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

“The arrival of such a substantial number of accused moves the Tribunal further towards the fulfilment of its mandate: prosecuting those accused of committing war crimes in the former Yugoslavia. Coming to the current estimate, I should preface my remarks with a cautionary word. Any estimates are necessarily tentative, since they can only be based on assumptions subject to unpredictable factors. I would indicate, for instance, that if all possible rule 11 bis motions are granted; if all possible motions for joinder are granted; if no new fugitives arrive; and if no guilty pleas are entered, the Tribunal would complete its current caseload sometime in 2009. But all of those "ifs" indicate that those estimates are based on assumptions that evolving reality will modify.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Of course, such joinders are not a panacea, as additional time would be required to dispose of a given case, but they would clearly save time when compared to having separate trials for each of the accused. As my report indicates, I welcome any such major time-saving tactic that is consistent with due process and the rights of the accused. Allow me to mention another matter of importance. While the arrival of indictees and fugitives obviously complicates our Completion Strategy timetable, it goes without saying that the arrival of alleged war criminals can only be applauded. Persons accused of having committed war crimes must be brought to justice and cannot be allowed to hide, hoping that the Tribunal will close its doors before they are found and arrested.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“While it might be possible to estimate roughly the length of a trial prior to the arrival of an accused, we have to wait until the accused is actually in The Hague to assess a variety of factors- the readiness of both parties to proceed, whether joinder is possible, and the availability of courtrooms and judges to hear the cases. Sixthly, as to the disposition of joinder motions, as I indicated earlier, the Trial Chambers are seized of several motions by the Prosecutor for joinder of cases, and she is considering filing further such motions. Decisions are expected soon on the pending motions. If such motions are granted, there could be trials of up to eight or nine accused.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“We know that their trial will be lengthy and complex, but it is impossible to know how it will impact the timeline of the overall situation without knowing when they will arrive and when the trial could begin for both the Prosecution and defence counsel. Obviously, for purposes of planning and enhancing the prospects of the Tribunal's completing its work sooner rather than later, the earlier they have been apprehended and transferred to The Hague, the better. Fifthly, the timing of the arrivals of remaining indictees and fugitives has a critical influence on the Completion Strategy, but it simply cannot be predicted with any degree of certainty.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Finally, two new arrivals are the subject of a rule 11 bis motion for referral to a competent national jurisdiction. I cannot, of course, predict how Trial Chambers will decide on motions for joinder, or indeed anticipate the Prosecutor's ultimate decision about whether to move for joinders in the first place. Turning to the 10 fugitives who have still not arrived and the impact on the caseload should they arrive, six of the fugitives are on indictments with co- accused already in custody and therefore new, separate trials for them would not be required. Meanwhile, the Prosecutor is considering the suitability of two others for joinder. And the arrival of Karadzic and Mladic would entail a new, joint trial, provided they arrive more or less contemporaneously.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Thirdly, as to the number of guilty pleas, I need only mention that there have been no new guilty pleas since my last report. Fourthly, I wish to refer to the arrival of new indictees and fugitives. With the arrival of 22 new indictees or fugitives, our projections must be adjusted, as I warned in my last report to the Council. As of now, we are working on the assumption that at least ten of the new accused will be the subject of seven new, separate trials. Five trials will involve one individual accused; one will involve two accused; and another, three accused. Of the remaining 12 accused, the Prosecutor has already moved to join three to a pre- existing case. I understand she is also considering moving the joinder of seven accused to another pre- existing case, which would result in a "mega case" of eight or nine accused.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“First, with respect the number of new indictments, as the report indicates, seven new or amended indictments have been submitted since my November report. Five of the indictments will require new, separate trials. For two other cases involving five accused, I understand that the Prosecutor is considering whether to move the joinder of those cases with pre- existing cases. Secondly, with respect to the number of rule ll bis motions for transfer granted, as I have just mentioned, one of the 10 outstanding motions has been granted by the Referral Bench and is currently on appeal. Six others have been the subject of hearings. While it might be anticipated that the Referral Bench will render more decisions by the end of this month, it would be neither possible nor appropriate for me to speculate about the ultimate disposition of those motions.