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

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  1. “I must say that it would not be appropriate for the Council to go into great detail in such directives, because such directives should not encroach upon on the prosecutorial independence of the Prosecutor. In other words, broad guidelines, yes; specific guidelines that encroach on her prosecutorial independence, no. Having finished with the specific questions, there is only one concluding point I would like to make, and I apologize if I have forgotten some questions. Several representatives, and especially the representatives of Cameroon and, in a way, of Guinea, asked questions that have a bearing upon our strategy for eventually concluding our work.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  2. “He referred specifically to the Council's expectation in its resolution 1503 (2003) that the Prosecutor would complete all investigations by the end of 2004 by concentrating on the prosecution and trial of the most senior leaders suspected. That is a directive that the Council gave to the Tribunal and, more specifically in this case, to the Prosecutor. Those directions are the Council's directives; hence it is the responsibility of the Council and of the Prosecutor to interpret them in good faith. The interpretation of these directives is not, according to resolution 1503 (2003), an appropriate judicial function. That is why I said that this is a matter between the Prosecutor and the Security Council. But let me add one word here. It is entirely appropriate for the Security Council to define such broad goals and directives.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  3. “Moreover, bodies that we already have, such as the Rules Committee and the Coordination Committee - which, as you know, brings together the President, the Registrar and the Prosecutor * deal with these questions on a daily basis. There is practically no day when I do not meet with my staff to look at the results of those Committees and try to resolve immediate problems that have arisen. I regard this as my personal responsibility and not only the responsibility of the institution. We will continue working very hard on this. The United Kingdom delegate asked me to clarify a statement I made regarding a certain matter between the Council and the Prosecutor.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  4. “We in the Tribunal have been sending regularly to States in the area our comments about how to improve their proposed drafts, and we will continue to do so. The delegate of France asked whether we have established specific mechanisms to follow implementation of the completion strategy on a regular basis. I would like to assure him that we are very much aware of the need to go that way, and indeed we have already established a number of committees whose principle obligation is to deal with this question. Those committees include bodies charged with the short-term and long-term planning of cases and also long-term forecasts of how quickly, and with what difficulties, we will move forward in implementing our policy of completion strategy.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  5. “As the situation in the former Yugoslavia becomes more normalized, we will be - and I am sure the Prosecutor will agree with what I am saying - reviewing our figures and data and perhaps identifying, in due course, additional candidates for transfer. The representative of Russia asked a related question about our work in encouraging further development of judicial systems in the area in order to allow for additional transfers. I would like to assure him that we are working on that very seriously and consistently. The ICTY is only one of the international institutions involved in legal assistance to the countries of the area. For example, when Serbia and Montenegro recently adopted its war crimes code, it was aided very significantly by the Organization for Security and Cooperation in Europe (OSCE) and by the International Bar Association.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  6. “As far as I know, Zagreb does not have a special chamber, but in Croatia there has been quite significant development of a law on war crimes. The absence of a special chamber should not lead us to conclude that devolution or transfer would not be possible in appropriate circumstances. One thing which must be made clear, as the Prosecutor has, I believe, correctly pointed out, is that people who are covered by the existing indictments that she and I referred to are the senior cases. Those are cases of such seniority that they would not be appropriate for transfer to local jurisdictions. Those cases would create too many pressures on the local social and political environment. However, having said that, I would like to reassure the Council that we are keeping this question under constant review.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  7. “As I have already pointed out, I myself visited the venue of the new Special Chamber in Belgrade. I believe that Chamber will have quite a few candidates for trials who are in the territory of Serbia. I do not believe that they will lack work; they are already beginning. I believe the Prosecutor has given us today some extremely useful information on page 2 of her statement, where she speaks of the cases of 62 suspects whom the ICTY does not intend to indict and who presumably would never be transferred to The Hague. Those cases are intended for investigation and prosecution in the various States of the former Yugoslavia. As you see, she gives us facts and figures on those transfers that I find very useful.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  8. “Let me start by saying that I, and I believe very many of my colleagues who are judges, believe that war crimes trials have the greatest resonance when they take place close to the area where crimes have been committed, close to the places of residence of the victims. That is certainly something all of us would like to encourage. But, as the Ambassador of Germany pointed out, there are conditions for this devolution or transfer. Basically, we must be satisfied that the courts in a particular area or State conform fully to international due process and human rights. We will not cooperate with the transfer of cases to jurisdictions which might be tainted by ethnic, religious or national bias. But I believe that we are moving forward on all of those requirements in the States concerned. Let me now say specifically a few words about Belgrade.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  9. “Judge Meron: I shall try to be brief, and it is indeed my intention to group questions together. Let me start briefly by expressing my gratitude to the members of the Council for their interest in the subject that is so important to all of us - international justice in the former Yugoslavia. I find your questions important and will try to answer them briefly and as well as I can. The first question I will address was asked by the Ambassador of Germany regarding the prospect for transfer or devolution of cases - going beyond the Sarajevo Chamber, which we discussed yesterday and today - in other words, to Belgrade and Zagreb.