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

“To the contrary, it demands creativity, innovation and an understanding of its interdependence with other initiatives if it is to succeed. We have seen that in recent years at the international level, where a wide variety of institutional and efficiency- minded reforms have come to the fore in courts such as the ICC and the International Residual Mechanism for Criminal Tribunals and where the International, Impartial and Independent Mechanism for Syria and the Investigative Team requested by resolution 2379 (2017) in relation to Iraq reflect new models for the promotion and facilitation of accountability efforts. We also see that in the exploration of yet more means to ensure accountability, such as the proposed granting of jurisdiction over international crimes to a regional court in Africa.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“International courts were not designed to try more than a small number of alleged perpetrators, and they do not offer the immeasurable benefits accorded by judicial proceedings conducted closer to the communities most affected by international crimes. For accountability and an international order based on the rule of law to truly take hold, it will fall to officials in national jurisdictions to take on the greater part of that work. Indeed, it is only through national engagement on a broad scale and by using every tool at our disposal, including universal jurisdiction, that we can ever hope to close the accountability gap. As the examples that I havejust given might suggest, upholding accountability is not a narrow or a limited endeavour.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Such steps include complying with judicial orders, arrest warrants and requests for investigative cooperation and using soft and hard forms of leverage to convince others to do likewise, supporting fugitive-related investigations, enforcing sentences against convicted persons and assisting with the relocation and protection of vulnerable witnesses. Such steps also include ensuring that existing mechanisms are adequately resourced and that political considerations are not allowed to undermine the independence and impartiality of the courts in the conduct of their proceedings. However, upholding accountability for international crimes means doing far more than cooperating with international courts and internationalized special chambers.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Let me be quite clear about the fact that inaction and outright intransigence risk undermining accountability gains in quite a variety of forums. If efforts to ensure accountability for violations of international law are to succeed in the long run, the Security Council and its members, as well as the international community more generally, must continue to actively engage in and sustain such efforts - and now more than ever for the reasons that I have just given. At the international level that means not simply expressing support in rhetorical terms but taking concrete steps to affirmatively contribute to the work of existing courts such as the International Criminal Court.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“International criminal justice - by which I mean efforts to ensure principled accountability for violations of international law whether such efforts take place in international, regional or national courts - is still very much in its infancy. At present, it is in a highly vulnerable stage of development. With pioneering courts such as the ICTY, the ICTR and the Special Court for Sierra Leone having closed, the International Criminal Court (ICC) faces a variety of investigative and institutional challenges. With the recent increase in the scrutiny of and distrust for international organizations and global endeavours more generally, we face somewhat of a period of contraction in efforts to advance accountability at the international level after a remarkable period of expansion.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Over the same period, after a half-century of virtual inaction following the Second World War, an increasing number of national authorities have undertaken domestic criminal trials of individuals alleged to have committed war crimes and other violations of international law. As a result of all that, there is an ever-increasing expectation among communities around the world that, where atrocities are committed in violation of international law, accountability will follow. That is a profound change from only a quarter of a century ago. However, for all that has been achieved in the past 25 years, there is still a long way to go.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“The following year, the Council established a second tribunal, the International Criminal Tribunal for Rwanda (ICTR), in the wake of the devastating 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed. These courts, in turn, paved the way for the establishment of other international courts and specialized chambers focused on ensuring individual accountability for violations of international law, including the world's first permanent international criminal court, and clarified and reinforced understandings of international customary and conventional law through their jurisprudence.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“I shall focus in my remarks on the third theme identified in the concept note for today's debate (S/2018/4l7/Rev.1, annex): upholding accountability, in particular for the most serious violations of international humanitarian law and human rights law. It is thanks in many respects to the ground- breaking work of the Council nearly 25 years ago that we are even considering the issue of accountability for violations of international law today. On 25 May 1993, the Security Council acted under Chapter VII of the Charter of the United Nations to establish the first international criminal court of the modern era, the International Criminal Tribunal for the Former Yugoslavia (ICTY), a court mandated to try individuals for serious violations of international law committed during the conflicts in the Balkans.