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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“The Tribunal is still awaiting word from the Government of Serbia as to whether it wishes to proceed with the establishment of information centres on its territory. The reporting period has been one of great productivity on the part of the Tribunal, leading to substantial progress towards the completion of its mandate. That positive development is largely thanks to the exceptional efforts of the Tribunal's judges and staff and to the implementation of management reforms. I would emphasize once more the great challenges related to the Residual Mechanism and the stellar work of all those involved in facilitating a seamless transition to, and smooth commencement of, the Mechanism. They should be congratulated for their dedication.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“Finally, in accordance with resolution 1966 (2010), the Tribunal continues to work with the countries of the former Yugoslavia to facilitate the establishment of information centres in the region. During the reporting period, Croatia advised the Tribunal of its commitment to the establishment of such a centre and its identification of a building for that purpose. The Bosnian and Croat members ofthe Presidency of Bosnia and Herzegovina have also recently indicated their support for the establishment of information centres in Sarajevo. The Tribunal is currently collaborating with partner organizations, including the United Nations Development Programme, the United Nations Interregional Crime and Justice Research Institute and the Government of Switzerland in moving the project to the next stage.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“In addition, as Council members are aware, the Residual Mechanism may soon be called upon to exercise jurisdiction over the appeals, if any, in up to three ICTR cases in which trial proceedings were recently delayed. Appeals in those cases, originally budgeted for by the ICTR, will require the assignment of an appeals bench of Residual Mechanism judges and the support of legal and administrative staff. They will therefore have financial consequences for the Residual Mechanism not previously foreseen. It is now understood that certain other judicial activities provided for in the budget of the Residual Mechanism will not occur. The funds budgeted for those activities can therefore be used to support the appeals, if any, in the ICTR cases. Nevertheless, the overall cost to the United Nations will be greater than formerly envisaged.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“In early May, the first Coordination Council meeting of the principals of the Residual Mechanism was convened in Arusha, followed by a first ever joint Coordination Council meeting between the principals of the Mechanism and the principals of the ICTR. Those meetings enabled us to reach a number of vital decisions related to the orderly transfer of ICTR functions to the Mechanism, such as the monitoring of cases referred to national jurisdictions. Thanks to those preparations, on 1 July the Residual Mechanism will be ready to assume competence over all judicial and prosecutorial functions identified in resolution 1966 (2010) in relation to the ICTR, including the protection of victims and witnesses, the tracking of fugitives, the enforcement of sentences, contempt proceedings, and the monitoring of rule 11 bis transfers.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“We hope that the rules will be adopted expeditiously. I note that by deploying innovative processes to complete those tasks, we have conserved United Nations resources to the maximum extent possible. We have also been advertising vacancies in order to recruit the necessary staff. I wish to express my appreciation to the Office of Human Resources Management for authorizing the Registrar of the Residual Mechanism to transfer a number of staff from the Tribunal and from the ICTR to the Mechanism via a transparent recruitment process that avoids the delays sometimes associated with the lnspira recruitment system of the United Nations.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“I am very pleased to report to the Council that the transition is proceeding smoothly, thanks in great part to the Registrar of the Residual Mechanism and the ICTY and to the Registrar of the International Criminal Tribunal for Rwanda (ICTR). In accordance with resolution 1966 (2010), the Residual Mechanism will commence operations on 1 July with the opening of the Arusha branch of the Mechanism. In anticipation of that milestone, we have taken a number of important steps, including swearing in all judges. We have also circulated the draft rules of procedure and evidence to the judges for their consideration. I have every expectation that the rules will be adopted without delay. Thanks to the constructive cooperation of my colleagues, therefore, we have been able to complete the swearing in of judges.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“Highly experienced and valued staff members continue to leave the Tribunal in increasing numbers. The Tribunal has made little progress in securing support for the different staff retention measures that it has presented to the United Nations over more than half a decade. As set forth in my report, delays in several ongoing cases can be directly attributed to staff attrition. Given that unfortunate reality, the Tribunal can only strive to ensure that staff departures do not unduly impact the Tribunal's completion strategy, and that they do not place too onerous a burden on the remaining staff, whose extraordinary commitment, diligence and talents are fundamental to the Tribunal's continuing success. I shall now turn to the Tribunal's progress in preparing for the transition to the Residual Mechanism.