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

“It is an honour for me to address the Security Council once again as President of the International Tribunal for the Former Yugoslavia (ICTY) and of the International Residual Mechanism for Criminal Tribunals. I wish to congratulate Ambassador Ge'rard Araud of France upon his assumption of the presidency of the Council. France is known for its tireless support to international justice. I wish him the greatest of success in the discharge of his duties. (spoke in English) I am appearing before the Council today in my two capacities as President of the ICTY and of the Mechanism. Written reports concerning both institutions were submitted to the Council last month. In my remarks today, I wish to focus on the most noteworthy issues detailed in those written reports.”
2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source
“That is in good measure due to the work of the ICTY over the past two decades. With the sustained support of the international community and the Council in particular, the Mechanism will carry that strong legacy forward in the years ahead.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The Tribunal's principals, Judges and staff, together with dignitaries representing a large number of Member States and a host of others, commemorated this occasion in the presence of His Majesty the King of the Netherlands and the United Nations Under-Secretary- General for Legal Affairs and Legal Counsel, Patricia O'Brien. I am grateful to the Council for its statement recognizing this important milestone and the Tribunal's contributions over the past 20 years. I am equally grateful to it for recognizing that the Mechanism plays an essential role in ensuring that the impending closure of the ICTY and the ICTR will not leave the door open to impunity. As Under-Secretary-General O'Brien remarked on the occasion of the ICTY's twentieth anniversary, a new "age of accountability is becoming a reality".”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“I call upon other Member States to take steps to ensure that all of the remaining ICTR-indicted fugitives, whether they end up being tried by the Mechanism or by Rwanda, are arrested and brought to trial. Thanks to the dedication and cooperation of Member States, the ICTY has been able to account for all 161 of the individuals whom it has indicted. It is vital for the ICTR's legacy, and indeed for the cause of internationaljustice, which we all hold so clear, that we ensure a similar result for those indicted by the ICTR. Before closing, I must acknowledge an important milestone: 25 May 2013 marked 20 years since the Tribunal's establishment by the Council in resolution 827 (1993).”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The arrest and transfer of those three fugitives to the Mechanism's custody remains a top priority, and Prosecutor Jallow has primary responsibility in that regard. But as we have learned from experience at the ICTY, where the last two fugitives were finally arrested in 2011, thanks to the work of Serbian authorities and ICTY Prosecutor Serge Brammertz, Member States play an invaluable role in ensuring that fugitives are apprehended. The United States recently reaffirmed its commitment to offer financial rewards to individuals who provide information leading to the arrest or transfer of certain fugitives, including all nine ICTR- indicted fugitives, through its War Crimes Rewards for Justice Program. We are very grateful to the United States for its initiative in that regard.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“At the same time, the Mechanism is looking to increase its capacity to enforce sentences in Africa and is actively taking steps to enter into the enforcement of sentences agreements with new States. The cooperation and leadership of the Council and its members in that regard would be much appreciated. Since the opening of its Arusha branch, the Mechanism has received and addressed a number of requests from national authorities for assistance in relation to national investigations, prosecutions and trials of individuals charged in relation to the genocide in Rwanda. On 1 July, the Mechanism will assume similar responsibilities in relation to requests related to events in the former Yugoslavia. Finally, I would remind the Council that the Mechanism is responsible for the trial of three individuals who were indicted by the ICTR.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Following the opening of The Hague branch, I look forward to building on existing relations with States in the former Yugoslavia to develop similarly productive and cooperative relationships with those States. Turning to the issue ofthe enforcement ofsentences, I would like to express my concern regarding the situation in Mali, where 17 persons convicted by the ICTR are serving their sentences. Those 17 individuals are now the responsibility of the Mechanism, and the Mechanism's Registrar is monitoring the security situation closely. The Mechanism is also taking steps to implement recommendations made by an independent penitentiary expert whom the Registrar hired to review enforcement practices in the two countries currently enforcing ICTR sentences, namely, Mali and Benin.