YouSaid · the spoken record
Judge Meron
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- 419
- first
- 2003-10-08
- most recent
- 2018-12-11
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- 21
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- un-security-council
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“In doing so, I am confident that the Mechanism will not only fulfil its responsibilities to its predecessor tribunals, to affected communities in Rwanda and the former Yugoslavia, to courageous Victims and witnesses and to the Council, and do so to the highest possible standards, but that it will also serve as an emblem of what an international court and a United Nations institution can and should be - an embodiment of the international community's profound commitment to justice and the rule of law.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Pending such resolution, the Mechanism has carefully reviewed the broad array of support that has been provided by the ICTR to those persons in Arusha, and is implementing a more limited, cost-effective approach. As we move ahead into the next two-year period of our operations - one that will see the historic closure of the ICTY and the transfer of all remaining functions to the Mechanism - the Council has my pledge that we will continue to encapsulate and promulgate best practices, to innovate wherever possible and to seek ever greater efficiencies, while never forgetting our fundamental role as a court or the terrible atrocities that led to our establishment.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I sincerely hope that as we move ahead, additional States will step forward and enter into such enforcement agreements, thereby helping to expand the Mechanism's critically important enforcement capacity. In the meantime, I wish to acknowledge the important cooperation and support received from the Government of the Republic of Senegal as the final steps are being taken to commence enforcement of sentences in Senegal. The Mechanism continues to explore options to address the increasingly urgent situation of the small number of individuals in Arusha who have been acquitted by the ICTR or who have completed their sentences imposed by that Tribunal. However, despite our best efforts, we are, as the Council is well aware, dependent on the international community to help resolve this long-standing humanitarian challenge.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“However, we cannot do this alone. The sustained support and involvement of Member States in relation to those tracking activities is essential if we are to ensure that the remaining fugitives are apprehended and thereby carry out one of the essential functions entrusted to us. The Mechanism is also reliant upon and deeply grateful to those States that have agreed to enforce sentences imposed by the ICTR, the ICTY or the Mechanism itself. I am very pleased to announce that a new agreement on the enforcement of sentences was recently concluded with the Republic of Mali. That new agreement reflects best practices in the field of detention, including the United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the General Assembly last December (resolution 70/175).”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“That was a significant achievement, not just for the Mechanism, but for international justice and for all of us who seek to ensure accountability. In March, and consistent with the referral of his case to the Republic of Rwanda for trial by the ICTR, Mr. Ntaganzwa was transferred to Rwanda. In accordance with its statute, the Mechanism is already monitoring the proceedings in Rwanda with regard to Mr. Ntaganzwa, thanks to the assistance of monitors from the Kenyan section of the International Commission of Jurists. The monitoring of the other cases referred for trial to Rwanda and France is ongoing. With eight fugitives remaining - of whom three are to be tried by the Mechanism - the Mechanism's fugitive-tracking activities continue under the able leadership of the Mechanism's new Prosecutor, Mr. Serge Brammertz.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I am confident that, as was the case with the review process, we will gain valuable insight into how the Mechanism can become even better as a result ofthis process. In the meantime, we continue to seek to maximize efficiencies and apply innovative new approaches to our work, such as by exploring ways to deploy cloud computing and telecommuting to facilitate the work of the judges carrying out their functions remotely. As many members of the Council may recall, when last I appeared before the Council in December (see S/PV.7574), the then-Prosecutor of the Mechanism, Mr. Hassan Bubacar Jallow, reported that one of the remaining fugitives indicted by the ICTR, Mr. Ladislas Ntaganzwa, had been arrested.