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Although my career has since followed a circuitous path, the abiding focus has been an attempt to grapple with the violence, chaos and brutality of war and to strive to find ways to bring an end to the suffering and horrific atrocities committed all too often during armed conflicts. Central to any such effort is the fundamental need to ensure respect for and adherence to international law and to the humanitarian principles and values of human rights and dignity reflected therein. It is in this context that I wish to express my deep gratitude to Poland for having provided all of us here today with this important opportunity to address the state of respect for international law in the context of the maintenance of international peace and security, how it can be strengthened, and the role to be played by the Security Council in that regard.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Judge Meron: It is a distinct privilege to address the Council in the context of this open debate and a particular honour for me to do so during the presidency of Poland and under the chairmanship of His Excellency Mr. Andrzej Duda, President of the Republic of Poland. This is not simply a professional matter. I was 9 years old when Nazi Germany invaded Poland, the country of my birth. Overnight, we became refugees, and most of my family were killed by the Nazis because we were Jews. When the war ended, I emerged lucky to be alive but profoundly affected by my experiences.”
2018-05-17 · UN Security Council · Security Council, S/PV.8262 (2018) · source
“Just as the extraordinary achievements of the ICTY would not have been possible without the cooperation and assistance of Member States over the past quarter- century, so too does the timely and efficient fulfilment of the Mechanism's mandate depend upon the ongoing support given by the Council, its members and the international community and on the commitment of all concerned to preserving the invaluable legacies of both the ICTY and the ICTR. For that ongoing commitment and for the sustained and sustaining support that the members of the Council continue to provide, I thank everyone present.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Alongside that impressive development, negotiations with several Member States are now at an advanced stage concerning the enforcement of the sentences of the remaining six prisoners at the United Nations Detention Facility in Arusha. I believe and expect that, within the coming year, all prisoners at the United Nations Detention Facility in Arusha will have been transferred to enforcement States, which would represent a major step towards completion of our mandate in that area. More broadly, I must once more express my gratitude for the invaluable support the Mechanism receives from States Members of the United Nations.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“In previous meetings, I have kept the Council apprised of an ongoing engagement between the Mechanism and the Government of Senegal concerning the possible enforcement of sentences in that State. It is therefore a great privilege for me to announce that we are expecting four prisoners to be transferred from the United Nations Detention Facility in Arusha to the custody of the authorities of Senegal this very day. That step almost halves the population of prisoners remaining in Arusha awaiting transfer. I very much wish to acknowledge in that regard the particular commitment of the Permanent Representative of Senegal, His Excellency Mr. Fode' Seek, to achieving that outcome, which further confirms the extraordinary leadership role that Senegal has played and will continue to play in the field of international criminal justice.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“The Mechanism continues to make excellent progress in other areas as well, serving as a new, effective and efficient model of an international court as it carries out its myriad duties, from preparing to take on essential administrative and other key functions that have been carried out by the ICTY to date, to actively assisting the Tribunal in its disposition of records and transfer of materials to the archives, and from further developing its legal and regulatory framework, to carrying out a range of responsibilities in relation to the provision of assistance to national jurisdictions. The supervision of the enforcement of sentences imposed by the ICTR, the ICTY and the Mechanism is one of the crucial residual functions that the Council has entrusted to us.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“The hearing in that case is expected to mark the first judicial proceedings to be conducted in the courtroom at the Mechanism's new premises in Arusha, representing another important milestone for the Mechanism. In the meantime, the Judges of the Mechanism continue to adjudicate a range of requests addressing everything from allegations of contempt to the variation of protective measures. In that context, I note President Agius's order issued last week, which provided for the transfer of the ICTY's remaining contempt case to the Mechanism. That matter has already been assigned by the President of the Mechanism to a single Judge of the Mechanism.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Radovan Karadeie is expected by the end of the second quarter of 2018, with ajudgment expected in that case by late 2019. The advanced stage of appellate proceedings in both of those cases reflects the efficient working methods followed in the Mechanism's Chambers. I would also recall that any appeal that is filed from the ICTY's recent trial judgment, delivered a fortnight ago against Ratko Mladie, would today come within the jurisdiction of the Mechanism. As members of the Council may recall, the Mechanism's Appeals Chamber granted a request for review in the Ngirabatware case last June, and following considerable interim litigation a hearing on that matter has been scheduled for 8 to 16 February 2018 in Arusha, although a pending motion for the withdrawal of Mr. Ngirabatware's counsel may impact that hearing schedule.