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“While the factors leading to delays are often beyond my control, I can also assure Council members that I am taking all possible measures consistent with principles of due process and judicial independence to ensure the completion of those cases, including the necessary translations, as soon as possible. Another reform that has benefited the Tribunal during the reporting period is the waiver of the prohibition on the direct hiring of interns maintained by the Office for Human Resources Management of the United Nations. The lifting of that prohibition has already allowed the Tribunal to take steps to mitigate the effects of staff departures in particular cases. While the Tribunal is extremely grateful for the support expressed for that reform during my previous visit to the Council, I must emphasize that that measure is not a panacea.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“If, however, appeals in those cases are filed before the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY), based on current forecasts, that would lead the ICTY Appeals Chamber and the Appeals Chamber of the Residual Mechanism to operate in tandem until 2016. I am frequently asked about the health of one detainee, Mr. Vojislav Seselj. I would underscore that Mr. Seselj, like all detainees, is entitled to and receives the highest standard of medical care in the Netherlands. I personally take great interest in ensuring that all detainees receive the best medical care possible. While medical information on individual detainees must of course be, and remain, confidential, I can inform the Council of my confidence that all possible measures are being taken to ensure Mr. Seselj's health.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“As members may recall, during my last presentation to the Security Council, I reported on measures I had adopted to reduce the time required for translation in these cases by 50 per cent. Those measures are still in place, but unforeseen delays in the trials themselves have delayed the relevant trial judgements. As a result, depending on when the trial judgements are delivered and on the procedural postures adopted by different parties, it is possible that any appeals in some or all of those three cases will fall within the jurisdiction of the Residual Mechanism, even though the relevant translation times have been reduced dramatically.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“Likewise, preparations in the Perisie appeal are advancing very rapidly. While great strides have been made in those cases, the complexity of issues involved in one multi-accused case, coupled with translation and staffing issues, has caused that case to suffer delays. The bench in that case is taking all possible measures to minimize further delays. With respect to future potential appeals, it is anticipated that any appeals in the cases of the lately arrested accused - Karadeie, Mladic', and Hadeic' - will fall under the competence of the Residual Mechanism. I would like to draw the particular attention of the Security Council to the cases of Tolimir and Prlic' et al, in which trial judgements are expected by the end of this year, and to the 5235te case, in which a trial judgement is now expected by March 2013.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“That reform, aimed at relieving the burden falling on our permanent trial judges, some of whom were forced to balance up to eight contempt cases alongside two substantive cases, greatly helped us in moving those substantive cases along. I would like to express my great appreciation to the Council for supporting that reform. I am pleased to report that the reassignment of contempt cases has been one ofthe factors that have allowed cases such as Hadeie to be trial-ready earlier than previously anticipated. The Tribunal's Appeals Chamber is also making great progress towards the completion of the cases on its docket. For example, due to the adoption of innovative measures, the hearing in the Gotovina and Markae case was held more than nine months earlier than previously forecast.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“In that respect, I note that due to efficiency measures adopted in pre-trial proceedings, the Mladie case commenced on 16 May 2012, which is six months before the anticipated start date forecast in last November's report (see S/2011/473) to the Council. While there has been a short adjournment due to disclosure failures, that delay is not likely to significantly impede the progress of the case. The Hadeie case is due to commence in October 2012, which is three months ahead of the anticipated start date previously reported. During my last presentation (see S/PV.6678) to the Council, I advocated the reassignment of contempt cases to ad litem judges.