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“In my last assessments, I estimated that, by the end of 2008, the Tribunal could complete the trials of all accused in our custody at that time, including Gotovina if he arrived before 2006, but warned that any further growth of the trial docket would make achieving that target date entirely dependent on some cases being disposed of by guilty pleas. I also added that, if new indictees or fugitives were to arrive and require separate trials, it would become likely to take at least until the end of 2009 to complete the trials of all accused within the custody of the Tribunal. As is evident from the report before the Council now, some of those factors bearing on the implementation of the Strategy have come to pass and others must be addressed. Allow me to take them up one by one.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I have consistently maintained that if the voluntary surrender of accused war criminals is not forthcoming, the international obligation of the States of the region is to arrest and transfer the accused without delay. As I have said many times, the Tribunal will not have fulfilled its historic mission - and it will not close its doors - until Karadzic, Mladic and Gotovina have been arrested, brought to The Hague and tried before the Tribunal in accordance with the full procedural protections recognized by our jurisprudence. I now turn to the updated prognosis regarding implementation of the Completion Strategy.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“During a meeting and in-depth discussion with Prime Minister Kostunica of Serbia and President Tadic of Serbia this March, I strongly encouraged them both to ensure the arrival of the remaining fugitives thought to be in Serbia and Montenegro or Republika Srpska. The largest impediment on that front is the continuing failure to apprehend and render to The Hague Ratko Mladic. Allow me to add that it goes without saying that when and if those three principal fugitives move across borders to avoid apprehension and arrest, the obligation to pursue and arrest them applies in full to the authorities of their temporary se'jour. That also highlights the need for Governments in the region to redouble their efforts to ensure judicial cooperation between their own authorities.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“With regard to Croatia, while cooperation remains good in some areas, it is of major concern that the last remaining stumbling block to achieving full cooperation with the Tribunal is the continuing failure on the part of authorities in Croatia to apprehend Ante Gotovina and render him to The Hague. Concerning Republika Srpska, other than assistance with regard to the arrival of some indictees and fugitives, cooperation remains lacking in other areas, in particular with regard to any serious attempts to locate and arrest such notorious fugitives as Radovan Karadzic and Ratko Mladic. Cooperation has improved with Serbia and Montenegro with regard to the arrival of indictees and fugitives.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The Council will note that the Referral Bench has already held hearings in six other cases, involving 13 accused persons. Future decisions on the Prosecutor's motions to refer cases to competent national jurisdictions are therefore expected in the very near future. In addition, as the Prosecutor points out in her assessments, she is considering filing additional rule ll bis motions for referral. As to the cooperation of States in the region with the Tribunal, as I have already indicated, there has been a dramatic increase in the number of indictees and fugitives transferred to the Tribunal, mostly thanks to the efforts of the authorities of Serbia and Montenegro, sometimes together with authorities of Republika Srpska. The impact of those new arrivals will be addressed later in my statement.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The Government and people of Bosnia and Herzegovina, the High Representative, donor Governments and the international community as a whole have made that possible, and the Tribunal and its staff are pleased to have been central to that endeavour. The report notes that, so far, the Prosecutor has filed 10 motions involving 18 accused persons for such referrals under rule 11 bis of our rules of procedure and evidence. In enclosure V to the report, members of the Council will see that, of those 10 motions, the Referral Bench has granted the motion in one case, referring the case to Bosnia and Herzegovina for proceedings before the Sarajevo War Crimes Chamber. However, that transfer must await the disposition by the Appeals Chamber of filed appeals.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“It provides a unique opportunity for individuals to make a difference in advancing the cause of international justice. I now come to a key component of the completion strategy, namely, the referral of cases involving intermediate and lower-rank accused persons to competent national jurisdictions. I should particularly like to highlight the opening of the War Crimes Chamber of the State Court of Bosnia and Herzegovina on 9 March 2005. After much time and effort devoted to making that event a reality - efforts in which I and my colleagues have been deeply involved - the Sarajevo War Crimes Chamber is now in a position to accept cases that the Tribunal's Referral Bench may decide to refer to the authorities of Bosnia and Herzegovina.