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Important progress continues to be made in a number of other areas of the Mechanism, from the transfer of the Tribunals' records to the Mechanism and continued efforts to enhance access to the Tribunals' records, to the improvement of processes related to the provision of assistance to national jurisdictions. The legal and regulatory framework of the Mechanism has been strengthened and augmented during the reporting period, with a recent amendment to the rules of procedure and evidence and the issuance of a number of new practice directions and policies. The Mechanism has also continued to benefit from regular audits by the Office of Internal Oversight Services, and I have been personally involved, and invested, in the ongoing study related to governance and institutional culture.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“With the closure of the International Criminal Tribunal for Rwanda (ICTR) in December 2015, the Mechanism assumed responsibility for the remaining functions ofthe ICTR as ofl January 2016. Once again, the transfer of these functions occurred seamlessly. Preparations are under way for the Mechanism to relocate to the new premises of the Arusha branch later this year as the construction project nears completion. We remain deeply appreciative of the support of the Government of the United Republic of Tanzania and the sustained assistance from various offices of the Secretariat in connection with the construction of the new, minimalist facilities designed to house the Arusha branch.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“In addition to the three cases I have just mentioned, the Mechanism's judges continue to address a wide array of requests for various forms of relief, working on matters ranging from requests to provide assistance to national judicial authorities, to applications alleging contempt of court, and issuing nearly 200 decisions and orders during the reporting period. From the Republic of Korea to Portugal and from Madagascar to Uruguay, the Mechanism's judges have been active throughout the reporting period, working remotely from their homes and offices around the world and carrying out their judicial functions carefully, diligently and to the highest possible standards. The reporting period saw a number of important advances in other areas of Mechanism responsibility as well.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“The month of March saw the delivery of two important trial judgements at the ICTY, in the cases of Karadeic' and Seselj. The pre-appeal proceedings in these cases are already under way in the Mechanism, where I have assigned the cases to two panels ofjudges in the Appeals Chamber. During the pre-appeal proceedings in these cases, as in the pre-trial proceedings of Stanisie and Simatovic', the full panel of judges is called upon to take part in addressing requests only if and as needed, a practice that produces substantial reductions in the costs ofjudicial activities.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I had the privilege of appearing before the Council six months ago as the Mechanism was undergoing the first review of its work by the Council. We appreciate the direction and guidance of the Council as to our work going forward as set forth in resolution 2256 (2015) and have paid attention to those matters, as my written report (S/2016/453, annex) demonstrates. The past six months have seen a number ofimportant developments at the Mechanism. On 15 December 2015, the ICTY Appeals Chamber delivered its judgement in the case of Stanisie and Simatovic', ordering a retrial. Consistent with the transitional arrangements, the Mechanism is responsible for this retrial. I have assigned the case to a three-judge panel, and pre-trial proceedings are already well under way.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“I would be remiss ifI did not once again express my sincere gratitude for the assistance provided to the Mechanism by the Office of Legal Affairs, and in particular by the Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Miguel de Serpa Soares, a tremendous ally for international justice; by the Assistant Secretary-General for Legal Affairs, Mr. Stephen Mathias; and by their whole team. Finally, I wish to acknowledge both President Carmel Agius of the International Tribunal for the Former Yugoslavia (ICTY) and the new Prosecutor of the Mechanism, who is also the long-serving ICTY Prosecutor, Mr. Serge Brammertz. It is a pleasure to appear before the Council with both of them today.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“Judge Meron: It is an honour to appear before the Council once again to report on the work of the Mechanism for International Criminal Tribunals. (spoke in French) But first I wish to congratulate you, Sir, as Ambassador of France, on your country's accession to the presidency of the Security Council. As a permanent member of the Council, France plays a key role with respect to issues of international justice, and I convey my heartfelt wishes for success to the Security Council. (Spoke in English) I also wish to express my gratitude to the Security Council's Informal Working Group on International Tribunals and to offer my particular thanks to Uruguay, which has assumed leadership of the Group. I very much look forward to working with His Excellency Ambassador Rosselli and Minister Patricia Benitez going forward.”