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“In addition, our preparations for the transition to the Residual Mechanism have called for the resolution of a multitude of novel practical and legal questions. As explained in my report submitted on 23 May, most of the Tribunal's ongoing trials are forecast to end soon. Of the eight trials currently in progress, five are expected to be completed by December 2012. However, other trials, including those that involve the recently arrested accused, namely, Karadzic', Mladie, and Hadiie, will take longer to complete. It is anticipated that the trials of Mladic' and Hadzic' may continue past the indicated completion date of December 2014. The Council may rest assured that the benches hearing those cases continue to focus on innovative ways to minimize potential delays while fully protecting the rights of the accused.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“Judge Meron: It is an honour for me to appear before the Security Council today to address the Tribunal's progress in completing its mandate as set forth in the written report (see S/2012/354) recently submitted to the Council. I am pleased to report that the Tribunal has made great strides in the implementation of the completion strategy and in facilitating a smooth transition to the International Residual Mechanism for Criminal Tribunals. Reforms have been implemented in a number of areas and have already positively impacted the pace of our work, without sacrificing due process. At the same time, the Tribunal still faces difficult challenges, particularly with regard to staff attrition. Valuable and long-serving employees continue to depart for more secure employment opportunities.”
2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source
“I personally am committed to making the transition to the Residual Mechanism and its functioning as smooth as possible. Before I conclude, I would like to express how honoured I am to serve for a second time as President of the ICTY. I am privileged to follow in the footsteps of my two predecessors, Judges Patrick Robinson and Fausto Pocar. Their outstanding efforts have greatly strengthened the Tribunal. Born of the darkness emanating from Yugoslavia's break-up, the Tribunal faced particularly difficult challenges in its early years. While the Tribunal will soon cease to exist, it will leave a world transformed, and its legacy will be an indelible testament to the international community's commitment to justice: the noblest of human ideals.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Finally, I would note that President Robinson has already drawn the Council's attention to the difficulty of finding additional places appropriate for convicted persons to serve their sentences. I would find it most helpful if the Council could reiterate the request it made in resolution 1993 (2011), asking States to cooperate with requests by the Tribunal relating to the enforcement of sentences. Having reviewed the Tribunal's past successes and described our current work and challenges, I will turn briefly to the future. The establishment of the Residual Mechanism, with judges whose remuneration will be per day of work only and who will be allowed to hold outside occupations, will inevitably present many challenges for the Tribunal. We are moving into uncharted territory.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Without an interpretation or authorization for the Registry, the Tribunal will be prevented from implementing this solution. I would urge the Council to request the Secretariat to revisit this matter and come up with a pragmatic and flexible solution. Given the limited life of the Tribunal, the fact that it is not fully integrated into the Secretariat, and the interest of the Organization in the completion strategy, I believe that the case for a narrowly focused green light is compelling. I would therefore be grateful for the Council's explicit support for this proposal and for its assistance in obtaining the necessary assent for this cost-free measure, which would, in any event, apply only to a very small number of interns.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“While a termination indemnity may assist the Tribunal in retaining such critical, long-serving staff, it will not prevent staff departures, particularly with regard to the junior professionals in Chambers, a category critical for judicial work, where we have already suffered serious attrition. In the Tribunal's view, many problems would be remedied if it were allowed to hire its most talented interns directly to open posts. In cases where an intern has participated in a trial for some time, allowing him or her to replace a departing staff member can ensure that retraining, which might cause months of delay, is rendered unnecessary. However, General Assembly resolution 51/226 is currently interpreted as preventing such interns from being employed by the Tribunal for a period of six months following the completion of their internships.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“That problem was repeatedly raised by President Robinson, most recently and fully in his report to the Council of 15 November, and was referred to in the last three Security Council resolutions - 1931 (2010), 1954 (2010) and 1993 (2011) - concerning the Tribunal, in which the Council requested that the Secretariat assist the Tribunal in addressing this challenge. However, no progress was made in the meetings held in November with the Secretariat by President Robinson and separately by Registrar Hocking with respect to our modest proposals for a retention bonus in the form of a small termination indemnity of the type that is paid under staff rules to staff whose contracts are terminated or abrogated prior to the expiry of their term.