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“The Mechanism, as the members of the Council are aware, is in a period of heightened judicial activity at present, with two major ongoing appeals in the cases of Prosecutor v. Radovan Karadeic' and Prosecutor v. Vojtslav Seselj, the continuing retrial that commenced last June in the Prosecutor v. Jovica Stanisie and Franko Simatovie case, and a host of additional ad hoc judicial matters addressing everything from requests for review of judgments to applications for access to confidential information. I am pleased to report that a hearing of the Prosecutor's appeal in the case of Prosecutor v. Vojislav Seselj will be held next week in The Hague, on 13 December, and ajudgment in that case is expected in the first part of 2018. An appeal hearing in the case of Prosecutor v.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“As a former four- term President and long-serving Judge of the ICTY myself, I am particularly honoured to act, together with my colleagues at the Mechanism, as a guardian of that legacy as we carry out and bring to their conclusion the essential residual functions of both the ICTY and its sister tribunal, the International Criminal Tribunal for Rwanda (ICTR). It is proper, indeed, that the focus of this meeting today should be on the ICTY, its achievements and the lessons to be learned from its work. I will therefore keep my remaining remarks brief and touch on only a few of the matters discussed more extensively in my written report, submitted to the Council on 17 November (S/2017/97l, annex).”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“It is not too much to say that, today, we stand in a world transformed by all that the Tribunal, together with the rising tide of other international courts and national accountability initiatives founded since 1993, has accomplished. Thanks to the brave experiment upon which the Council embarked in 1993, and thanks to all that the ICTY has achieved and made possible since that time, the principles of justice and international law proclaimed in the Charter of the United Nations are all the stronger, the voices of victims of gross violations of international law are better heard and accountability for grave crimes is increasingly the expectation rather than the exception. The ICTY's legacy is a proud one.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“In the hundreds upon hundreds of judicial decisions and judgments issued over the past quarter-century, the ICTY has clarified and strengthened the fundamental principles of international humanitarian and human rights law, and led to a resurgence of attention to customary international law. In case after case, the Tribunal has made plain that even the most complex of trials can and must be conducted in full accordance with the panoply of due process guarantees, setting the standard that all other trials for serious violations of international law must meet. Moreover, through its practices and procedures, which reflect a singular harmonization of different legal traditions into a coherent whole, the Tribunal has set valuable precedents for other courts around the world.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“At the time of the Tribunal's founding, many observers and even, perhaps, some members of the Council had doubts as to what this new court could or would achieve - whether there would be arrests; whether there would be trials and whether the court that had been created on paper could become a viable institution, translating into practice what was, at the time, still a new and somewhat radical ideal: ensuring individual accountability for international crimes. As we all know today, the ICTY has more than put to rest those doubts, instead meeting and, indeed, surpassing its most optimistic supporters' aspirations.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“It is also an honour to appear here today together with my colleagues and friends, President Agius and Prosecutor Brammertz, for their final reports to the Council delivered on behalf of the International Tribunal for the Former Yugoslavia. Today, we mark a truly extraordinary milestone in international justice. Just under 25 years ago today, the Council embarked upon a bold experiment - the creation of an international criminal tribunal to try cases involving some of the worst crimes the world has ever seen.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“In this respect, I wish to acknowledge in particular Ambassador Elbio Rosselli Frieri of Uruguay for his excellent leadership of the Council's Informal Working Group on International Tribunals over the past two years, and to thank all the members of the Group for their support for the work and effective operation of the Mechanism. Likewise, I again express my appreciation for the guidance of the Office of Legal Affairs on a number of complex and sensitive issues, under the leadership of the Under Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Miguel de Serpa Soares, and the Assistant Secretary-General for Legal Affairs, Mr. Stephen Mathias.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Judge Meron: It is my privilege to brief the Council once again on the progress of the work of the International Residual Mechanism for Criminal Tribunals over the past six months, and to do so under the presidency of Japan, a steadfast proponent of international justice. I would also like to express my appreciation to Egypt, Italy, Ukraine, Uruguay and Senegal - the other outgoing members of the Security Council - whose support for the Mechanism and for international justice during their terms has been tremendously important.”