2016-06-08 · UN Security Council · Security Council, S/PV.7707 (2016) · source
“We must not underestimate the value of institutions such as the Mechanism that demonstrate that respect for the rule of law must be paramount, that we cannot and shall not tolerate impunity for serious violations of international law, and that justice can be delivered efficiently and economically, yet in accordance with the highest possible standards. And it is perhaps all the more important now, as we despair at the indescribable violence and violations that continue to be committed in conflicts around the globe, that the Council take all possible steps to ensure that the important tools at its disposal in the fight against impunity, like the Mechanism, realize their full potential.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“In doing so, the Mechanism will not only be a credit to the United Nations and to the Council. The Mechanism will also - like the ICTR and the ICTY before it - serve as a vital and continued embodiment of the international community's dedication to the fight against impunity. In a world where armed conflicts still rage on continent upon continent, where atrocities against civilians continue unabated and where international humanitarian law can stillbe violated with impunity- in this world, we must not underestimate the need for, and the importance of, such symbols of our shared and continued commitment to principled accountability, to international law and to respect for the rule of law.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“But even where the statute calls for the assignment of a multi-judge panel, significant savings as compared with the ICTR and the ICTY may be achieved as a result of pre-trial and pre-appeal judges carrying out much of the preparatory work for cases, with the full bench involved only if and as necessary and in those situations remunerated only for the days of work conducted. Such work by the full bench would also be conducted remotely unless the bench's presence is required at one of the seats of the Mechanism. I wish to assure the Council that my fellow principals and I continue to invest all of our energies and focus in helping to ensure that the Mechanism lives up to its promise and is truly a model of what an international judicial institution should be.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“As the initial period of its operations draws to its close - a period in which the Mechanism has benefited greatly from the support of, and coexistence with, the ICTY and the ICTR - the Mechanism is increasingly standing on its own as a separate institution, an institution that learns from the lessons of its predecessors and fulfils its obligations and its mandate both economically and effectively. The Mechanism's success in that regard depends to a great deal on effective management focused on seeking out new, principled ways to ensure economy and efficiency and that takes full advantage of the Mechanism's novel structure and legal framework. For instance, the statute already provides for single judges - rather than full trial chambers, as was the case with the ICTR and the ICTY - to address most matters at first instance.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“I am most grateful for the attention that you, Mr. President, and your colleagues are giving to the review of the work of the Mechanism. The Mechanism stands ready to offer any further information or assistance that may be of use to the Council in connection with the completion of the review by 21 December, as called for by the presidential statement. The Mechanism has accomplished much over the course of the initial period of its operations and, indeed, in just the last six months as well. While much important work remains to be done, including the completion of those trials and appeals that are expected to come within the jurisdiction of the Mechanism, the Mechanism is prepared to carry out this work efficiently, while respecting the entire panoply of fair- trial rights.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“The second challenge facing the Mechanism involves the resettlement of the small number of persons acquitted by the ICTR or who have completed the sentences imposed by that Tribunal. The Mechanism continues to seek ways to promote resettlement, but, as is true with the fugitives, we are dependent on the involvement of the international community to solve the humanitarian Challenge posed by the issue. The challenge is, in many respects, a challenge to and for international justice itself. Before concluding my remarks, I wish to take note that, pursuant to the statement (S/PRST/2015/21) by the President of the Security Council of 16 November, the Mechanism has submitted a report in connection with the review of its work in the initial period of its operations and provided additional information to facilitate this important review process.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“While the reporting period has been a productive one, the Mechanism continues to face certain challenges e challenges of which I have spoken before. When the Mechanism opened its doors in Arusha on 1 July 2012, there were nine individuals indicted by the ICTR who had yet to be arrested and brought to trial. Thanks to Prosecutor Jallow's considerable efforts, we have some news to report today on which the Prosecutor will brief the Council in a few moments. While the Mechanism's own fugitive-tracking activities continue, the involvement and commitment of Member States is essential if we are to ensure that the fugitives are apprehended. And ensure that we must. The Council's continued attention to the issue is Vital and very much appreciated.