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Under these circumstances, it is my intention, unless I hear objections from the Security Council requiring additional steps, to depart from the previous practice of the Tribunal, which precluded assignment of the nine ad litem judges to contempt cases not arising from their trials, and assign them to any contempt cases which a fair and efficient distribution of the workload warrants. Of course, these assignments - and let me emphasize this - would not trigger an extension of service beyond the cases to which an ad litem judge has already been formally assigned. Another serious matter that may severely impact the efficiency of our proceedings is the issue of staff retention.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“A second measure that I am considering is directed towards minimizing the disruption caused to our substantive caseload by contempt proceedings. There are currently 10 outstanding contempt cases. The burden of those cases is, for the most part, borne by the Tribunal's eight permanent trial judges. Some of those judges are currently sitting on seven or eight contempt cases in addition to their substantive cases. This situation represents a real obstacle to the efficient completion of the Tribunal's substantive cases.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“But I can certainly address the logistical question of translations, with the object of drastically reducing the time allocated to them through exceptional measures. My goal is to halve the translation time in the cases of Butare, with its seven appellants, Prlic', with its six potential appellants, Seselj and Tolimir. I am pleased to report that both Registrars have committed in writing to that goal. I am also requesting the Registrars to ensure that those extraordinary measures do not significantly slow down translations of other judgements. Even with those efforts, however, I must underscore that the four appeals I have referred to may still not be completed by the target date of3l December 2014.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Despite our resort to embedded translators in judgement drafting teams, the translation time represents a considerable impediment to a timely appellate process, with the risk of running beyond the target dates set by the Security Council. Therefore, as President of the ICTY and the ICTR Appeals Chambers, I have instructed the Registrars of both the ICTR and the ICTY - Mr. Adama Dieng and Mr. John Hocking, respectively - to take immediate and exceptional measures to bolster the number of staff assigned to judgement translation and to make every effort possible to expedite translations, even if it means reverting to outside contractors. As I see it, after the various reforms already carried out in the Tribunals, judicial work must run its course, or else the principle of judicial independence and fairness would be compromised.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“That said, the Tribunal will do its utmost to ensure that its proceedings are completed as expeditiously as possible, while ensuring that the fair trial rights of the accused are fully respected. In line with that commitment, among my first acts as President was to review the Tribunal's activities to identify possibilities to reduce the time needed to complete appeals. On the basis of that review, I identified the translation of judgements as a potential area for exceptional measures. It is estimated that one ICTR trial judgement will take 18 months to translate. At the ICTY, the eventual judgement in one ongoing ICTY trial case is currently projected to take 21 months, while those in two others are each projected at nine months.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“It is also my duty as President to draw the Council's attention to the charts attached to President Robinson's last completion report, which indicate that the Tribunal may not be able to conclude appeals emanating from the Tolimir, Seselj', and Prlic' cases by December 2014. Further, according to the charts recently presented by the ICTR, the appeal, if any, of Ngirabatware may go to the Residual Mechanism because the notice of appeal would miss the July 2012 deadline. In addition, I am advised that the completion report's estimate for the translation of the Prlie case must be corrected. It is actually 21 months, reflecting an anticipated 4,000 or more judgement-sized pages.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“One appeal judgement is expected to be delivered in 2012, with a further five delivered in 2013, including the two multi-accused cases of Sainovic' et al. and Popovic' et al. I am acutely aware of the requirement of resolution 1966 (2010) that the Tribunals do all in their power to ensure the completion of all cases by December 2014. I would note that this resolution was adopted prior to the arrests of Mladie and Hadzie. All efforts will be made to complete their trials prior to December 2014, but appeals emanating from them will fall under the aegis of the Residual Mechanism.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“I note that the report of President Robinson gives details with respect to all cases currently pending before the Tribunal. My comments in that regard can therefore be brief. The Tribunal continues to work as rapidly as possible, given the constraints imposed by limited resources and the need to ensure the highest standards of procedural fairness. Proceedings are ongoing against 35 persons - 18 at the trial level in seven cases and 17 at the appellate level in six cases. It is anticipated that judgements in six trials will be issued in 2012, with the Karadzie judgement issued during 2014. It is still impossible to predict when judgements will be issued in the cases of Mlaa'ic' and Hadeic', who were recently arrested.