YouSaid · the spoken record

Judge Pocar

lines on the record: 162
first: 2005-12-15
most recent: 2008-06-04
sittings or episodes: 6
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

“I wish to express my deep gratitude to the Security Council and its member States for the support they have always provided to the Tribunal and to me personally during the term of my presidency, which will expire before the next meeting of the Council on this matter. It was indeed an honour and a fascinating experience for me to participate in the Council's meetings dealing with its endeavours to establish and foster international criminal justice. Be assured that I will keep in mind everything that I learned from my participation in the activities of this high-level body and will continue to be guided by its wise comments in my daily activities in the Tribunal and perhaps elsewhere.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Referrals are also connected with capacity- building for national judiciaries, and I appreciate the positive comments that have been made on our efforts to establish a strong partnership with domestic judiciaries in order that the legacy of the Tribunal be preserved through continued domestic prosecution of the crimes. We are encouraged by those positive comments, and we will continue to work in that direction together with the relevant international organizations. Allow me to conclude on a more personal note. Today may be, most likely, my last appearance before the Security Council in my capacity as President of the ICTY.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“While we agree that referring cases is an important tool to conclude our work, I wish to stress that that is constantly the object of careful judicial decisions. We must take into account various factors, including respect for the principles of due process and fair trial when the cases are dealt with in the region, and also the decisions made by the Security Council when authorizing the referral of cases to the region. The Tribunal has been authorized to refer to the region only intermediate and low-rank accused, and we stick to that decision of our parent body. Now, we have very few cases that have not started yet, including those of the fugitives, and it is my understanding that it is the position of the Security Council that those fugitives should, when they come, be tried by our Tribunal and not be referred to domestic jurisdictions.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Judge Pocar: I wish to thank all the members of the Security Council for the support shown for the activities of the International Criminal Tribunal for the Former Yugoslavia (ICTY). I have taken due note of all their comments and will take them into account in our deliberations in The Hague. Let me reiterate our commitment to concluding the work of the ICTY as speedily as possible, respecting, of course, at the same time, the principle of fair trial and due process, without which international justice would be meaningless. Council members' concerns on the completion of the work have been taken into account and we will be guided by those concerns in our actions. I would like, however, to clarify one issue that has been raised concerning the referral of cases.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“The Council's continued support to the domestic judiciaries is crucial to ensuring that the rule oflaw is embedded in those societies.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“In 1993, the proposal to establish an international criminal jurisdiction to enforce international criminal law would have remained mere wishful legal thinking without the decisiveness of the Council. By the same token, we will not be able to fully accomplish our mission without the Council's continued support. The success of the Tribunal's work is not only crucial for peace and security in the former Yugoslavia; it will also set the stage for all present and future international criminal justice endeavours. I ask members to help ensure that the Tribunal will be provided with all support necessary to successfully fulfil its mandate and that they intensify their support to the region of the former Yugoslavia so that the justice systems of the countries concerned can continue the work started by the Tribunal.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“We are also, in conjunction with the Organization for Security and Cooperation in Europe, assessing the impact of our outreach activities and training programmes with a View to identifying best practices and what remains to be achieved to guarantee the Tribunal's lasting impact on the work of domestic courts in the region of the former Yugoslavia. Our goal is to ensure that the legacy of the International Tribunal will be secured not only through proceedings carried out by domestic courts in the region, but worldwide by the courts and in the jurisprudence of all Member States. That is an integral part of the idea that, while the institution of the ICTY in its narrow understanding is completing its work, our mandate will in fact be continued by domestic actors, in particular in the former Yugoslavia.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“We are very much looking forward to further discussions with a view to ensuring the adoption of the most effective and appropriate residual mechanisms. Since my last presentation before the Council, we have also initiated a number of projects in collaboration with like-minded institutions. The objective pursued is to ensure that our methods, our practices and our case law will be fully accessible to future international courts and for the transfer of war crimes cases to domestic jurisdictions. With the assistance of the United Nations Interregional Crime and Justice Research Institute, we are putting together a compilation of our best practices that will cover all stages of the criminal process from investigations to the enforcement of sentences.