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Turning now to ad litem judges, I very much appreciate the adoption by the Council of resolution 1597 (2005), which amended the Statute of the Tribunal to allow for the re-nomination and re-election of ad litem judges. Nonetheless, I am very concerned about the lack of a sufficient number of nominations. That has significantly delayed the election of a sorely needed new roster of ad litem judges. For new trials to be assigned to panels of judges without delay, it is absolutely imperative that the President have at his disposal a roster of distinguished jurists who are willing and able to serve the Tribunal, often on quite short notice, at this critical juncture. I appeal to all States that have not yet submitted nominations to nominate experienced jurists for that important position.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The working group on trials, which is chaired by Judge Bonomy, has been exploring ways to speed up trials by, among other alternatives, finding additional courtroom space and streamlining our pre-trial and trial procedures. Those modalities were the subject of an in-depth and wide- ranging discussion among all the judges just a week ago. The working group on speeding up appeals, which is chaired by Judge Mumba, has focused on the rules governing the admissibility of additional evidence at the appeals stage as well as on the procedures for translating decisions and judgements for appellants, which can have a major impact on the timely disposition of appeals. By the time the plenary of judges meets in July, I expect that both working groups will have presented concrete and actionable recommendations.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“With those critical preliminaries out of the way, allow me to survey the major features of the report, and in particular to emphasize the relevant updates contained therein. With regard to internal measures taken to implement the strategy, we have adopted significant amendments to our rules of procedure and evidence, including one relating to judgement of acquittal - namely, rule 98 bis, which mandates oral rather than written submissions. I am happy to report that that amendment has already had a salutary effect on speeding up out procedures to a few days or a few very short weeks, without sacrificing defendants' due process rights. Before the amendment, rule 98 bis proceedings would likely have taken up several months of the Trial Chambers' time. I have also appointed two working groups of judges for speeding up trials and appeals.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The written report indicates that two judgements have been issued since the last report and predicts that by the end of this November four additional judgements will have been issued in cases involving an additional seven accused persons. That means, of course, that by the end of this year another batch of four cases will begin. The pace is unrelenting. The new report also highlights the fact that 22 new accused persons have arrived at The Hague since the last report was issued, meaning that there are now 50 per cent more people awaiting trial than there were the last time I appeared before the Council. Obviously, that dramatic increase has significant implications for the completion strategy.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Through both the narrative part and the annexes, it is intended to provide the Council with a realistic picture of how the Yugoslavia Tribunal is grappling with the challenge of meeting the goals of the completion strategy. I shall try, in my oral statement, not to repeat the details of the report, but rather to highlight its salient features and to provide the Council with an update of the information provided therein. Since the last report (S/2004/897), submitted in November 2004, the Tribunal's three Trial Chambers and one Appeals Chamber have been working at maximum capacity, with the Trial Chambers handling six cases simultaneously. That means that, on average, six different cases are being tried by different benches of three judges each.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“President, it is with honour and pleasure that I am addressing the Security Council as President of the International Tribunal for the Former Yugoslavia under your presidency. Your country has been a steadfast supporter of the Tribunal, and that, Mr. President, is very much appreciated. This is the third report that I have presented to the Council since the adoption of resolution 1534 2004), which requested the President and Prosecutor of each ad hoc Tribunal to provide the Council with assessments every six months detailing the progress made towards the realization of their respective completion strategies. The written report is now before the Council in document S/2005/343.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“President, as the representative of a country that uses civil law, you are, of course, aware of the gradual development of our rules of procedure, in keeping with an ongoing concern to improve the effectiveness of our procedures without sacrificing the imperative need to safeguard the right of defence. Those changes have in particular transformed the role of judge from that of a neutral arbiter, as it is under common law, to that of a real participant in the procedure, both at the pre-trial preparation stage and during the trial itself. During the discussions which preceded and accompanied that development, French law and judicial practice were often a source of inspiration. (spoke in English) Mr.