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“That corpus of jurisprudence outweighs by far that of Nuremberg. I would also underscore that the Tribunal has made tremendous strides in assisting national judiciaries of the region of the former Yugoslavia through the War Crimes Justice Project and its outreach offices, as well as through its assistance in creating the War Crimes Chamber of Bosnia and Herzegovina. Partly due to the example and assistance of the Tribunal, national judiciaries in the former Yugoslavia are successfully prosecuting war-crimes cases. In that respect, I am pleased to note that the statute of the Residual Mechanism provides for assistance to be given to national judiciaries in response to their requests. Let me now turn to the current state of affairs at the Tribunal.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“In that regard, I am pleased to note that the International Organization for Migration has secured funding to carry out a comprehensive assessment study. Before I turn to the current state of the Tribunal, I believe it is fitting to underscore the significant successes that we have achieved. The recent arrests of indictees Goran HadZie and Ratko Mladie mean that there are no outstanding fugitives. All living persons indicted by the Tribunal have been, or will be, tried in a court of law, either at the Tribunal or in courts of national jurisdictions. With respect to legal doctrine, the greatest achievement of the Tribunal and of its sister court, the International Criminal Tribunal for Rwanda (ICTR), has been their contribution to developing substantive, procedural and evidentiary international criminal law.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Judge Meron: It is a great honour for me to appear before the Security Council today as President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and to do so under the presidency of the Russian Federation. I congratulate Ambassador Churkin for his able management of the Security Council. As the Council may be aware, I assumed the presidency of the Tribunal on 17 November. The report (see S/2011/716) that was submitted to the Council earlier this month details the work of the Tribunal under the leadership of my predecessor Judge Patrick Robinson. I would like to pay tribute to his outstanding achievements, which have significantly strengthened the ICTY. In particular, I would underscore his initiative to establish a victims' trust fund - a plan that has my full support.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“We have to accommodate those arrivals, and we must do so without cutting corners on due process or human rights. I can assure the representative of Japan that we are determined to minimize any encroachment upon the deadlines or the target date established by the Security Council. But I am sure that all of us here are united in the desire to have fair trials, which require time. It is a question of fairness; it cannot only be a question of the calendar. I think I have covered the principal questions.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I know that the representative of Japan, who has been very helpful in making various suggestions on cost efficiency, will be sensitive to that point, namely, that it would simply produce savings. I can assure the representative of Japan that we are very conscious of the goals established by the Council, as well as of our commitments to do our very best to adhere to the goals and to those dates. In every single one of my appearances before the Council, I have spoken to the various factors that cannot be predicted and that will necessarily impact upon the duration of our work. I think that we, including the international community, have been fortunate enough to see an unprecedented 50 per cent increase in the number of fugitives and indictees who have arrived at The Hague.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“We have not yet come to final conclusions on a fourth courtroom; the issue is still before the study group that I mentioned, chaired by my colleague Judge Bonomy. But this is what I would like to say. First, if we decide on a fourth courtroom- and it is entirely possible we will - we would try to find voluntary contributions for the basic construction costs. Of course, there will be some additional costs and a need for additional staff. I do not expect that those will be major costs. In any event, it is quite clear to me that if we go that way, we would do so only if we were quite convinced that there would in fact be very considerable savings in overall expenses as a result of the fact that the life of the Tribunal would, thanks to the fourth courtroom, be shortened by quite a few months.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“In preparation for that stage, the Tribunal may examine such options as proposing that the Appeals Chamber operate through two, or even three, benches of five judges each, drawing on judges who have served at the trial level. In that way, we would be able to double, or even to triple, our capacity to dispose of appeals. I now turn to comments made by the representative of Japan. First, with regard to a fourth courtroom, it is of course true that we are slowly approaching the phasing-down stage in the life of the Tribunal. At the same time, we are an institution that has to maintain full speed, and even go faster, during our final years in order to meet the targets laid down by the Security Council for the completion of our work.