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“It also entails the provision of assistance in all aspects of ongoing proceedings before the Tribunal, and there have been recent cases in which States have failed to fulfil that obligation. I must, in 08-36538 that respect, express my disappointment at the failure of Serbia to provide adequate and diligent assistance in serving a summons for a key witness in one of our ongoing trials. Allow me finally to turn to the initiatives that we are taking with respect to our legacy and to ongoing discussions on residual mechanisms. As regards the latter, we submitted our final report on residual mechanisms in September 2007. Since then, we have met with the Security Council working group and have provided several clarifications in response to questions from working group members.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“The International Tribunal shall not close its doors before all of those fugitives are tried, and the Security Council should make clear that the trial of those fugitives by the international community does not hinge upon the International Tribunal's proposed completion strategy dates. I therefore urge the international community to honour its responsibility to cooperate with the Tribunal and find those fugitives so that they will face justice. That is a legal obligation under the Tribunal's statute, which binds all States Members of the United Nations. It reflects the principle embraced by the Security Council 15 years ago that the impunity of those responsible for the most serious international crimes cannot be tolerated. I must also emphasize that the duty to cooperate goes well beyond the arrest of the remaining fugitives.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Such efforts remain crucial to the development of a society based on the rule of law in the former Yugoslavia and to ensuring a return on the significant investment that the international community has made thus far. One of the fundamental values reflected in the international community's decision to create the International Tribunal was the quest for justice and the fight against impunity. In that respect, I must once again reiterate that we will not have fully achieved our goal of rendering justice if the four remaining fugitives - Karadzic, Mladic, Zupljanin and Hadzic - are not arrested.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“In that perspective, one should in fact View the so-called completion strategy as a strategy devised to allow the continuation by domestic actors of those activities that were initiated by the ICTY, as mandated by the Security Council. In other words, the international community's failure to support the institutions that are key to the development of the rule of law in the region will seriously undermine the Tribunal's legacy. It will also in effect diminish the impact of Member States' significant financial investment in international justice made through their contributions to the budget of the Tribunal. I therefore urge the international community to bolster its support for criminal justice institutions in the region.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“During my visit to Bosnia and Herzegovina, various actors voiced concern about their impending departure, including victims' groups, which indicated that it would have a detrimental impact on the willingness of witnesses to testify. I therefore urge the international community to support an extension of the mandates of the international members of the State Court and of the Prosecutor's Office of Bosnia and Herzegovina. As I have often recalled, the Tribunal was never expected to try all persons responsible for the atrocities committed during the conflict, and there are in fact thousands of war crimes cases pending before and 08-36538 being processed by the courts of Bosnia and Herzegovina alone.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“I continue to be gravely concerned about the lack of progress made by the relevant authorities in apprehending Stankovic and in prosecuting those who assisted in his escape at all levels. I also must convey to the Council that there is a real urgency in the need to improve the security of prison facilities in Bosnia and Herzegovina and throughout the region. Finally, I take this opportunity to raise with the Council the issue of the presence of international staff in the State Court and Prosecutor's Office of Bosnia and Herzegovina. According to current arrangements, the mandate of that international staff will terminate at the end of 2009.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“There are still extreme needs with respect to detention facilities and the training of prison and police officers, for instance. I do not have to highlight the importance of enforcing sentences in a criminal justice system. Yet, less than two months after being convicted of the systematic rape, torture and enslavement of women and underage girls and sentenced to 20 years imprisonment, Radovan Stankovic, whose case was referred by the Tribunal to Bosnia and Herzegovina pursuant to Rule ll bis, was able to escape from the Foca prison. A year later, he has not yet been apprehended. That is not only a stain on the reputation of the authorities of the Republika Srpska responsible; it also shows the scale of the problems we are facing.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Rule 75(H) of the Rules now allows judges and parties in other jurisdictions to directly petition the International Tribunal for access to confidential material. That is another demonstration of our commitment to ensuring that those courts have adequate tools at their disposal to pursue justice for the Victims of serious international crimes. I must point out, however, that such progress remains extremely fragile. Cooperation between States of the region in the investigation and prosecution of alleged war criminals, such as the extradition of nationals who are alleged war criminals to another jurisdiction, is still problematic. On my visit to Bosnia and Herzegovina a few weeks ago, I saw for myself the extent of what remains to be done.