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The ICTR has also referred a number of cases for trial in Rwanda. Although some of the cases involve individuals who are still fugitives, in the case of Uwinkindi a trial is expected to commence later this year. Pending the finalization of monitoring arrangements, the ICTR staff has been conducting interim monitoring of the ongoing pre-trial proceedings. I wish to thank the Rwandan authorities for their cooperation in facilitating the monitoring, which is an important aspect of the Mechanism's mandate, and, more generally, for the warm welcome I received upon my first official Visit to Kigali last December. I am most grateful for the open and frank discussions I had while there and for Rwanda's ongoing cooperation with the Mechanism.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“I am very grateful to President Joensen for his work on behalf of the Mechanism, and for being such a collegial and effective partner of the Mechanism in his capacity as President of the ICTR. In addition to its responsibility for its own cases, the Mechanism is also responsible, with the assistance of international and regional organizations and bodies, for monitoring cases referred by the ICTR to national courts for trial. As explained in my written report, two cases were referred by the ICTR to France for trial there. Pending finalization of arrangements with an international organization to assist in the monitoring of the two cases, the Mechanism has made interim monitoring arrangements. I am most grateful to the French authorities for their cooperation in relation to the matter.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Since my previous report to the Council, the Mechanism has received its first appeal from judgement, in the Ngirabatware case. As I mentioned earlier, additional appeals from ICTY trialjudgements are expected in the future, including potential appeals in the cases ofSeselj, Karadz'ic', Hadfic' and Mladic'. The Mechanism has also been seized of a number of motions and requests in relation to certain contempt allegations. That litigation is an example of the sort ofunanticipated ad hocjudicial activity that may arise before the Mechanism. Finally, in my role as President, I have issued decisions in relation to the enforcement of sentences and on a request for review of an administrative decision. Meanwhile, ICTR President Vagn Joensen, who has been serving as the Mechanism's Duty Judge in Arusha, has likewise ruled on a variety of matters.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The Mechanism has already taken on responsibility for managing the archives of both the ICTY and the ICTR, although the latter retains responsibility for the preparation of its records for transfer to the Mechanism. From an administrative standpoint, all is going well. The Mechanism has issued a number of practice directions and promulgated other policies, thereby developing further its legal and regulatory framework. Work on the Mechanism's permanent premises in Arusha is on track and funding is in place. The Mechanism is grateful for the support and cooperation of the Government of the United Republic of Tanzania in relation to that project. Turning to the Mechanism's judicial work, I note that there have been a number of rulings, as set forth in more detail in my written report (S/2013/309, annex I).”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“In that respect, I wish to express my gratitude to the Mechanism's Registrar and Prosecutor for helping to make that possible. Upon the opening of The Hague branch in July and in accordance with its mandate, the Mechanism will assume responsibility for a variety of functions inherited from the ICTY, including the enforcement of sentences, the provision of assistance to national jurisdictions and the protection of Victims and witnesses in completed trials of the ICTY. The Mechanism will also assume the authority to hear appeals against judgements or sentences handed down by the ICTY where the notice of appeal is filed after 1 July 2013, as already mentioned; the authority to conduct reviews of judgements handed down by the ICTY and to try contempt cases; and the authority to decide on requests for pardon or commutation of sentences.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“In the meantime, my colleagues and I at the Tribunal remain grateful to the Council for its continued support, just as I remain grateful to the Judges and all of the staff of the Tribunal for their deep commitment to our work. I would now like to turn to the work of the International Residual Mechanism for Criminal Tribunals. At the outset, I am very pleased to advise that all arrangements are in place to ensure a seamless transfer of functions from the ICTY to The Hague branch of the Mechanism on 1 July 2013, in full compliance with the requirements of resolution 1966 (2010). I have every expectation that, as the Mechanism officially becomes a transcontinental institution, it will continue to operate as smoothly as it has done since the opening of the Arusha branch last July.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“As I have previously explained to the Council, the pending closure of the Tribunal also produces its own challenges, primarily that of retaining the highly qualified and experienced staff members so necessary for the Tribunal's expeditious and orderly closure. I wish to underscore that all efforts are being made on the part of the Tribunal to complete its pending judicial work as quickly as possible while fully respecting the fundamental rights of the accused and the appellants to due process in accordance with international standards. As set forth in the 15 April written report to the Council, the Tribunal has also developed a consolidated, comprehensive plan that sets forth the processes and procedures for the Tribunal's eventual closure.