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I hope that my appeal today and the reminders by the Security Council will achieve their goal and that between now and 7 July, the new final date fixed by the Council, we will have a great number of very eminent jurists presented. The representative of the United Kingdom raised the question of the number of judges on the Appeals Chamber who will be required to deal with the backlog of cases on appeal. I would like to mention that I already raised that matter in my written report submitted in May. I said then that, in the not-too- distant future, the Tribunal would have to address the matter of speeding up appeals, once it could be foreseen when trial activities would near completion.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Also, being a court that treats the concept of human rights and due process as part of its constitutional system, we are of course anxious to be able to grant provisional release when the requirements under the Rules have been satisfied and when we can be sure that the person will return for trial and will not intimidate witnesses. Those are the guidelines that we find in the rule that I have mentioned, namely, rule 65 of our rules of procedure. The representative of Russia mentioned the fact that, so far, there have not been enough nominations for ad litem judges. I would not like to speculate as to why States have been slow in submitting nominations.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I would like to draw his attention to rule 64 of our Rules of Procedure and Evidence, which states that a Trial Chamber will grant provisional release only after it is satisfied that the accused will appear for trial and if release will not pose a danger to any victim, witness or other person. The Trial Chamber may impose such conditions as are necessary to ensure the presence of the accused for trial and the protection of others. If we have recently granted more provisional releases than in the past, I believe that is, in part, a reflection of the fact that we can place greater trust in the cooperation and guarantees of States in the area.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“(spoke in French) France has always said that the mission of the Tribunal will not be concluded as long as the principal indictees remain at large, and, in particular, as long as Mr. Karadzic, Mr. Mladic, Mr. Gotovina and Mr. Kabuga have not been brought to justice. Indeed, the timetable we have set for the Tribunals cannot lead to impunity by default. I appreciate that comment very much. (spoke in English) Let me now reply briefly to specific questions asked of me by members of the Council. The representative of Romania asked about the policy governing provisional release.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Judge Meron: I should like to start by thanking those representatives who this morning made very helpful comments and suggestions about our work. I thank them in particular for their expressions of appreciation for the work we are doing, for their recognition of the constant improvement in our efficiency, for our contribution to combating impunity, and for the very impressive corpus of jurisprudence that we have created. May I just single out for very special thanks the representative of France, who said, very importantly, that there can be no impunity by default. That is critical. We will try to finish on time, but fugitives should not be allowed to wait us out. I am greatly encouraged by that statement.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“President, and to all the other members of the Council my deep gratitude for your steady support of the Tribunal and of international justice, and for the help you have generously given me in the performance of my duties.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I see the Council's referral - under Chapter VII - of the situation in Darfur to the International Criminal Court as a critical next step in the historic evolution of the anti-impunity principle. The referral underscores the world community's resolute commitment to the principle that the perpetrators of such crimes against humanity will be held to account. It also demonstrates the potential of Chapter VII and its beneficial uses in advancing accountability in all parts of the world. Speaking as a scholar of international humanitarian law, I congratulate the Council on its wise action this spring. Finally, in mid-November, my presidency of the ICTY will come to an end and I will continue as an Appeals Chamber judge. This is thus my last appearance before the Council as Tribunal President. May I take this opportunity to express to you, Mr.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The Council's decisions, taken under Chapter VII, to establish the ad hoc Tribunals in 1993 and 1994 - half a century after Nuremberg - were seminal moments. They led not only to the trial and punishment of senior figures responsible for atrocities in the Balkans and Rwanda, but also to the creation of a whole new corpus of jurisprudence on international criminal law, procedure and evidence - a body of law that will be the historic legacy of the ad hoc Tribunals. Of course, much remains to be done to combat impunity outside the areas covered by the jurisdiction of the ad hoc Tribunals. The Council has the power and the responsibility to do all it can to advance those goals.