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“It is undeniable that the fact that the Tribunal has been able to refer 13 accused to domestic courts in the region is a clear sign of the progress achieved Since 1993. Currently, 10 accused have been transferred to Bosnia and Herzegovina, two accused have been transferred to the authorities of Croatia, and one accused has been transferred to Serbia. The War Crimes Section of the Court of Bosnia and Herzegovina has completed two cases, one is at the appeals stage and three trials are ongoing. At this point, we are still assessing the quality and effectiveness of those proceedings. We have also adopted amendments to our Rules of Procedure and Evidence in order to reinforce our partnership with domestic courts, in particular the courts in the former Yugoslavia.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“The involvement of the international community in the resolution of the conflict and the decision to create the International Tribunal remain one of the shining examples of the international community's coming together and acting decisively. Too often, however, interest wanes once a country or region is not in the headlines anymore, and as years go by, political and financial support from international actors dries up. That often proves to be a fatal miscalculation and jeopardizes the slow and fragile progress accomplished towards reconciliation and the development of a society based on the rule of law. That is the scenario that we are currently facing in the former Yugoslavia.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“A positive resolution of the legal entitlement of the judges to receive full parity with the judges of the International Court of Justice is also called for. That principle is provided for under our Statute, which was adopted by the Council, and the independent consultant's study commissioned by the Secretary- General recommended a rectification of the current situation. I therefore again ask the Council to actively support measures to ensure the retention of our best staff and to address the inequality suffered by judges in the assessment of their pension benefits. The Council will remember that, when the Tribunal was established in 1993, the conflict in the former Yugoslavia was still raging.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“However, while we have clearly been continuing to make headway, and our achievement has surpassed by far that of any other international or hybrid court, I must emphasize that a number of challenges remain, and we clearly need the Council's help and support in order to address them. One of these hurdles concerns the status and benefits of the staff and judges of the Tribunal. Once again, I must state the obvious. Without these highly skilled and experienced people and their continued commitment to our institution, it will be far more difficult for the Tribunal to successfully fulfil its mandate. At this juncture, we need additional support from the Security Council and States Members of the 3 United Nations in developing other incentives to retain our best staff until we complete our work.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“In order to carefully assess the impact of these measures and consider new creative approaches for the expeditious conduct of trial and appeal proceedings, I decided last April to reconstitute the Working Groups on Speeding up Trials and on Speeding up Appeals. We are also very grateful to the Council for the adoption of resolution 1800 (2008), which authorizes the assignment of up to four additional ad litem judges for the period until December 2008. This measure allowed us to commence new trials and make maximum use of permanent judges as well. Ad litem judges have taken on an onerous workload to ensure the expeditious conclusion of our mandate, and they make an outstanding contribution to the Tribunal's mission.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Out of the 161 individuals indicted, 113 have had their proceedings terminated, and we expect that, by the end of 2009, all but three of the International Tribunal's pending trials will be completed. The remaining cases include those of the two accused who were arrested only last year. Had these fugitives been arrested at an earlier time, their cases could have been joined to the ongoing multi-accused trials, and we would have had almost all of our cases completed by 2009. I should add that, while there is much that we have accomplished to expedite our cases, procedures can always be improved further. As Council members know, in the past few years we have adopted and implemented numerous measures in that regard, which are presented in the report.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“During these years, we also embarked on a long- haul effort to streamline our procedures, with a view to completing our mandate and ensuring compliance with the right of the accused to a fair and expeditious trial, one of the most fundamental components of due process. The result is that we are now able to simultaneously conduct eight trials involving 28 accused, the highest number since the Tribunal's inception. Seven appeals from judgement are pending, 08-36538 while only six accused are awaiting trial, and the trials of three of these accused will start in July and another one in October. Thus, except for the two accused Tolimir and Djordjevic, who were arrested in 2007 only, all of our trials will have commenced before the end of the year. All other cases have been completed.