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Thus, for example, the typical difficulties and unpredictability involved in identifying, preparing and presenting evidence are multiplied many times over in a Tribunal situated far from the site of the alleged crimes, when most Witnesses must be brought from thousands of kilometres away to appear in court, and when the official languages of the Tribunal differ from those of the accused and most witnesses, necessitating constant translations of witness testimony and extraordinary amounts of documentary evidence. The breadth and complexity of the crimes and modes of individual criminal responsibility alleged in the Tribunal's cases only compound those challenges further.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“In sum, while the Tribunal has made tremendous progress in many respects, there have been some delays in certain proceedings, as fully explained in my report to the Council. I deeply regret those delays. But I hasten to remind the Council that many of the factors leading to the delays are not uncommon to judicial and criminal proceedings the world over. More importantly, while unexpected developments may give rise to delays in any criminal case, the impact of such developments on the efficient completion of proceedings is magnified by the unique situation and mandate of the Tribunal.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“In two of those cases, Tolimir and Stanisic' and Zupljanin, the forecasted completion dates for the appeals are just a few months past the target date. We continue to look for ways to bring the projected completion dates for these cases, and, indeed, all of our cases, forward. However, any appeals in the third case, that of Prlic' et al., are only expected to be completed in mid-2017. With respect to the Prlic' et al. case, I note that there is still a possibility that any appeals filed in that case may go to the Mechanism, rather than the Tribunal. We will have to see what happens. Similarly, it is not yet clear whether any appeals in the Stanisie and Simatovie case will go to the Mechanism or to the ICTY.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“There has also been a small delay in the projected completion of the appeal judgement in the multi-appellant case of Popovie et al., which is now anticipated to be completed in October 2014. As explained more fully in my written report submitted in May, that change was occasioned by complexities in the case which have required additional preparations in advance of the appeal hearing. For those cases that have experienced changes in projected end dates, a number of different measures have been adopted to minimize delays, including the reassignment of additional legal staff members to assist in judgement drafting. As previously reported to the Council, it is currently anticipated that appeals in three cases are expected to go beyond 31 December 2014.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Turning to the Tribunal's appellate cases, I wish to first pause and express my gratitude to Security Council members for their recognition of the need to restore the ICTY to the full complement of permanent Judges and the work that they have done in relation to this matter. A judgement in the rule 98 bis appeal in the Karadeic' case is anticipated by July 2013. It is also expected that the multi-appellant case of Sainovie et al. will be completed by December 2013, as previously projected. The appeal judgement in the Bordevic' case is now expected by December 2013, two months later than the previous forecast. That postponement is attributable to the need to replace a Judge on the bench due to her resignation from the Tribunal, the heavy workload of the other Judges on the bench, and other factors, as set forth in my May report.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The Mladie trial is likewise proceeding apace and is expected to conclude by mid-2016, as previously forecast. The Karadeic' case, originally anticipated to be completed by the end of December 2014, is now anticipated to be completed by July 2015. As detailed in my written report submitted in May, there are numerous factors leading to that recalculation. The only other remaining case at trial is the Seselj case. The Trial Chamber has now scheduled delivery of the judgement in this case for 30 October 2013, three months later than forecast in my written report last November. The reasons for this delay include the departure of senior staff members as well as the simultaneous involvement of all Judges on the bench in other, ongoing cases.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Since my written report was submitted in May, two more trials have been completed, with the issuance of trialjudgements in the cases of Prlie et al., and Stanisie and Simatovie at the end of May. As detailed in my May report to the Council, the Tribunal has also completed the appeal proceedings in two cases: Lukie and Lukie, and Perisic'. Other cases on appeal are moving ahead, with appeal hearings held in the complex, multi-appellant case of Sainovie et al., as well as in the Bordevie case and in the rule 98 bis appeal in the Karadeic' case. Only four trials concerning the core statutory crimes now remain to be completed. Three of those trials involve the late-arrested accused, Karadzie, Hadzie and Mladie. The Hadiic' case remains on track and is expected to be completed by the end of 2015.