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“We commit ourselves to redouble our efforts to see that justice is done for victims and accused alike, that due process is honoured and that accused war criminals are not treated with impunity, but rather are afforded a fair trial. With the support of the members of the Council, I am confident that we can succeed in our difficult task in the remaining years of our mandate. I would now like to conclude by making some remarks in my personal capacity. Over the years, the Security Council has played a critical role by using its power and prestige to resist impunity, to establish individual criminal responsibility for perpetrators of atrocities and to impose sanctions on those who violate human rights and humanitarian norms.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Those responsible will bear this stigma, and it will serve as a warning to those who may in future contemplate the commission of such a heinous act." It is a shame that Karadzic and Mladic are still at large, 10 years after Srebrenica. As we approach that commemoration, it is worth emphasizing that it is to the Security Council that the international community, the public and, especially, victims of atrocities turn for leadership and justice for the redress of atrocities. The Tribunal is one manifestation of the Council's commitment to international justice, to the rule of law and to the struggle against impunity, as well as to peace and reconciliation. We are there to carry out the mission that the Council entrusted to us.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“They targeted for extinction the forty thousand Bosnian Muslims living in Srebrenica, a group which was emblematic of the Bosnian Muslims in general. They stripped all the male Muslim prisoners, military and civilian, elderly and young, of their personal belongings and identification, and deliberately and methodically killed them solely on the basis of their identity. The Bosnian Serb forces were aware, when they embarked on this genocidal venture, that the harm they caused would continue to plague the Bosnian Muslims. The Appeals Chamber states unequivocally that the law condemns, in appropriate terms, the deep and lasting injury inflicted, and calls the massacre at Srebrenica by its proper name: genocide.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“This is a matter that we have just begun to explore, and no doubt the President of the Tribunal will return to the Council to discuss this subject once the possibilities have become clearer. We would welcome any comments that members of the Council might have regarding the matter and will count, as always, on the guidance and leadership of the Council as we pursue this question. Before I conclude, let me allude to the approaching tenth anniversary of an atrocity that, in its character and magnitude, was reminiscent of those committed during the Second World War. This July will mark 10 years since the atrocities - the genocide - at Srebrenica. Let me quote the following from the 19 April 2004 Krstic Appeals Chamber judgement: "By seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces committed genocide.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Such an additional courtroom would be very advantageous in my View and would make it possible for us to speed up trials and appeals. The report indicates the advantages to be derived from adding a fourth courtroom. Advantages would arise whether we maintain the existing six trials a day or, even more, if it is decided to allow three additional ad litem judges to serve so that a seventh trial bench could be established to help deal with the backlog. I wish to stress that I would not request that the cost of constructing such a courtroom be borne by the United Nations budget, but would rather approach possible donor countries that would see the long-term advantage of expediting trials and appeals through increased courtroom capacity.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Knowing what we know now, the most I can indicate is that trials will necessarily have to be conducted in 2009 and that they will most likely continue until the end of that year. When the next six- month report is presented, the President of the Tribunal should be able to provide an assessment that is based on more factual predictions. It is hoped that by next November, current and possible rule 11 bis and joinder motions will have been disposed of. Arrivals of additional indictees will provide more data on the caseload and target dates. In addition, the judges will have considered recommendations for speeding up both trials and appeals. Before concluding, I should like to raise another matter mentioned in my report: the possibility of adding a fourth courtroom.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“For example, if the Tribunal's three most notorious fugitives - Karadzic, Mladic, and Gotovina - are arrested in the near future, their cases would extend the time necessary to complete trials by an additional four to seven months, given the possible joinders. As a purely independent matter, if half of the pending and anticipated rule 11 bis motions are denied, the trial completion date would slip an estimated nine months. Further, if one of the large joinder motions - the so-called mega-cases - is denied, it could add another three months to the time required to try them all. Any combination of other contingencies - health- related trial interruptions, guilty pleas, et cetera - could also alter the outcome.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source