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“It is always a great honour for me to take the floor before the Council. That is more than ever the case today since it is the French presidency that is guiding the Council's work. Mr. President, your country has left a profound imprint on the history of democracy and is considered to be the homeland of human rights. As President of the International Criminal Tribunal for the Former Yugoslavia, I believe that it is my duty to emphasize that it has also actively helped in setting up and developing the Tribunal and has played a key role in combating impunity. Mr.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Finally, with regard to the Security Council's Working Group to review the operation of the Tribunals, which was mentioned by Germany and Spain, I have had the pleasure of working with the Group twice and I very much look forward to working with it in the future. I am sure that I speak on behalf of the Prosecutor and the Registrar when I say that the Group would be very welcome to hold its meetings in The Hague.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“We are gratified by the acknowledgement of so many members of the Council of the more efficient measures we have adopted and the reforms we have and are continuing to undertake in order to make trials as efficient and as cost-effective as possible, while ensuring that they respect human rights and international due process. I am also very grateful to all the members of the Council for the concern they have expressed about the continuing freeze that has been imposed upon us, the continuation of which can only be disruptive to the goals of the Security Council and the prospects for the completion strategy.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“I would like to assure the Government of France that the leadership of the Tribunal fully shares those views. We have rules of procedure that in fact make the transfer of cases to a particular jurisdiction dependent upon fairness and due process. I would now like to conclude by making a few general comments. First, allow me to say how grateful I am to the permanent members and to the entire Security Council for the overarching message of support for the work we are now doing to try to end impunity, establish the principle of international criminal justice in a very concrete and credible way, and foster justice and reconciliation in the former Yugoslavia. I also heard comments suggesting that the completion strategy should not be an excuse to create an impunity gap. That is very much our belief as well.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Our Registrar is therefore very actively involved in trying to enlarge the circle of States with Whom we have agreements, and I would like to make a personal appeal to Governments to be sympathetic towards those requests and approaches, because we need that. It was the representative of Spain who asked that question, and I would like particularly to salute Spain not only for having such an agreement with us, but for the fact that four convicted persons are now serving their sentences in Spain. We understand the cost; we understand the burden; we understand the sacrifice; and we are extremely grateful. France made the point that the transfer of cases to national jurisdictions should occur only where we can expect fair trials - trials without intimidation or ethnic or religious bias.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“This relates to whether it would not be wise to lift the ban that exists under the current statute on the re-election of ad litem judges. That is a question of policy that is for the Council to consider. Spain also asked for more information regarding States which have concluded - or with which we are in contact concerning - additional agreements on the enforcement of sentences. We now have 10 agreements of that kind with 10 countries. But as the number of people convicted grows as our docket becomes more and more impressive, we need more States to conclude such agreements with us. In this context, we also need more States to conclude agreements with us on the relocation of witnesses. Protection is needed because of the testimony given - sometimes very bravely - during our proceedings.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“As I mentioned in my earlier remarks today, I have already written to the Legal Counsel of the Secretary-General asking him to do what is necessary in order to advance elections of a new group - a new slate - of ad litem judges as early as possible in 2005. I am confident that the Legal Counsel will consider that request soon. In order to avoid disruptions, the mandates of individual ad litem judges who will be involved in trials that will not have been completed by June 2005 will also need to be extended, and the ICTY will be approaching the Security Council in due course to request extensions for individual judges. I would like to draw the attention of the Council to one policy question that is not for the judges but for the Council to decide on.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“I would prefer not to second-guess my judges, but I would like to say that I am quite hopeful that in early 2005 we will see some movement of cases - certainly to the Sarajevo special chamber, but not only there. So we are really on track. The Trial Chamber is also considering those motions that have been submitted, and I am sure we will, equally expeditiously, consider motions to be submitted in the future. The representative of Spain asked what we could do with regard to ad litem judges in order to avoid disruptions to trials. As the Council knows, the mandate of all of the ad litem judges will expire in June 2005.