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“As in 1993, the decisions we make now will be crucial to the enduring success of international criminal justice. Over the past 15 years, the Tribunal's jurisprudence has contributed to the exponential development of international criminal law and has in fact led to the creation of an entirely new body of international law, namely, international criminal procedure. Our jurisprudence is now widely used by other criminal jurisdictions, international, mixed and domestic. We have trained an entire generation of lawyers and judicial staff and developed new standards, practice and methodologies for the management of international criminal jurisdictions and of complex war crimes cases.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“In my address to the Council today, I want to reflect on the profound significance of the International Tribunals' mandates and on what lies ahead for all of us who care about the future and the lasting strength of international justice. Fifteen years ago, the Security Council changed the course of history by creating the first truly international criminal jurisdiction. Aside from its revolutionary character in political and legal terms, this decision was fundamental. In depth, it expressed the international community's commitment to the deeply held and universal values of human dignity, justice and the rule of law. We - and by that I mean not only the International Tribunal but also the international community that established it - are now at a crossroads.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“Judge Pocar: I am honoured to present before the Security Council the ninth report of the President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), in accordance with Security Council resolution 1534 (2004). Before making my 08-36538 remarks, I want to express on behalf of the Tribunal our deep gratitude for the crucial support for our work that has been provided by the United States. As we come closer to fulfilling our mandate, and in a climate of Tribunal fatigue, we more than ever need the continued backing of your country, Sir, as well as that of other members of the Security Council, so that we can fully and successfully achieve our mission.”
2008-06-04 · UN Security Council · Security Council, S/PV.5904 (2008) · source
“This approach would also allow for the speeding up of the end of the trials and a greater respect for the deadlines of the completion strategies. I hope this has clarified this point. To conclude, allow me to also express my appreciation for all the comments that have been made by the members of the Council on the subject of capacity-building for national jurisdictions, an activity that the Tribunal has carried out in these last years in trying to establish a partnership with domestic courts and to work more closely with them. We believe that the real legacy of the Tribunal will be, on the one hand, in the assessing of international humanitarian law, as far as individuals responsibility and its observance is concerned and, on the other, in the continuation of the domestic courts after the Tribunal will have closed its doors.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“They could then work at least until the judgments are rendered. We will respect the limit on the number of judges when, a few months later, the judgment to be written will be rendered. Thus, this is a temporary measure to go beyond the quota of 12 ad litem judges to allow for the starting of a new trial. This would be possible because we would have a courtroom available, since, when the trial comes to the drafting of the judgment, no courtroom is needed. May I recall that there already exists a precedent in this regard? In 2005, a newly-elected permanent judge was appointed two months earlier and then, for two months, we had an additional permanent judge in order to allow the timely start of a new trial.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“We are now facing a situation in the next month whereby we could start a new trial, if we only had the judges to start it. This is due to the fact that the ad litem judges we currently have will have to remain until the end of their trials and the writing of their judgments. I cannot ask the Secretary-General to appoint a new ad litem judge until these leave, because the quota for the judges is currently complete. I cannot put an ad litem judge on this case because his or her non-renewable three-year term will expire four, five or six months later. So, I have to wait until the judgments are rendered before appointing new ad litem judges. Thus, I propose that the Security Council allow the Tribunal to authorize the appointment of additional ad litem judges on a temporary basis, so that we can start a new trial.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Judge Pocar: Let me first thank all the members of the Council for the support and appreciation for the work done so far in trying to meet the deadlines that the Tribunal and the Security Council set, as early as 2000-2001, for the completion of the Tribunal's work. The commitment of the Security Council to support the Tribunal until the work is completed in its entirety is of the utmost value for us. As the Council members know, the Tribunal has shown its commitment to accelerate as much as possible its work, and we continue to explore all possible, new avenues and to use all measures available to make full use of resources in this respect. In this context, let me come to the question that you, Mr. President, asked me to clarify.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“It is now for the Council to renew its support for the Tribunal's mission and to the successful completion of its work. I thank the Council for the attention and the time that it has given to me today.