2017-12-06 · UN Security Council · Security Council, S/PV.8120 (2017) · source
“Now, perhaps more than ever, is the time to redouble our efforts in that respect, to learn from and build upon the past and strive for ever greater success going forward.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Today, we - and particularly the members of the Council - face a number of challenges in the realm of international relations. In a number of quarters, we are witnessing a rise in suspicions and doubts concerning global and regional institutions and undertakings. To some extent, we are witnessing a retreat from the shared vision of what the international community, acting together, can achieve. In many respects, it may all simply reflect the natural ebb and flow of international affairs. We cannot, however, allow a temporary tide to erode any of the vital progress that the United Nations - and, in particular, the Council - has made over the past quarter of a century in strengthening the rule of law and in ensuring greater accountability under and in accordance with international law.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“I am deeply grateful for the broad and generous commitment ofboth of those Governments to work with the Mechanism in the key area of enforcement of sentences and for the sustained support of other Member States that have likewise been faithful partners in that regard. Finally, I wish to note the commencement by the Office of Internal Oversight Services of preparatory work for its evaluation of the methods and work of the Mechanism, as mandated by the Council in its resolution 2256 (2015). My colleagues and I look forward to collaborating closely with the Office of Internal Oversight Services in its review of the Mechanism's work practices and to making the evaluation report as valuable a document as possible for the Council and for the Mechanism itself.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Turning to the enforcement of sentences, I am pleased to note that in May a revised agreement on the enforcement of sentences was concluded with the Government of Benin that reflects best practices in the field and cementing further the strong relationship that Benin and the United Nations have enjoyed over many years. Meanwhile, with the Government of Senegal, we are in the final stages of the implementation of its decision in principle to accept eight prisoners into cells in Senegal that were refurbished with the support of the United Nations. That new capacity will allow for almost all of the remaining 10 prisoners in the United Nations Detention Facility in Arusha to be considered for transfer to serve their sentences.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“In that regard, I am very pleased that, after intensive efforts by the former ICTY Registrar, Mr. John Hocking, in December 2016 two such individuals were relocated to a West African State. I am deeply grateful to that State for its collaboration and commitment in response to the call of the Council. The number of such persons remaining in Arusha has accordingly declined to 11 individuals. Our new Registrar, Mr. Elias, is focused on achieving further progress in respect of this long-standing humanitarian challenge, both in building on existing relationships with relevant States and exploring new opportunities. I urge Council members to continue to support the Mechanism in its efforts to achieve a full resolution of that difficult situation.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“By any measure, that is an extraordinarily long period for the resolution of the detention of an international judge, whatever the legal complexities may be. The status quo on the matter is untenable, and I call upon the Council to take such measures as may be necessary to achieve an appropriate resolution to that unprecedented situation, consistent with the Mechanism's statute and with the obligations incumbent upon all States under Chapter VII of the United Nations Charter. I am pleased to report on important developments at the Mechanism in three other areas. First, as members are aware, the Council has repeatedly expressed concern as to the ongoing situation of acquitted and released persons, and has called upon States to facilitate progress in that area.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“More fundamentally, the failure to properly resolve the matter undermines the principle of judicial independence - the core principle of any judicial institution that abides by the rule of law. The situation has been further exacerbated over the course of the year by Turkey's failure to comply, without undue delay, with a judicial order issued by the Mechanism in January 2017 to cease all legal proceedings against Judge Akay and to release him. Instead of complying with binding obligations under Chapter VII of the Charter of the United Nations, domestic trial proceedings against Judge Akay commenced earlier this year and have since been adjourned repeatedly. In two weeks, Judge Akay will have been in ongoing detention for no less than nine months.