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The leadership of my Tribunal - the Prosecutor, the Registrar and I - have appealed to the Secretary-General to reconsider the freeze. Given the better financial situation, I hope that the freeze will be - as it should be - lifted soon. I was asked by the representative of the Philippines when we can expect cases of intermediate or low-level defendants to be transferred to the area. As I mentioned earlier, six motions presented by the Prosecutor are already before the Trial Chamber, and she told us today that she will be presenting additional motions. Under our rules of procedure, the determination as to whether a case should be sent on for trial to competent national jurisdictions is in the hands of the Trial Chamber.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“During the past few weeks I have spent a lot of my time approaching individual Governments and urging them to pay their debts as soon as possible - right away, if possible. That fund-raising campaign has met with significant success. We have also approached smaller countries, which owe less money to the Tribunal but whose support is, I think, as important morally and politically as that of the major contributors. I am happy to report that in terms of arrears, the financial situation of the Tribunal today is better than it was in, say, mid-November one year ago. I believe that we have reached a stage at which continuing the freeze would cause havoc in the very efficient and very intensive work that we are trying to accomplish in the Tribunal. It would result in much greater expense.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Judge Meron: I would like first to correct one of my earlier comments. Since we have just started the Limaj case at The Hague, there have in the past few days been not four, but five, ongoing trials, in addition to the two cases that are in the judgement-writing stage. I will begin by responding to the questions put by the representative of the Philippines. He asked why the financial problem exists and why the financial freeze continues. The freeze imposed by the Secretariat in, I believe, early May 2004, resulted from the fact that many countries - far too many countries - were in arrears with regard to their past and current budget obligations to the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“I repeat my past call and that of my predecessors for each and every Member State to do its full part to assist the work of the Tribunal. Twenty fugitives remain at large and must be arrested. That number includes Radovan Karadzic, Ratko Mladic and Ante Gotovina. In this regard, I urge the Security Council to be mindful of the risks posed to international justice in seeming to allow fugitives the false hope that they can outrun and outlast the Tribunal. With the end of the Tribunal's life cycle in sight, we must together guard against compromising the legacy of justice, the ending of impunity and reconciliation in the former Yugoslavia.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Our legacy will include an impressive corpus of decisions on substantive international criminal law, humanitarian law, human rights and, just as important, international criminal procedure and evidence. As the ICTY progresses through the most active and productive period of its history, it continues to send a powerful message of responsibility and accountability to the former Yugoslavia and throughout the international community. The Tribunal has demonstrated that international prosecutions and trials of war criminals under human rights and due process are possible and credible. The Tribunal is committed to continuing to improve its methods of work, its rules and its procedures. But the completion strategy will not be allowed to compromise due-process rights of the accused or to create an impunity gap.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“I will keep members of the Council and the membership at large informed of the additional measures to be taken. I have a few concluding words. Despite the vast scope and unprecedented nature of its task, the Tribunal has gone a long way towards achieving the Security Council's goal of ensuring that persons responsible for war crimes, genocide and crimes against humanity must answer for them in public trials that meet the highest standards of international due process. The jurisprudence that the Tribunal has developed in matters of international criminal law and international criminal procedure has already served as an important resource for other war crimes tribunals established under the aegis of the United Nations and will no doubt provide guidance to the International Criminal Court.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“While taking those difficulties into account, I wish to make clear that the Tribunal is fully committed to the completion strategy and will not be complacent as it makes every effort to successfully achieve the goals of the strategy. In this context, the Tribunal has a firm resolve to do its utmost to conclude all trials at the first instance by 2008. I was encouraged by the recognition by members of the General Assembly, when the Assembly took up the ICTY annual report on 15 November 2004, of the measures already taken to increase efficiency and cost-effectiveness at the Tribunal. I should like to inform the Council that the judges have on their agenda additional proposed reforms which, if adopted, would have a real impact on reducing the length of trials while at the same time respecting due process in all respects.