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Before doing so, however, I would like to take this opportunity to express my gratitude to the Security Council's Informal Working Group on International Tribunals, operating under the excellent leadership of Guatemala, for the Working Group's sustained support for the work of the Tribunal. I would also like to recognize the invaluable assistance provided to the ICTY and the Mechanism by the Office of the Legal Counsel. Allow me first to update the Council on the progress being made by the ICTY towards the completion of its mandate and its closure. The Tribunal has achieved much since I submitted a written report to the Council last fall. The Tribunal has completed the trials in three cases: those of Haradinaj et al., Tolimir, and Stanisic' and Zupljanin.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“As was the case last December (see S/PV.6880), I am appearing before the Council today in two capacities and will accordingly deliver two reports: one on the ICTY's progress in relation to its completion strategy and another on the ongoing work of the Mechanism in preparation for the launch of The Hague branch of the Mechanism in a few short weeks. Written reports concerning both institutions were presented to the Council last month. In addition, the Council will recall that a confidential report in relation to the ICTY was submitted in April, in accordance with resolution 2081 (2012). In my remarks today, I wish to provide an overview of a few key issues contained in those written reports, and I will not repeat the contents of the reports in detail.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Judge Meron: It is an honour for me to appear before the Security Council again as the President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and as the President of the International Residual Mechanism for Criminal Tribunals. I congratulate His Excellency Sir Mark Lyall Grant, Permanent Representative of the United Kingdom, upon his country's assumption of the presidency of the Security Council. The United Kingdom has long been a strong advocate ofinternationaljustice, and I wish it every success in its presidency.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The ICTY has already had a profound impact on the landscape of international criminal justice, and the Mechanism has the potential to build upon the achievements of its predecessors by creating a model institution that is effective and efficient and represents the international community's strong commitment to the fight against impunity. I look forward to working with you to turn that potential into a reality.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Although the lion's share of the Mechanism's judicial work will be in appeals, the Mechanism wil nonetheless be prepared to conduct trials of the three fugitives indicted by the ICTR whose cases are still within the competence of the Mechanism: Messrs. Felicien Kabuga, Augustin Bizimana, and Protais Mpiranya. The arrest and trial of those three fugitives is a top priority for the Mechanism. While the Mechanism has sought and will continue to seek the cooperation of States, I call upon the members of the Council, in particular, to lead by example on that critically important issue. In closing, I would like to express my appreciation to the members of the Council for their support of the Tribunal and the Mechanism, and to urge Council members to reflect on the achievements of the one and the potential of the other.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“We can thus already anticipate that any appeals in the Seselj, Karadeie, Hadeie and Mladie cases will come before the Mechanism. However, the ICTY Appeals Chamber will continue to operate in the meantime, hearing appeals in cases in which the notices of appeal are filed prior to 1 July 2013, potentially including appeals in the Stanisvic' and Simatovic', Haradinaj et al., Tolimir, StaniÂ§ie and Zupljanin, and Prlic' et al. cases. Any appeals in the cases of Staniiie and Simatovic' and Haradinaj et al.are predicted to be completed by the end of 2014. The appeals of Tolimir and Stanis'ic' and Zupljanin are anticipated to be completed in early 2015 and the Prlic' et al.appeal in late 2016. That is a situation regarding which the Security Council has previously been apprised.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Munyarugarama from a decision referring his case to Rwanda, I selected Mechanism judges who are already servingjudges ofthe ICTY or the ICTR, in order to benefit from their experience and avoid incurring unnecessary costs to the Mechanism. I anticipate adopting - to the extent possible - a similar approach in assigning the bench to hear any appeal that may arise from the ICTR's Ngirabatware trial judgement, which is expected shortly. That would be the first appeal from judgement conducted by the Mechanism. In relation to appeals, I would note that all notices of appeal from ICTY judgements filed on or after the launch of The Hague branch of the Mechanism on 1 July 2013 will fall within the competence ofthe Mechanism.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“For example, last spring, I asked the judges of the Mechanism to cooperate in ensuring the efficient adoption of the Rules of Procedure by means of electronic communications, thereby avoiding both delays and the need to convene a costly plenary meeting. For similar reasons, I appointed my friend and colleague President Vagn Joensen of the ICTR as the Mechanism's duty judge at the Arusha branch. Because President Joensen wears two hats, as a judge of both the ICTR and the Mechanism, he brings his already considerable experience and understanding to bear on the issues before him. In addition, his work for the Mechanism is being performed at no cost to that institution. Finally, in assigning judges to handle the appeal of Mr.