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“However, as members of the Council are aware, substantive proceedings in one case - the Ngirabatware case - remain at a standstill due to the continued detention of Judge Aydin Sefa Akay by the Turkish authorities. As Members are aware, the United Nations Legal Counsel formally asserted diplomatic immunity for Judge Akay in October 2016 and, as I reported to the Council shortly thereafter, the failure to resolve the matter in a manner that respected the privileges and immunities of Judge Akay under article 29 of statute of the International Residual Mechanism for Criminal Tribunals places in jeopardy the integrity of the remote model of judging envisaged by the Council under article 8 of the statute.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“A crucial component of those national efforts involves the proceedings that have been referred to national jurisdictions for trial and that are being monitored by the Mechanism, in accordance with its statute. In that area, too, there was important progress over the reporting period, with a trial judgement being delivered in Rwanda in the Munyagishari case and, according to information received following the submission of my written report to the Council, the completion of the judicial investigation in France in the Bucyibaruta case. In sum, the Mechanism is making excellent progress with its judicial work in general, all the while continuing to learn from experience and recalibrating internal practices as necessary to ensure optimal efficiency and economy.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“For the most part, those matters are assigned to single judges working remotely and constitute a substantial portion of the Mechanism's judicial activity. A significant number of those requests are made by national authorities or others engaged in proceedings in national jurisdictions who are seeking access to confidential materials or information held by the Mechanism. Of the 366 decisions and orders issued between mid-May 2016 and mid-May this year, 164 - or approximately 45 per cent - are related to requests for a variety of protective measures and other motions seeking access to confidential evidence or information. We welcome those requests, which reflect the degree to which national authorities are actively seeking accountability for core international crimes.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Vojislav Seselj were completed in the course of the reporting period, and preparations for appeal hearings in those caes is progressing rapidly. All the judges on those cases, with the exception of myself, continue to work remotely and will be called to the seat of the Mechanism when the cases are ready for hearing. Updated projections with regard to the rendering of a judgment in both cases are set forth in my report. I should underscore that the judicial work of the Mechanism is not limited to the major cases I just identified. Indeed, the Mechanism is regularly seized of requests relating to everything from allegations of contempt and challenges pertaining to the non bis in idem principle, to motions seeking a review of judgement, applications for early release and requests for access to confidential information.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“I should note that, in carrying out their judicial work, the judges are directly supported by a very small group of approximately 25 legal and administrative Chambers staff - spread over the two Branches of the Mechanism and working as a unified team, fully in line with the Council's vision of the Mechanism as one institution. A number of the rulings from the current reporting period were issued in the major trial and appeal cases currently before the Mechanism. In that respect, I am pleased to report that the retrial in the cases Prosecutor v. Jovica Stanisic' and Franko Simatovie is scheduled to commence next week at The Hague Branch of the Mechanism. The beginning ofthat trial - the first trial for the Mechanism - represents an important milestone. The briefings in the appeal cases Prosecutor v. Radovan Karadeic and Prosecutor v.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Turning to the Mechanism's core judicial work, I am very pleased to inform the members of the Council that, on the whole, the Mechanism continues to make excellent progress in the handling of its judicial work and is indeed seeing a steady increase in judicial work over time. In 2012, the Mechanism rendered 25 decisions and orders; in 2013, it rendered 79; in 2014, it rendered 192; in 2015, it rendered 209; and in 2016, 405 decisions and orders were issued. As of 1 June 2017, 146 decisions and orders have been issued.