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Improved cooperation by Member States and appropriate measures to avoid interruptions due to the expiration of the term of office of ad litem judges in June 2005 would further assist the Tribunal's ability to fulfil the goals of the completion strategy. It should also be mentioned, as I wrote to the Legal Counsel, that it would be helpful for elections of ad litem judges to be held as early as possible in 2005, so as to enable the Tribunal to achieve the most timely and efficient organization of trials possible. I have addressed some of the difficulties in attempting to meet the Tribunal's completion strategy.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“That is a welcome reflection of a strong political will to see the Tribunal succeed, and it provides a salutary example. The freeze must be lifted without further delay if damage to the credibility of international justice and far greater expenses are to be avoided. Secondly, the Tribunal must be able to focus its resources on trying the most senior accused suspected of being most responsible for crimes within the Tribunal's jurisdiction within the time frame of the completion strategy. That requires the development of domestic institutions in the States of the former Yugoslavia capable of receiving eligible cases referred under rule 11 bis. The schedule would also be positively affected in the event that additional accused plead guilty.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Without adequate assistance from legal officers, the time required for the judges of the Tribunal to hear and decide cases will increase dramatically. The current shortage of essential staff throughout the Tribunal may make it impossible to continue courtroom hearings in six trials simultaneously. I have myself been involved, during the past few months, in attempts to persuade Governments to pay their arrears. These efforts have had considerable success. I wish, at this point, to express my sincere appreciation to the Russian Federation and the United States for having paid in full, in the last few months, their assessments for 2004. This means that all five permanent members of the Council have paid their 2004 dues in full.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Moreover, it is impossible to predict delays related to the health of the accused or counsel or other obstacles to the orderly conduct of trials. Various factors bear on the Tribunal's future ability to implement the completion strategy successfully. First, it is absolutely essential that the Tribunal have adequate personnel to stay abreast of its steadily increasing workload. But that basic prerequisite for effective and fair adjudication is seriously threatened by the current hiring freeze, which not only limits the Tribunal's ability to take on new staff to meet its increasing workload but also forbids hiring even to replace essential personnel who leave the Tribunal. It is difficult to overstate the danger that this poses to the mission of the Tribunal.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The new indictments anticipated in the coming weeks, which might result in four new trials, will further diminish the likelihood of meeting the 2008 deadline if they culminate in new arrivals, either arrests or voluntary surrenders. We do not expect any of these new cases to be appropriate for rule 11 bis referral. There may or may not be the possibility of guilty pleas in these cases, but that is a matter between the accused and the Prosecutor. This prediction rests, of course, on certain important assumptions. Following the results of the election of permanent judges on 19 November 2004, we can assume that trials pending in November 2005 will continue uninterrupted. However, the Security Council might be required to extend the mandate of one permanent judge for a few months in order to complete his case.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“At present, we still estimate that - assuming a reasonable rate of granting pending and anticipated 11 bis applications - the Tribunal can complete the trials of all accused currently in custody, including those on provisional release, as well as the trial of Gotovina - provided that he is transferred to The Hague before 2006 and is tried together with Cermak and Markac - before the close of 2008. But any further growth in the trial docket, including the capture of Radovan Karadzic and Ratko Mladic, or the arrest of any of the four Serbian generals indicted in October 2003, would make achievement of the 2008 deadline entirely dependent on the ability to dispose of some pending or future cases other than by a full trial at the Tribunal, whether by guilty pleas or by 11 bis transfers.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Two more additions to the caseload come from the arrests of Ljubisa Beara and Miroslav Bralo, two fugitives who were already under indictment. Beara is accused of playing a leadership role in acts of genocide by the army of Republika Srpska at the Srebrinica enclave. Bralo is accused of perpetrating a series of war crimes including rape, murder and torture while he was a member of the ethnic Croat HVO Jokers in the Lasva valley region of Bosnia and Herzegovina. Both accused have now made their first appearances before the Tribunal. Those new additions to the Tribunal's docket do not require significant revision of the estimate I presented to the Council in May 2004.