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“A number of ICTY administrative sections have worked together with staff at the Mechanism and the ICTR to ensure that all contractual arrangements and structures are in place at the Mechanism's Arusha branch to ensure the uninterrupted provision of administrative services following the closure of the ICTR. Progress has continued on the construction of the permanent premises in Arusha for the Mechanism. We are very grateful for the generous support of the Government of Tanzania and the invaluable assistance of various offices of the United Nations Secretariat in connection with the project. All of this, I should note, has been accomplished at the same time that the Mechanism, together with a number of other departments and offices throughout the United Nations, have undergone the labour-intensive process of transitioning to Umoja.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“During the reporting period, important advances have been made at both branches in terms of the preparation and transfer of records from the Tribunals to the Mechanism with the great majority of ICTR records of long-term or permanent value now in the custody of the Mechanism. At the same time, the Mechanism has continued to take a number of steps, both large and small, to facilitate greater access to the records entrusted to it. At the Arusha branch, the past six months have been particularly busy as the Mechanism has increasingly assumed responsibility for the remaining functions and obligations of the ICTR, including responsibility for the United Nations Detention Unit in anticipation of the closure of the ICTR at the end of 2015.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“During the past six months, work on the legal and regulatory framework of the Mechanism has also progressed, and a number of new policies and other regulatory instruments addressing matters ranging from legal aid to access to archives are expected in the coming months. The Mechanism has also continued to monitor proceedings referred for trial in Rwanda and France and to receive and respond to requests for assistance in relation to proceedings in national courts. The Mechanism has also continued to supervise the enforcement of sentences in a number of States on two continents and remains very appreciative of the commitment and cooperation of those enforcing States.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“Since I last appeared before the Council (see S/PV.7455), the Mechanism's Judges have issued a great number of judicial orders and decisions, addressing everything from the enforcement of sentences to requests for the review of judgements to applications for the variation of protective measures granted to vulnerable witnesses and victims. At the same time, all three organs of the Mechanism have continued preparations at the working level for the historic appeals that are anticipated to begin in spring 2016 as well as for the trials of the remaining fugitives indicted by the ICTR whose cases are the responsibility of the Mechanism.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“It has been my great pleasure to work with him closely over the past four years when he was Vice-President of the ICTY, and I wish him every success as he steers the ICTY towards the completion of its own vital remaining tasks in these, the final years of the Tribunal. As the six-month report (see S/2015/883) recently submitted by the Mechanism makes clear, the Mechanism continues to carry out the mandate entrusted to it and to do so in a manner that reflects a commitment to the highest possible standards as well as to the Council's vision ofa small, efficient and economical institution.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“Their support and the support of their whole team continue to be invaluable to the Mechanism and its continued success. Finally, I wish to note that I appear before the Council today along with two of my friends and colleagues, President Vagn Joensen of the International Criminal Tribunal for Rwanda (ICTR) and President Carmel Agius of the International Tribunal for the Former Yugoslavia (ICTY). This is a historic day for both of them and for the Tribunals they represent. President Joensen has presented the final report (S/2015/577) to the Council on behalf of the ICTR, and I wish to commend him for the integrity and dedication with which he has led that Court since 2012. President Agius, meanwhile, is appearing before the Council for the first time as the President of the ICTY.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“Judge Meron: It is an honour to appear before the Council once again to report on the work of the International Residual Mechanism for Criminal Tribunals. Before I proceed with my remarks, I would like to offer my congratulations to the United States on its assumption of the presidency of the Security Council. I also wish to express my gratitude to the Security Council's Informal Working Group on International Tribunals and to offer my particular thanks to the delegation of Chile for its superb leadership of the Group. As always, I must also underscore my deep appreciation for the assistance provided to the Mechanism by the Office of Legal Affairs, in particular by the Legal Counsel himself, Mr. Miguel de Serpa Soares, and the Assistant Secretary-General for Legal Affairs, Mr. Stephen Mathias.”
