Mechanism, and to broader efforts aimed at ensuring principled accountability for serious violations of international law.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“If international justice and the fight to create a global culture of accountability are to succeed in the long run, it will be possible only if we remain open to such improvement, innovation and creative problem-solving, whether it is my colleagues and I at the Mechanism or, as suggested by the valuable open debate conducted recently in this Chamber under the Polish presidency (see S/PV.8264), the members of the Council themselves.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“We welcome all confirmations by OIOS of the Mechanism's achievements in everything from ensuring trial readiness to increasing cost- efficiency and streamlining workflows in key areas. But we are also just as grateful for the feedback and recommendations from OIOS on ways in which the Mechanism can improve its methods and work, such as by enhancing cross-branch coordination to strengthen the Mechanism's one-institution approach, restructuring the provision of administrative services to better address the needs at both branches and deploying human-resource tools to monitory gender parity.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“In the meantime, the Mechanism continues to carry out other key residual functions entrusted to it, from the provision of assistance in support of accountability efforts in national jurisdictions to the ongoing monitoring of cases referred to national courts to the delivery of essential witness-protection services. In doing all of this, the Mechanism strives to adhere to the highest standards and to seek out ever-greater efficiencies by deploying innovation and creativity at every turn. In this context, I wish to underscore the Mechanism's appreciation of the work of the Office of Internal Oversight Services (OIOS), which, in addition to its regular audits of specific aspects of the Mechanism's operations, completed a broader evaluation of the Mechanism's implementation of its mandate during the 2016-2017 period.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“The Mechanism has continued its efforts aimed at increasing and enhancing the accessibility of records in its custody throughout the reporting period, including by expanding the availability of judicial records on publicly searchable databases and providing technical support and advice to important external projects, such as the new Sarajevo information centre on the ICTY, launchedjust days ago. Subject to resource constraints, the Mechanism looks forward to providing support for initiatives to further develop such information and documentation centres in the former Yugoslavia in the months to come, in keeping with the Security Council's guidance in resolution 1966 (2010), and to the continued exploration of ways in which the Mechanism's cooperation with the Government of Rwanda can be enhanced, in line with resolution 2256 (2015).”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“The Mechanism expresses its appreciation to Member States currently enforcing sentences or considering doing so for their vital support. Important milestones were reached during the current reporting period in the area of archives management as well, with the handover of the final and substantial tranche of physical and digital records from the ICTY to the Mechanism and the relocation of the physical records of the International Criminal Tribunal for Rwanda into the custom-built archives facility in Arusha.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“Good progress is being to made on a number of other fronts as well. With regard to the enforcement of sentences, for instance, during the reporting period the Mechanism transferred eight convicted persons from the United Nations detention facility in Arusha to enforcement States, including four individuals to Senegal and four to Benin. The Mechanism is continuing in its efforts to address enforcement needs for the remaining convicted persons at both branches. It is our aim, subject to the cooperation of States, to complete the transfer of all finally convicted persons currently held at either the United Nations detention facility in Arusha or the United Nations detention unit in The Hague before the end of this year. If this is achieved, it will represent a major step forward towards the completion of our mandate in this area.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“Appeal proceedings are under way in the case Prosecutor v. Ratko Mladie, with both the prosecution and Mr. Mladie having filed notices of appeal and briefings in progress. Review proceedings in the case Prosecutor v. Augustin Ngirabatware are likewise continuing, following the Withdrawal and replacement of his counsel. A hearing in that case, originally scheduled for February, is now expected to be conducted in the latter half of this year. A host of additional ad hoc judicial matters are also pending before the Mechanism, involving everything from motions concerning allegations of contempt of court to applications to vary the protective measures granted to vulnerable witnesses. As indicated in my written report, the filing of such ad hoc judicial requests before the Mechanism can be expected to continue for some time to come.