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“But I have also been guided by an awareness of what are often seen as failings of international criminal justice, namely, that international trials can be slow and costly. In overseeing the creation and operations of the Mechanism, I therefore feel a particular responsibility to demonstrate to the international community that fairness and efficiency are not mutually exclusive concepts. Making international criminal justice sustainable in the long run depends in great part upon demonstrating that it can be an efficient, effective and affordable proposition for the international community. The Mechanism's other principals and I and the Mechanism's staff are committed to making the Mechanism a model institution. That approach is evident in much of what we have accomplished thus far.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“We have begun to consider the additional challenges that the Mechanism may inherit upon the eventual closure of the ICTY and ICTR, including the Vital issue of ensuring the relocation of persons acquitted before the ICTR, should a solution not be found in the meantime. In sum, the Mechanism is already deeply engaged in fulfilling its mandate. I am profoundly honoured to have been appointed President of this new institution. The Mechanism offers a unique opportunity to be involved in building an international criminal institution from the ground up. As I have undertaken this work, I have been guided by my experiences of over a decade at the ICTY and by the advice of the Mechanism's Registrar and a team of talented and committed staff.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“It is engaged in monitoring the ICTR cases transferred to national jurisdictions for trial. It is also actively providing assistance to States for domestic investigations and prosecutions. The Rules of Procedure and Evidence have been adopted, practice directions have been promulgated, and lines of communication and cooperation between the Mechanism, on the one hand, and the ICTY and ICTR, on the other, have been established. The Mechanism currently relies upon its predecessors for a wide range of administrative services and other support, but I can assure the Council that it will be ready to assume those functions and be fully self-sufficient when required to do so. Preparations are well under way for the launch of the Mechanism's branch at The Hague.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“In View of the fact that the judges' current terms of service are due to expire at the end of this month, I would be most grateful to the Council for considering this matter expeditiously. I would now like to turn to my report on the work of the Mechanism, which commenced operations at the Arusha branch on 1 July, in full conformity with resolution 1966 (2010). Notwithstanding the short time between the appointment of its principals and the launch of its first branch, the Mechanism is fully functional. It has begun issuing orders and decisions in areas under its competence. It has taken over the provision of witness support and protection for those witnesses who have testified in completed ICTR cases, and assumed responsibility for the enforcement of ICTR sentences.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“As the Council may appreciate, judges, in common with staff members, require certainty in the lengths of their mandates. That certainty is instrumental to the stability of the Tribunal and the retention of both judges and staff members. I would also underscore that a number of the Tribunal's judges are on leave from national jurisdictions. Those periods of leave are granted based on the terms of office approved by the Security Council. It is important for both the national jurisdictions and the judges themselves that they be able to plan based on realistic expectations of the lengths of trials and appeals. I would be extremely grateful to the Council for considering the Tribunal's extension request, which will greatly assist in achieving the Council's completion strategy.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“As set forth in that letter, which I trust has been shared with the members of the Council, the extensions requested vary in length according to the expected timelines of the cases to which each judge is assigned. Notably, no extensions are presently sought beyond 31 December 2014, although several cases - most notably the Mladic' and Hadeic' trials and possible appeals in some cases, as discussed in my written report to the Council - are expected to go beyond that date. Those cases obviously cannot be halted mid-stream. I will seek any relevant extensions of the terms of the judges involved in those cases at a later date, but I wished to bring the matter to the attention of the Council now in the interests of transparency.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“I also note that Judge Kevin Parker of Australia demited from the Tribunal in 2011 and was not replaced because of our expectation that additional judges would be moved from the Trial Chamber to the Appeals Chamber. I am now concerned about the resulting situation, in View of the increasing workload of the Appeals Chamber. I am currently considering what actions, if any, to take in order to ensure that that does not impact the completion strategy. Finally, I note that in my letter to the Secretary- General of 29 October 2012 I signalled the necessity of extending the terms ofoffice ofthe Tribunal's permanent judges and certain ad litem judges.