2015-12-09 · UN Security Council · Security Council, S/PV.7574 (2015) · source
“But I can assure the Security Council that the judges and staff of the ICTY and the Mechanism strive every day to make progress on the inspiring mission we have been assigned. Together with our partners from all over the globe, the ICTY and the Mechanism are committed to continuing the fight to end impunity and, through our work, to supporting the strengthening of the rule of law at the international level and around the world.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“I cannot conclude my report on the Mechanism without underscoring again the gratitude of its judges and staff for the enormous support we have received from the ICTR, the ICTY, the Office of Legal Affairs and other United Nations agencies, as well as from national Governments. As we rise to the challenge of serving as an example of best practices in international criminal justice, we recognize that our efforts are successful only because of this continuing support. As always, my report today contains descriptions of both progress and challenges. It is perhaps inevitable that institutions with mandates as audacious as those of the international criminal tribunals will never be able to comprehensively meet all the high aspirations of our many stakeholders.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“We have adopted a strategic plan that sets out ways to address the challenges posed by the issues of relocation in relation to this group of individuals. Our planning focuses on concrete steps that can promote resettlement and also reduce costs to the international community, in keeping with the Mechanism's commitment to efficiency and cost savings. However, we continue to rely on the good efforts of the international community to provide appropriate opportunities for relocation. As I have stated before, it is a fundamental responsibility and a humanitarian imperative to resettle the small number of individuals who have been acquitted by the ICTR or completed the sentences imposed on them. Once again, the continued leadership of the Council on this issue is very important.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“The first involves the outstanding arrest warrants for the remaining ICTR indictees who have yet to be apprehended, including three who are expected to be tried by the Mechanism. The fact that the ICTY was able to account for all its indictees is a powerful symbol of the international community's determination to end impunity. It is imperative that all members of the international community continue and indeed increase their efforts to apprehend the remaining ICTR fugitives. The Council's leadership in this regard remains essential. The second challenge facing the Mechanism is posed by persons acquitted by the ICTR or who have completed the sentences imposed by the Tribunal. The Mechanism assumed responsibility for outstanding relocation issues on 1 January 2015.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“Both these countries and Rwanda have offered important assistance to Mechanism offices based in their respective territories. In addition, the Mechanism has made significant progress in a number of other areas. Construction of our new Arusha building is continuing and on schedule, with our move there planned for next year. Our archives section is assuming responsibility for an increasing percentage ofthe ICTR's and ICTY's materials, and our monitoring of cases referred to national jurisdictions was recently strengthened when the Kenya branch of the International Commission of Jurists assumed responsibility for monitoring cases referred to Rwanda. As I have stated before, two key challenges continue to face the Mechanism.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“This code sets out core principles that will guide Mechanism judges on such issues as independence, integrity, confidentiality and outside activities. Adoption of the code is a reflection of the Mechanism judges' commitment to the highest ethical standards. The Mechanism has also been making great progress in assuming responsibility for other ICTR and ICTY functions. Most notably, the Mechanism has made steady progress in creating a small, self- standing administrative capacity in the light of the ICTR's imminent closure and the ICTY's continued efforts to transfer responsibilities. These efforts are complemented by the signing ofa host State agreement with the Netherlands and the continued implementation of the parallel agreement concluded earlier with Tanzania.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“The Mechanism's judges have also issued a number of decisions and orders on motions addressing a variety ofissues, including matters related to enforcement of sentences, variation of confidentiality measures, requests for review of judgements and cooperation with national jurisdictions. I have every expectation that the Mechanism's judges and small supporting legal team in Chambers will continue to efficiently process ongoing judicial work. In addition, the Chambers of the Mechanism have established rosters and procedures that will allow us to adjudicate upcoming trial and appeal work both efficiently and in a manner that respects the highest procedural safeguards. In addition to addressing ongoing work, the judges of the Mechanism adopted a code of judicial conduct last month.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“I am very pleased to confirm that, as set out in its May progress report, the Mechanism continues to serve as an example ofbest practices, completing its judicial and administrative work to a high standard and in an efficient manner. In these efforts, the Mechanism has been fortunate to receive excellent cooperation from the International Criminal Tribunal for Rwanda (ICTR) and the ICTY, as it increasingly assumes responsibility for functions once carried out by these Tribunals. With respect to judicial work, I can report that in December I presided over the panel that rendered the Ngirabatware appeal judgement. This was the first judgement of the Mechanism and was delivered with no delays to the ambitious schedule previously reported to the Security Council.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“But even as all acknowledge the limitations of international criminal tribunals, we must also appreciate the ground-breaking nature of courts like the ICTY. The fact that the ICTY has accounted for every single individual it has indicted is a testament to the power of the rule of law. Indeed, I am convinced that the international community's increasing condemnation of grave breaches, as expressed through the establishment and ongoing support of international criminal tribunals, has had a material impact on the conduct of war everywhere and - it is my sincere hope - reduced the suffering of those affected by conflict. When the history of the ICTY is written, it is this legacy, not limited delays in projected delivery dates, that will be remembered and, I believe, celebrated. I will now turn to the Mechanism.