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The May 2004 Tribunal estimates suggested that we could still complete the trials of those accused who were in custody or on provisional release at that time, as well as the trial, in all probability, of the fugitive Ante Gotovina, before the close of 2008. But I also reported that if new indictees or current fugitives were to arrive at The Hague and require new and separate trials, it would become increasingly unlikely that all accused within the custody of the Tribunal could be tried by the end of 2008. Since my last report to the Security Council, one new indictment has been submitted and confirmed: that of Goran Hadzic. He is accused of, inter alia, perpetrating mass murders and mass deportations in his role as President of the Serbian Autonomous District of Slavonia, Baranja and Western Sirmium. He remains at large.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Rule 28 (a) of the Tribunal's Rules of Procedure and Evidence implements that directive by requiring the Bureau, a body comprising the President and Vice- President of the Tribunal and the presiding judges of the three Trial Chambers, to confirm that every new indictment submitted by the Prosecutor concentrates on one or more of the most senior leaders suspected of being most responsible for crimes within the jurisdiction of the Tribunal. Up to now, the Bureau has determined under rule 28 (a) that recent indictments have all satisfied the seniority criterion. I turn now to the question of our current standing vis-a-vis the completion strategy schedule.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“I agree with the Prosecutor that the general cooperation of that State with the Tribunal, especially with regard to taking measures against the intimidation of witnesses and against the pressuring of judges and prosecutors, is particularly important. Thirdly, the Tribunal will need to continue to follow Security Council resolution 1534 (2004), in paragraph 5 of which the Council called on the Tribunal, "' in reviewing and confirming any new indictments, to ensure that any such indictments concentrate on the most senior leaders suspected of being most responsible for crimes within the [Tribunal's] jurisdiction".”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“There has been no serious effort by the Republika Srpska authorities to locate and arrest fugitives, and the issue of missing and possibly hidden documentation is still not resolved. Croatia's cooperation with the Tribunal is good in all domains except for the arrest of Ante Gotovina, the sole remaining fugitive from justice from Croatia. The need to arrest Gotovina and deliver him up to The Hague continues to be an issue of the highest importance, and one that should have been resolved a long time ago. As for Serbia and Montenegro, despite the recent transfer of Ljubisa Beara and some progress on the granting of waivers for witnesses to be authorized to testify, the ICTY remains gravely concerned over that Government's lack of cooperation, in particular its unwillingness to arrest fugitives.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The aim of the visit was to facilitate the transfer of knowledge and experience from the practice of the Tribunal and to establish channels of communication between the Special Court and the Tribunal. Upon the request of the Prosecutor, a Trial Chamber is considering the transfer of one case to Serbia and Montenegro. A second critical factor affecting the Tribunal's ability to adhere to the completion strategy is the degree of cooperation from States of the former Yugoslavia. At the moment, there is wide variation in the several States' willingness to cooperate with the Tribunal. While the cooperation of Bosnia and Herzegovina with the Tribunal remains very good in all areas, there is no cooperation on the part of Republika Srpska.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“I have been advised by the Organization for Security and Cooperation in Europe (OSCE) mission to Croatia, in a letter dated 12 November 2004, that a limited number of transferred cases could likely be dealt with adequately by a limited number of courts in Croatia, but that the transfer of any significant number of cases from the ICTY to Croatia could overburden the Croatian judiciary, given its present capacity. The Tribunal has also hosted a week-long visit, organized by the United Nations Development Programme, of seven judges from the newly established Department for War Crimes of the Belgrade district court, commonly known as the Special Court for War Crimes. That court is developing important capability.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The seminars focused on the jurisprudence of the Tribunal and on international humanitarian law, with the aim of strengthening the familiarity of Croatian judges and prosecutors with those subjects and of improving their ability to try serious violations of international humanitarian law. During my first official visit to Croatia, in early November 2004, I was impressed by the professionalism of the Supreme Court of Croatia and of the county court in Zagreb. I am optimistic about their growing capability to try war crimes cases according to international human rights and due process standards.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source