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“I will keep my remaining remarks brief and touch upon only a few of the matters discussed more extensively in my written report submitted on 17 May (see S/2018/47l). The Mechanism continued to make important strides during the reporting period in the conduct and completion of its judicial work. The appeal hearing in the case Prosecutor v. Vojislav Seselj was conducted on 13 December 2017, with the judgement delivered on 11 April 2018. An appeal hearing in the case Prosecutor v, Radovan Karadeie was conducted on 23 and 24 April, ahead of the projections made last November. The aim is to complete the case in December, considerably earlier that previously predicted. In the meantime, the retrial of the case Prosecutor v. Jovica Stanisic' and Franko Simatovic is proceeding apace, with the prosecution's presentation of its case ongoing.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“Olufemi Elias, and his team for their perseverance in the handling of the Mechanism's unprecedented budget situation and its myriad implications for the institution. I would like to acknowledge my fellow judges for their work leading to another significant development - the adoption in April of a revision to the Code of Professional Conduct for the Judges of the Mechanism, which introduces a new procedure by which judges made themselves accountable for adhering to the principles set forth in the Code. That important advancement once again demonstrates the Mechanism's commitment to best practice and to serving as a model for accountability in all areas. That is but one example of an important milestone reached during the reporting period.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“Significantly, the Mechanism has done all of that while facing unprecedented and unexpected challenges with regard to resource constraints and as a result of the rapid implementation of expenditure reductions, the deployment of staff-downsizing measures and the deterioration in staff morale. The reporting period was therefore an arduous one for the Mechanism in many respects. Yet it also saw the Mechanism and its remarkable staff show resilience and creativity, including addressing new operational risks with resourcefulness and ingenuity and continuing to seek novel ways to enhance the conduct of the Mechanism's mandate. In that context, I wish to express my particular gratitude to Registrar of the Mechanism, Mr.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“Upon the historic closure of the International Tribunal for the Former Yugoslavia (ICTY), at the end of 2017, for the first time since its founding, the Mechanism has begun to stand on its own without the support of its two predecessor tribunals and has taken on the full ambit of the residual functions entrusted to it. For the first time, the Mechanism also assumed full responsibility for a wide array of administrative services essential to the conduct of its mandate. It also continued to carry out a retrial and to conduct a Wide range of other proceedings, both inside and outside the courtroom, during a period of heightened judicial activity.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“The Office of Legal Affairs continued to provide vital assistance to the Mechanism during the reporting period. I would like to convey my deep appreciation to the Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Miguel de Serpa Soares, and to the Assistant Secretary-General for Legal Affairs, Mr. Stephen Mathias, and their colleagues for their important contributions to our work. The Mechanism has undergone a number of key changes since I appeared before the Council in December of last year (see S/PV.8120).”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“Judge Meron: It is a privilege to appear once again before the Security Council to provide a briefing on the progress of the work of the International Residual Mechanism for Criminal Tribunals over the past six months, and a great pleasure to do so under the presidency of the Russian Federation. I would like to take this opportunity to express my appreciation for the considerable attention and efforts devoted to the Mechanism by the members of the Council's Informal Working Group on International Tribunals, in particular in the context of the recent review of the Mechanism's progress in completing its mandate. I am grateful to the members of the Working Group for their sustained support. I Wish to express my gratitude to the delegation of Peru for its adept leadership of the Group.”