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“Even more significantly, the Tribunal's contributions to ending impunity for international crimes continue to serve as a momentous symbol of the international community's commitment to rendering justice for crimes committed in the Yugoslav wars, and to the laudable aim of preventing grave crimes like those that hang so heavily over any historical account of the past century from being committed again. I will soon be travelling to the former Yugoslavia to join commemorations of atrocities committed in Srebrenica and elsewhere. I recognize that the work of the ICTY can only ever offer a small measure of solace to the individuals and broader communities most affected by these heinous acts.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“During the reporting period, the ICTY rendered two major appeal judgements in the large, multi-accused Popovie er a]. case, and in the complex Tolimir case. By the end of this year, the forecasts provided by presiding Judges indicate that the ICTY will have completed its work on all but two trials and two appeals. While various cases have suffered delays, these can each be counted as a matter of months, and the last cases are still expected to be completed in 2017, as predicted in the ICTY's previous forecasts.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“As the President of the Tribunal, I accept full responsibility for these delays. I urge the Council, however, to consider the delays I have just discussed in their broader context. Of course, it is absolutely clear that the Tribunal must continue and redouble its efforts to adopt strategies that reduce any delays in ongoing cases to a minimum; this obligation implicates both the rights of defendants and the resources of the international community. I can assure members that the Judges and staff are working diligently to complete judicial work as rapidly as possible, while maintaining our commitment to procedurally just trials and appeals. At the same time, however, considered through broader lenses, the Tribunal continues to make significant progress.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“In conjunction with the Council's Working Group and the Office of Human Resources Management, the Tribunal continues to examine all steps we are able to take in order to curtial attrition in these critically important final years of the Tribunal's life. On a personal level, from the moment I realized the potential for delays in cases, I have led efforts to identify problems and potential means of resolving them or minimizing their impact. In particular, I insisted that the Registrar provide key drafting teams with all possible resources; for example, in the Prlic' appeal, which is forecast to be completed in the latter part of 2017, I doubled the membership of the drafting team. I very much regret the fact that I am not in a position to provide only positive news today.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“We have taken all steps we were permitted in order to address this problem, including obtaining waivers to particular staff rules and undertaking initiatives to improve staff morale. These efforts have been effective up to a point, but they have not been enough. In the last reporting period, a number of mid-level and senior-level staff members with extensive case-specific experience have accepted positions at other institutions able to guarantee longer- term employment. The Tribunal acted swiftly to replace them as soon as possible, but inevitably new staff members are not able to immediately match the extensive case-specific knowledge of those who depart after spending years immersed in the evidentiary context and procedural history of individual cases.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“I can assure members of the Council, however, that the Judges sitting on the benches in the affected cases make every effort to limit delays linked to these factors, while ensuring that the Tribunal meets its obligation to provide detainees with appropriate medical care and allow relevant evidence to be presented in court. Perhaps the most widespread cause of delays to particular cases is, however, staff attrition, particularly among mid-level and senior-level members of the legal drafting teams assigned to support the work of the Judges. As those Council members who have followed our reports over the past years are no doubt aware, the Tribunal has long warned of the problems that such attrition can cause.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“Goran Hadiie has been temporarily adjourned for reasons relating to his health. In addition, the trial of Mr. Ratko Mladie has been reduced to four sitting-days a week, following medical advice, and the Prosecution case in that trial has been reopened following the discovery of new evidence. Finally, I note that Mr. Vojislav Seselj's health continues to be of great concern to the Tribunal. Adverse health developments concerning accused persons and the discovery of new evidence are, by their nature, factors that are very difficult to predict or, when they arise, to ignore.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“Last, but certainly not least, I am grateful for the crucial assistance provided to the ICTY and the Mechanism by the Office of Legal Affairs. The Legal Counsel, Mr. Miguel de Serpa Soares, is an outstanding leader in the cause of international justice; he is ably supported by the Assistant Secretary-General for Legal Affairs, Mr. Stephen Mathias. I first turn to the ICTY. The Tribunal has faced a number of challenges that, to my great regret, have caused delays in cases. The specific lengths and causes of these delays are outlined in the completion strategy report submitted in May (8/2015/340, enclosure). Certain of these changes to previous forecasts are caused by factors outside our control, such as the health of accused individuals and the discovery of new evidence. In particular, the trial of Mr.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“Judge Meron: I am grateful for this opportunity to appear before the Council to report on the work of the International Tribunal for the Former Yugoslavia (ICTY) and the Mechanism for International Criminal Tribunals. My remarks supplement the written reports that the ICTY and the Mechanism recently submitted (8/2015/342 and S/2015/341, respectively), and I hope they will serve to further elucidate both the successes and challenges these institutions have faced over the past half year. However, before turning to these points, I would like to congratulate Malaysia on its assumption of the presidency of the Security Council. I also wish to underscore my gratitude to the Security Council's Informal Working Group on International Tribunals, and especially to Chile for its role in leading the Group.”