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Before I turn to my update on the work of the Mechanism, I would first note that, since I last appeared before the Council (see S/PV.7829), upon his appointment by the Secretary-General, Mr. Olufemi Elias joined the Mechanism as Registrar on 1 January. Mr. Elias has been working closely with colleagues at the International Tribunal for the Former Yugoslavia (ICTY) to ensure that the Mechanism is ready to take responsibility for all remaining functions of the ICTY. In that respect, I fully anticipate that the Mechanism will be entirely self-sufficient, including in terms of its administrative capabilities, upon the closure of the ICTY at the end of this year.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Finally, I would be remiss ifI did not acknowledge the sustained and sustaining support provided to the Mechanism by the Office of Legal Affairs under the outstanding leadership of Under Secretary-General for Legal Affairs and United Nations Legal Counsel Miguel de Serpa Soares and Assistant Secretary- General for Legal Affairs Stephen Mathias. I remain deeply grateful to them and to their colleagues for all of the assistance they provide to the Mechanism. During my presentation today I will not refer to those matters fully addressed in my written report submitted on 17 May of this year (see S/20l7/434, annex I), but will simply draw members' attention to some of the most salient issues and several important developments since the filing of the report.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“Judge Meron: It is my great pleasure today to brief the Security Council once again on the progress of the International Residual Mechanism for Criminal Tribunals in the implementation of its mandate, and to do so under the presidency of Bolivia. I wish Bolivia great success in its leadership of the Council during this month. I would also like to express my congratulations to the incoming members of the Security Council, with whom I very much look forward to working over the coming period. I also wish to take this opportunity to express my sincere gratitude to the Council's Informal Working Group on International Tribunals for its considerable support and attention paid to the Mechanism. I am particularly appreciative of Uruguay's skilled and able leadership of the Group.”
2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source
“In that context, I appeal to the Government of Turkey, with its strong legal traditions stretching back for many centuries, to release Judge Akay in the spirit of humanitarianism so as to enable him to perform his judicial duties in the Ngirabatware case. In doing so, the Government of Turkey would not only demonstrate its support for a Chapter VII tribunal but would play a Vital part in enabling the Mechanism to carry out the important mandate entrusted to it.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“In conclusion, I wish to assure the Government of Turkey that, in raising the matter of Judge Akay's detention before the Council, I do nothing more than what I am compelled to do to fulfil my duties as the President of the Mechanism, that is, to defend the institution and the law governing it. It pains me to do so. I wish to underscore my full respect for the right of all States, including Turkey, to address legitimate law enforcement concerns in accordance with the rule of law. At the same time, all States must respect their obligations arising from Council resolutions adopted pursuant to Chapter VII of the United Nations Charter.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“To my great regret, notwithstanding the diplomatic immunity to which Judge Akay is entitled, he remains detained and unable to carry out his duties as ajudge on that case. Some may believe that, from the Mechanism's perspective, the situation could be resolved by my replacing Judge Akay on the bench of the Ngirabatware case, thereby enabling that case to proceed. Let me be clear: that option is simply not open to me as a matter of law and justice. I do not consider it possible, under the circumstances, to reconcile full respect for the fundamental principle of judicial independence with the removal of Judge Akay from the bench to which he has been assigned. I therefore respectfully call upon the Members of the Council to do their utmost to bring about a timely and satisfactory resolution to that situation.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Judicial independence is a cornerstone of the rule of law, and it is a long-standing and consistent practice to afford international judges privileges and immunities in order to protect the independent discharge of their judicial functions. The statute of the Mechanism, adopted by the Council - acting under Chapter VII of the Charter of the United Nations - follows that same practice in according the judges of the Mechanism diplomatic immunity for those periods of time in which they are engaged in the business of the Mechanism. As a result of that legal framework, Judge Akay enjoyed diplomatic immunity from the time of his assignment to the Ngirabatware proceedings, on 25 July 2016, and will continue to enjoy such immunity until the end of those proceedings.