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Obviously, the real measure of its success lies in the invaluable precedent it has set for the enforcement of international humanitarian law and the contribution it has made to the restoration of peace and stability in the former Yugoslavia. Indeed, after having developed and expanded international humanitarian law, it was essential for the international community to see those norms enforced and to affirm that those responsible for serious violations of international humanitarian law would not enjoy impunity. The Tribunal has clearly demonstrated that international justice can be efficient without sacrificing due process standards. In the last two years, we have constantly developed creative approaches that have proved particularly effective in meeting those goals, as well as completion strategy objectives.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Another option would be to appoint additional ad litem judges, thereby temporarily increasing the number of ad litem judges above 12. The number of ad litem judges would return to 12, as provided under the Statute, as soon as the first multi- accused trial is completed, which is foreseen for September 2008. Should the Security Council decide to consider either of those two options, I would be able to provide a chart reflecting their impact on the schedule of trials. In conclusion, I must emphasize that the success of the Tribunal's legacy cannot be measured only by the judgements it has issued or by the number of trials and appeals completed.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Two more cases currently at trial will successively move to the drafting phase, enabling us to start an additional trial in February or March 2008. We currently have the necessary staffing resources to support such a level of trial activity, including the additional trial. But, as far as judges are concerned, one permanent judge, who expects to deliver a judgement in December of this year, would be available to start a new case and could finalize the pre-trial phase of that case by early 2008. At that point two solutions could be envisaged with respect to ad litem judges, both of which would require the Council's intervention. On one hand, the statutory three-year term of current ad litem judges who would accept to sit in a new trial could be extended for the time required to complete it.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“If those fugitives are arrested now, some, but not all of them, may be eligible for joinder with pending proceedings. However, any delays in their arrest will necessarily result in separate trials, which will cause additional adjustments to the currently projected completion strategy deadlines. I should add that we have already considered the conditions that would allow us to limit, to the greatest extent possible, the impact of late arrests on projected deadlines and to maintain the same level of productivity during most of 2008 and 2009. One such condition has actually already been met. One of the ongoing trials will enter the judgement-drafting phase by the end of January 2008, earlier than expected, thereby creating courtroom availability.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“In presenting the report to the Council today, I have noted some of the results achieved in terms of efficiency, which has not come at the expense of upholding fundamental due process standards. The slippage in previously projected completion dates has occurred for reasons out of our control, that is, the late arrest of the two fugitives recently transferred to the Tribunal at a time when their case could no longer be joined with other pending proceedings. One year ago, I urged the Security Council to take action to arrest immediately the remaining fugitives and warned that any delays in that regard would seriously undermine the Tribunal's ability to meet projected completion strategy dates. The failure to arrest the remaining four fugitives will inevitably lead to further delays.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“With respect to the question of the International Tribunal's residual mechanisms that will have to remain in place after all trials and appeals on the International Tribunal's docket are completed, let me give the Council the following update. Two joint reports were submitted by the Tribunal and the ICTR, in December 2006 and April 2007, respectively. After receiving comments from Member States, we submitted a final report to the Office of Legal Affairs in September 2007, and are pursuing our work with the Security Council Working Group on the International Tribunals on that matter. Finally, I wish to underscore that the International Tribunal's commitment to meeting completion strategy deadlines has remained steadfast.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“It is undeniable that the fact that two fugitives, Tolimir and Bordevic', were recently arrested and transferred to the International Tribunal for trial is a very encouraging development. However, I must still regretfully note the failure to secure the arrest and transfer of the four remaining high-level fugitives, namely, Karadiic', Mladie, Zuplijanin, and Hadzie. At this point the necessity of full cooperation by States has reached a critical stage. I must therefore restate that the Tribunal should not close its doors before those fugitives are arrested and tried. I also reiterate my call to all States to do all within their power to ensure the arrest of those fugitives immediately.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Tribunal recently took the initiative to strengthen cooperation and facilitate the work of our domestic counterparts, especially in the former Yugoslavia, through the adoption of an amendment to rule 75 of the Rules of Procedure and Evidence that allows judicial authorities in other jurisdictions or parties duly authorized by an appropriate judicial authority to petition the Tribunal directly for access to confidential material. The timeliness of that amendment was evidenced by the fact that, shortly after its adoption, judicial authorities in Bosnia quickly petitioned the International Tribunal for such access, thereby further reinforcing our existing partnership. Turning to the question of State cooperation, I must report that there has been some progress in that area.