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“While I am very pleased to note that three ICTR trial judges have since been redeployed to the Appeals Chamber and that the fourth is expected by March 2013, unfortunately only one ICTY trial judge is now expected to be available for such redeployment, which will occur no earlier than July 2013 following the conclusion of the Sesvelj trial. That is because all other available ICTY trial judges have been assigned to either the cases of two late-arrested accused, namely, Mr. Mladie and Mr. Hadiic', which are expected to go past 2014, or to the Karadeic' case, which will not be completed until 31 December 2014 - the date by which the Security Council would like to see the Tribunal complete the bulk of its work.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Indeed, during the critical period between January 2013 and December 2014, it is anticipated that the Appeals Chambers of the ICTY and the International Criminial Tribunal for Rwanda (ICTR) will be seized with up to 16 appeals from judgement, as well as any number of additional interlocutory appeals and other requests. This change in focus is hardly unexpected. In resolution 1877 (2009), the Council recognized that the workload of the Appeals Chamber was expected to increase upon completion of trial proceedings and accordingly amended the Tribunal's Statute to authorize the enlargement of the Appeals Chamber through the redeployment to the Appeals Chamber of up to four additional ICTR trial judges and up to four additional ICTY trial judges.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“While frustrations may arise due to delays in the completion of trials and appeals, and while my colleagues and I will continue to seek out new ways to avoid further delays, I encourage Council members to view such challenges in their proper context and from the perspective of the Tribunal's broader achievements, the salutary effects of which will be felt for many years to come. Before turning to my briefing on the Mechanism, I wish to raise two final issues with respect to the Tribunal. First, I note that with the end of all but three trials in 2013, the focus of the Tribunal's work will have moved firmly to the Appeals Chamber.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The Tribunal has established a robust and authoritative body of jurisprudence on customary international humanitarian and criminal law, addressing everything from crimes of sexual Violence, to international criminal procedure, to the erosion of the traditional distinction between the laws applicable to international and internal armed conflicts. In doing so, it has transformed the face of international justice forever, all the while paying full respect to the rights of the accused and the principle of legality. Indeed, the Tribunal has been instrumental in bringing about a new era of accountability and a new commitment to justice within the international community at large. These accomplishments are priceless, and should not be forgotten.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The translation of materials into a language that the accused or counsel understands may take longer than anticipated. All the while, the Tribunal's cases are inevitably subject to the vagaries - the unexpected twists and turns - common to all criminal law proceedings. These are daily challenges in the work of the Tribunal. I assure Council members, however, that they are challenges that are met with tenacity by the judges and staff of the Tribunal, whose commitment to ensuring the completion of the Tribunal's work in as timely a manner as possible is extraordinary and deserves the Council's recognition. Indeed, despite some delays in the completion of the Tribunal's trials and appeals, there is no doubt that the work accomplished by the Tribunal so far, and the legacy that it will leave, are already of profound significance.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The documentary and other evidence adduced to establish or defend against the charges at stake runs in most cases to tens of thousands of pages, and witnesses must be flown from various parts of the world to give evidence in the proceedings. In this context, even the most robust management of cases cannot always guard against delays. Setbacks can arise from the departure of staff members who are experienced in the workings of the Tribunal and deeply familiar with the factual record of the particular cases, or when the accused or counsel become ill. Witnesses may refuse to appear to testify, embroiling the proceedings in ancillary contempt matters. States may be slow in cooperating with requests for material due to insufficient legislative frameworks or claims of national security interests.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“As President of the Tribunal for the second time, I am well aware of the frustrations that Council members may feel when faced with shifts in forecasted completion dates, particularly when updated forecasts fall short of expectations. I share that frustration. However, I must underscore that predicting the completion dates for trial and appellate proceedings is more akin to an art than to a science, and the forecasts the Tribunal provides must be understood in that context. As Council members are all too aware, the Tribunal is situated far from where the conflicts took place in the former Yugoslavia. The geographical scope of the indictments and the number of charges alleged can surpass the most complex of national proceedings, and the number of crime sites and crimes alleged are often of unparalleled scale.