2015-06-03 · UN Security Council · Security Council, S/PV.7455 (2015) · source
“Despite the challenges that both the ICTY and the Mechanism face, which I have highlighted in my briefing today, the world is unquestionably a better place because of them. That is not simply because of their adjudication of specific cases, but also because of the long shadow international courts cast, promoting more lawful behaviour by States and individuals. With the support and encouragement of the States Members of the United Nations, the ICTY, the Mechanism and other international tribunals have served, and continue to serve, as the concrete manifestation of a commitment to ending impunity and as a testament to the international community's dedication to creating a world where the rule of law is supreme.”
2014-12-10 · UN Security Council · Security Council, S/PV.7332 (2014) · source
“These individuals, having been exonerated or served the sentences imposed by the ICTR, deserve the opportunity to be resettled and to rebuild their lives. The total number of the acquitted and released individuals is very small; just a few States stepping forward to give them shelter could address the problem. These challenges to the Mechanism are real. They should not, however, obscure the real progress achieved in launching both branches of the Mechanism and smoothly transitioning responsibilities according to the timelines mandated by the Security Council. The principals and staff of the Mechanism and of the ICTR and the ICTY should be applauded for their efforts in making all of this possible.”
2014-12-10 · UN Security Council · Security Council, S/PV.7332 (2014) · source
“Just as the accounting for all ICTY indictees struck an important blow against impunity, so too a full accounting ofICTR indictees will provide confirmation of the international community's commitment to justice and accountability. Accordingly, I urge the Council to renew its call to all Member States to cooperate with efforts to arrest the remaining fugitives indicted by the ICTR. A second challenge facing the Mechanism is posed by the persons acquitted by the ICTR and the release of individuals who have completed sentences imposed by the ICTR. The Mechanism will assume responsibility for all such individuals released in Tanzania, on 1 January 2015, having already assumed other relocation-related functions. I consider the question of resettlement to be a crucial matter of humanitarian concern for the international community.”
2014-12-10 · UN Security Council · Security Council, S/PV.7332 (2014) · source
“In Arusha, we are moving towards commencing construction of the new premises authorized by the General Assembly, and we are continuing discussions with the Netherlands concerning the future facility of the Mechanism. Relying on outside funding, we are also launching limited programmes aimed at knowledge-sharing with Tanzanian law schools and members of the Tanzanian judiciary. Two key challenges continue to face the Mechanism. The first is the outstanding arrest warrants for the remaining ICTR indictees who have yet to be apprehended, including three who are expected to be tried by the Mechanism. It is imperative that these fugitives be apprehended.”
2014-12-10 · UN Security Council · Security Council, S/PV.7332 (2014) · source
“As set forth in my written report, responsibility for a wide variety of functions - including witness protection, the enforcement of sentences, the monitoring of referred cases and the preservation of archives - has been transferred or is being transferred to the Mechanism. Concurrently, the Mechanism is increasingly assuming direct responsibility for administrative functions, such as human resources. The Mechanism continues to engage with Rwanda and the States of the former Yugoslavia, as well as with our host States - Tanzania and the Netherlands. A host State agreement has already been signed with Tanzania, while a text with the Netherlands has been initialled.”
2014-12-10 · UN Security Council · Security Council, S/PV.7332 (2014) · source