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“The Mechanism also remains reliant upon cooperation from Member States when it comes to the apprehension of the remaining fugitives, the enforcement of sentences and the identification of a resolution for the difficult situation involving those acquitted or released individuals currently present in Arusha. I call upon all Member States to support our efforts in that regard. It is in that context that I am compelled, by virtue of my role as President, to raise the serious matter of the continuing detention of Judge Aydin Sefa Akay, a situation that is having an impact upon the effective discharge of the Mechanism's mandate, and about which I previously briefed the members of the Council.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Of the 214 judicial decisions and orders issued during the reporting period, nearly 40 per cent related to requests for access to confidential information, just one of the many ways in which the Mechanism provides assistance to national jurisdictions. That work has been supported by an exceedingly lean staffing structure in Chambers. The Mechanism has also taken steps to be fully self-standing by the end of 2017, while continuing to carry out key functions such as the protection of vulnerable witnesses. The Mechanism is able to do a great deal on its own, but it is also dependent upon cooperation from others. The Mechanism is deeply grateful for the assistance provided to it by the International Tribunal for the Former Yugoslavia and for the support provided by its host States.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“It is significant in that regard that the premises were completed under budget, for we recognize that the Mechanism stands not only as a symbol of accountability and the rule of law but as a new model of, and for, internationaljustice - a modest, efficient and cost-effective model that must succeed if international justice and the fight to end impunity are themselves to succeed in the long run. As detailed in my written report (see S/2016/669), the past six months have seen the Mechanism make good progress on a number of fronts, from its cases to the development of its regulatory framework. In the appeal cases of Karadeie and Seselj, briefing is ongoing before the Mechanism's Appeals Chamber, while the pretrial conference in the Stanisie and Simatovie retrial is anticipated in the first quarter of 2017.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“The new premises include a dedicated archive facility, which will enable the archives of the International Criminal Tribunal for Rwanda (ICTR) and the Mechanism to be housed together at the Arusha branch, as the Council has directed. I should note that the Government of the Republic of Rwanda, at a senior level, recently informed me of its firm View that the archives should be physically located in Rwanda, while at the same time accepting United Nations management and ownership of the archives, as set out in the Mechanism's statute. Our new premises in Arusha are minimalist in design and efficient in their use of resources, and they reflect best practices in myriad ways as, indeed, we strive to do in all aspects of our work in the Mechanism.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Samia Suluhu Hassan, Vice-President of the United Republic of Tanzania, presided over the opening ceremony, with Mr. De Serpa Soares representing the Secretary-General. The new premises would not have been possible without the exceptional generosity of the Government of Tanzania. The success of the project is also due in very large part to the dedication of the Mechanism's Registrar, Mr. John Hocking, and his staff. I would like to take this opportunity to express my deep gratitude to Mr. Hocking for his exceptional service to the Mechanism since 2012, and to extend my sincere welcome to Mr. Olufemi Elias, who was recently appointed to be the next Registrar.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source
“Judge Meron: It is an honour to appear before the Security Council once again. I would like to congratulate Spain on its presidency of the Security Council this month. I also remain deeply grateful to the Security Council's Informal Working Group on International Tribunals, for its support of the International Residual Mechanism for Criminal Tribunals, and to Uruguay for its able leadership of the Working Group. Finally, I would like to express my sincere thanks to Mr. Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Stephen Mathias, Assistant Secretary-General for Legal Affairs, and their colleagues in the Office of Legal Affairs for their ongoing and critically important assistance. Lessthantwoweeksago,weopenedtheMechanism's new premises for the Arusha branch. Her Excellency Ms.”
2016-12-08 · UN Security Council · Security Council, S/PV.7829 (2016) · source