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“case is anticipated to be completed by July 2014, several months earlier than previously forecast, and the Bordevie appeal is on schedule to conclude by October 2013. The Sainovic' et al. appeal has suffered a delay of five months and is now anticipated to be completed by 31 December 2013. In short, there have been significant advances in the estimated completion dates for several appellate cases, while almost all others are on track to meet previously reported forecasts. At the same time, the Tribunal continues to face a myriad of challenges in meeting the estimated completion dates for some of its cases, and my written report details the reasons for delays in trials and on appeal that I have just mentioned.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“More specifically, we currently estimate that the trials of Prlie et al., Stanisie and Zupljanin, and Stanisie and Simatovic' will not be completed until March 2013, and the Seselj trial is now expected to conclude no earlier than July 2013. Still, once the Seselj trial judgement is delivered, all trials will have been completed save for those of the three late-arrested accused: Mr. Karadzie, Mr. Hadiic' and Mr. Mladie. With respect to appellate work, I note that the judgement in the Gotovina and Markae case was delivered on 16 November and that the judgement in the Lukic' and Lukic' case was delivered yesterday, 4 December. It is anticipated that the judgement in the Perisic' case, which was heard on 30 October, will be delivered early in 2013. Other appeals are progressing more or less as anticipated. The Popovic' et a].”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“As Council members will have seen in my written report (see S/2012/592), the Tribunal is making excellent progress in completing its work. At the trial level, the judgement in the Haradinaj et al. re-trial was issued just a few days ago, on 29 November. The Tolimir trial judgement is scheduled for delivery on 12 December, in keeping with previous estimates, and we still hope that the Karadfie trial will conclude by 31 December 2014. The first estimates for the Hadeic' and Mladic' cases forecast those trials finishing by 31 December 2015 and 31 July 2016, respectively. There have also been some delays in certain trials.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Accordingly, in my remarks today, I hope to highlight certain key issues, rather than repeat the contents of those reports in detail. However, before addressing specific successes and challenges faced by the Tribunal and the Mechanism, I would like to take this opportunity to express my deep appreciation for the efforts and dedication of the Security Council's Informal Working Group on International Tribunals, which operates under the able leadership of Guatemala. I would also like to recognize the guidance and considerable assistance provided to the ICTY and the Mechanism by the Office of Legal Affairs. The sustained support and invaluable advice provided by both of these bodies has been instrumental to the continuing progress of the ICTY and the Mechanism. I now turn to the completion strategy of the ICTY.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Judge Meron: It is an honour to appear before the Security Council today both as the President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and as the President of the International Residual Mechanism for Criminal Tribunals. I congratulate Ambassador Mohammed Loulichki of Morocco for his country's assumption of the presidency of the Security Council and wish him much success in the management of the Council's activities during this very busy period. As Ijust noted, I appear before the Council today in two capacities and I will accordingly give two reports - one on the progress made in relation to the completion strategy of the ICTY and the other on the launch of the Mechanism. Written reports concerning both institutions were presented to the Council last month (see S/2012/592 and S/2012/849, annex I).”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Furthermore, in creating the Residual Mechanism, the Council has devised a means to protect and, wherever possible, share the unprecedented body of jurisprudence, evidence and other historic records of the ICTY and the ICTR for generations to come. In short, the success of the Residual Mechanism is not simply important for the sake of that institution; the Mechanism's effectiveness is also crucial to safeguarding the Tribunal's own invaluable legacy. On behalf of the Tribunal, I thank the Council for its continuing support and for its commitment to making sure that the very best traditions of international criminal justice - which the Tribunal has helped to define for nearly two decades - live on.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“By establishing the Residual Mechanism, the Council has helped to guarantee that the closure of the two pioneering ad hoc tribunals does not open the way for impunity to reign once more, whether for those whose trials or appeals before the ICTY and the ICTR will not have been completed or for those remaining fugitives indicted by the ICTR who must still be brought to justice. With the Residual Mechanism, the Council has also helped to ensure that the rights of victims, witnesses, persons whose cases have been referred to national jurisdictions and persons tried or convicted by the Tribunal and the ICTR will remain both respected and protected, even after the two original ad hoc tribunals cease to function.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source