2018-06-06 · UN Security Council · Security Council, S/PV.8278 (2018) · source
“As we approach the twenty-fifth anniversary of the founding of the International Criminal Tribunal for the former Yugoslavia in just a few days, I commend the Security Council, its President and members for their openness to considering these and other ideas advanced during today's debate, and for their continued leadership when it comes to ensuring accountability and upholding the rule of law.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Such a paradigm shift would not only enhance accountability but would also reflect and increase confidence in the ability of courts to assess evidence fairly and independently in determining whether a case should be tried, and enhance the Council's efficiency and credibility through demonstrating consistency in its approach to accountability. As those examples suggest, the means and processes by which the Council reaches decisions concerning accountability are perhaps just as important as the subject matter of those decisions when it comes to their potential to strengthen respect for the rule of law and for an international order founded thereupon.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“But now that the permanent International Criminal Court is fully embedded within the international legal framework, a system for the referral of situations to that Court by the Council is well established and national jurisdictions are increasingly demonstrating adherence to accountability goals, is it not time for something of a paradigm shift whereby the Council would simply refer possible violations of international law to appropriate judicial actors for further action rather than risking stalemate in debate about whether or not egregious atrocities occurred in any particular situation or who might be responsible?”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“We may also do well to consider - or, perhaps, reconsider - the appropriate role for political decision-making more generally when it comes to the treatment of specific cases or situations. The Security Council has, in many respects, served as something of a gatekeeper over the past quarter-century, deciding, at times after considerable examination, whether a particular situation or conflict should be made subject to accountability measures. That role on the part of the Council was perhaps necessary 25 years ago.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“In accordance with Article 24 of the Charter, the Members of the United Nations have conferred on the Council primary responsibility for the maintenance of international peace and security and have agreed that, in carrying out its duties in that regard, the Council acts on their behalf. Given that, is it too idealistic to suggest that members ofthe Council are duty-bound to act on behalf of the broader international community - that they must, when reaching decisions on issues of accountability in the context of peace and security, serve the interests of the United Nations membership as a whole rather than prioritizing their own interests or those of strategic allies?”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“One possibility would be for the Council to develop and publicly adopt objective criteria to assess and, where appropriate, steps to be deployed with respect to, all credible allegations of international crimes that come before it passing a certain threshold. Agreement in the abstract on such an approach would not only enhance equality of enforcement and reduce perceptions as to the ad hoc and arguably inconsistent nature of the Council's actions when confronted with reported atrocity crimes. It would also reduce the degree to which subjective or political considerations weigh on, and potentially delay or divert, the ultimate decision-making process. Another possibility would be for the Council to reflect on its role not simply as a political body but as a representative political body.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Given that the Council is an inherently political body, it is perhaps to be expected that the different situations coming before the Council may receive differing degrees of attention, be resolved in different ways or be made subject to varying priorities. Yet the rule of law depends on consistency and equality of enforcement, and abhors selectivity. If one situation involving alleged atrocity crimes is treated with all due attention and another is disregarded or left to linger in a decision-making limbo, does that not fundamentally undermine the values at the core of the principle of the rule of law? How can the Council's identity as a political body and its role as a champion of the rule of law be reconciled?”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“First, the Security Council has played a high-profile role in strengthening the rule of law by advancing the cause of accountability over the course of the past quarter of a century, urging and calling on States time and again to play their part. The Council's vocal leadership in that regard and its consideration of and dedication to such issues, as demonstrated by today's debate, must continue. At the same time, the Security Council is not only a leading voice in upholding accountability and the rule of law. It must also serve as a model itself. In some respects that is a challenging task.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“The goal of upholding accountability is therefore closely linked to other core aims shared by the international community with regard to sustainable development and the promotion of respect for the rule of law more generally. I have so far addressed the state of accountability efforts and the steps that can be taken by many different actors to close the accountability gap and to strengthen the rule of law and international criminal justice. Before concluding, I would like to briefly touch upon the role of the Security Council in that regard and to offer a few reflections on steps that the Council may wish to consider going forward.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Yet the aim of upholding accountability is not satisfied simply by ensuring that those accused of violating international law are brought before a court and tried. Without judges who act independently and impartially and without judicial systems that are free of political influence and pressure, principled accountability is not possible. Without robust judicial systems providing for a vigorous prosecution and defence, the protection of vulnerable witnesses, fair procedures, transparent processes and sufficient resources and capacity for law enforcement and judicial proceedings, accountability for international crimes cannot be secured.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source