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  10. “Transferring to the people of Bosnia and Herzegovina themselves the responsibility for prosecuting war crimes committed in their territory can play an absolutely essential role in advancing that country's reconstruction and integration into the international community and Europe. A tremendous amount of work remains to be done before the Chamber is up and running. The work runs the gamut from the construction and renovation of buildings to house the Chamber, to the enactment of laws, rules and regulations, to the hiring of local and international judges and prosecutors, to the establishment of mechanisms for the transfer of evidence and defendants. The international community must fully engage in this task if an imaginative blueprint is to be turned into a vital reality. I appeal to Council members to support the project warmly.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  11. “The establishment of a specialized War Crimes Chamber that will include international judges in its early years offers the best chance for rendering justice expeditiously and thus advancing the process of reconciliation in a timely way. The possibility of internationally credible war crimes prosecutions in entity or cantonal courts, unfortunately, cannot be contemplated as yet. The establishment and the success of the War Crimes Chamber can play a crucial role in demonstrating the international community's commitment to ensuring justice in Bosnia and Herzegovina. It can contribute powerfully to the solid growth of the rule of law.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  12. “Despite the gradual re-establishment of democratic institutions and the return of peace to the country, the local courts still suffer from significant structural difficulties, as well as from lack of cooperation between the entities; political pressures brought to bear on judges and prosecutors; the often mono-ethnic composition of the local courts; ethic bias; difficulties protecting victims and witnesses effectively; and lack of adequate training of court personnel. While the OHR has initiated far-reaching and extremely important reforms of the judicial system, the process of reform will not be completed for several years.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  13. “The War Crimes Chamber will make a powerful contribution to the overall efforts of the OHR to establish a firm foundation for the rule of law in the national institutions of Bosnia and Herzegovina. The experience local prosecutors and judges gain in the War Crimes Chamber will carry over to their work in other areas of law enforcement. Thirdly, the War Crimes Chamber will ensure that the prosecution of war criminals takes place in Bosnia and Herzegovina in an efficient and fair manner, and in accordance with internationally recognized standards of due process. At present, unfortunately, we cannot rely exclusively on the existing institutions in Bosnia and Herzegovina.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  14. “Within this overall completion strategy, the establishment of an orderly process for transferring certain cases from the ICTY to a judicial institution of an emerging Bosnian Government will play a vital role. Winding up the work of the ICTY in a reasoned and timely fashion will itself contribute to the process of reconstruction and reconciliation in the region. That orderly completion strategy will form an essential element in the legacy the Tribunal will leave to the international community's historic effort to bring accountability for those who commit terrible atrocities. Secondly, as Lord Ashdown has indicated, the establishment of the War Crimes Chamber will contribute directly to the realization of the OHR Mission Implementation Plan.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  15. “First, from the perspective of the ICTY, the creation of the War Crimes Chamber will serve, as the Security Council recognized in resolution 1503, as "an essential prerequisite" for the success of the ICTY's completion strategy, its plan to complete its mission within the time-frame indicated by the Security Council. That completion strategy has a number of components, including focusing the work of the Tribunal more tightly on the prosecution of the most senior leaders suspected or accused of being most responsible for crimes within the ICTY jurisdiction and enacting a series of internal procedural reforms designed to improve the efficiency of the Tribunal's proceedings. Some of those reforms have already been adopted. Others will soon be.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  16. “Those groups, staffed by representatives from the OHR, the ICTY, relevant departments of the Bosnia and Herzegovina Government and interested groups such as the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe and the European Union Police Mission, will address such issues as rules of procedure and evidence, witness protection, investigations, detention and transfer of cases and evidence from the ICTY. The Sarajevo War Crimes Chamber will serve several important functions and will make a crucial contribution to the achievement of important goals of the international community.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  17. “I am grateful as well that the Security Council added its imprimatur to the War Crimes Chamber in resolution 1503 of the 28 August 2003, called for its "expeditious establishment" and urged the donor community to support the project financially. We are now moving from plans to action. Later this month, the ICTY will host an OHR donors conference in the Tribunal at The Hague. That conference, which builds on earlier meetings in Sarajevo, should put in place the War Crimes Chamber's financial foundation - the foundation which, as Lord Ashdown has explained, is absolutely essential for the success of this project. Once that foundation is laid, a series of working groups will be created to address many of the detailed policies needed to get the War Crimes Chamber running.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  18. “The creation of the War Crimes Chamber in Sarajevo, as members know, has been a joint initiative of the Office of the High Representative (OHR) and the International Criminal Tribunal for the Former Yugoslavia (ICTY). This past February, my predecessor, as President of the ICTY, Claude Jorda of France, and Lord Ashdown's Principal Deputy, Bernard Fassier, initialled a joint proposal outlining the structure and the financing of the War Crimes Chamber. I twice had the honour to address the steering board of the Peace Implementation Council (PIC) about the proposal, and I am grateful that the PIC steering board endorsed the project in June.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source

  19. “Judge Meron: It is a great honour for me to address the Council today. The honour is magnified because I come before the Council in the company of Lord Ashdown. For many years now, Lord Ashdown has been a tireless and resourceful servant of the international community. I pay tribute to his wisdom, dedication, commitment and skill. The Council has heard from Lord Ashdown about several aspects of his work in Bosnia and Herzegovina during the past year. I am here to add a few words of support and elaboration on one aspect of that work - the establishment of a special War Crimes Chamber within the State Court of Bosnia and Herzegovina.”

    2003-10-08 · UN Security Council · Security Council, S/PV.4837 (2003) · source