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“I must, however, emphasize that, in order for our completion strategy to succeed and for local judiciaries to carry on the legacy of the International Tribunal, it is Vital that the international community maintain its support for capacity-building of judicial institutions in the region. A lot of work remains to be done if those courts are to successfully continue the mission of the Tribunal in the future. By way of illustration, there is a desperate need to ensure adequate detention facilities for remand and convicted accused. Much also remains to be done in the training of police and prison officers on due process and human rights standards. Improvements in the quality of cooperation between States of the region in the investigation and prosecution of alleged war criminals are also needed.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“However, the success of the referral procedure also stands to be a key indicator of our commitment to sharing know-how with domestic courts, in particular in the former Yugoslavia, along with our involvement in capacity-building and outreach activities in the region. Of the cases referred by the International Tribunal, the Special War Crimes Chamber of Bosnia and Herzegovina has completed two trials in the Stankovic and Jankovic cases, three trials are ongoing and one case is at the pre-trial stage. The Tribunal is satisfied that the two completed trials respected international norms of due process, as recognized by reports prepared by the Organization for Security and Cooperation in Europe and by human rights organizations.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Three ad litem judges have begun hearing an additional trial while drafting the judgment in another case, thus serving on two and, in one instance, even three cases simultaneously and full time. In other words, all 12 ad litem judges have been willing to take on an onerous workload to ensure the expeditious completion of the Tribunal's mandate. Let me turn now to our partnership with domestic courts. As members of the Council well know, the referral of intermediate and lower-ranking accused to competent national jurisdictions, which is provided for under rule 11 bis, was developed in the context of the completion strategy.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“While the Tribunal has managed to minimize delays in recruitment by using the roster system, some delays are inevitable and will probably increase. That will undoubtedly have a detrimental impact on the expeditious completion of the Tribunal's mandate. I would therefore urge the Security Council and Member States to support the Tribunal in its efforts to offer sufficient incentives to guarantee, as much as possible, that its best staff will remain until the work of the Tribunal is completed. Finally, I want to stress the importance of the work done by our ad litem judges. Of our 12 ad litem Judges, two are serving both as ad litem judge on one trial and reserve on an additional trial, while two ad litem judges are serving on two trials.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“In that regard, I must convey the judges" disappointment with the delays suffered in the commissioning of the study on options for designing pension schemes for judges of the Tribunal. The longer it takes for that question to be favourably resolved by Member States, the greater the risk of losing some of the most experienced judges, who will feel compelled to leave the Tribunal to secure pension entitlements in their national jurisdictions. Needless to say, such departures would seriously affect the timely and efficient completion of the Tribunal's work. I must also caution that, during the reporting period, the number of staff leaving the Tribunal for more secure employment with other institutions has increased.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Tribunal has in fact set the example for other international criminal jurisdictions, elaborating and developing, for instance, rules that ensure the fair and expeditious conduct of international criminal proceedings. The Tribunal has also lent concrete support to other international criminal jurisdictions through loans and transfers of staff and through the conduct of training workshops. In that regard, I cannot sufficiently underscore the importance of retaining our experienced judges in order to meet completion strategy goals. Many of the International Tribunal's judges are currently serving their second term, while a few are in their third term. It is crucial that the conditions of service of judges be correctly implemented as far as pensions are concerned.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The trials of the two recent arrivals are estimated to finish in early 2010, but I wish to stress that all appeals can still be concluded within 2011. I must stress that such minor adjustments are attributable to the new late arrivals and that, as I indicated, the efficiency of the Tribunal has in fact increased. Let me emphasize that none of the achievements that I have just mentioned could have been accomplished without the full dedication of all of our judges and staff. Their longstanding experience and exceptional qualifications are yet another contribution the International Tribunal will continue to make in the field of international criminal justice long after we close our doors.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“At the most recent ordinary plenary session of 12 July 2007, two other rule amendments were adopted, providing for greater use of testimony by Video link and specifying timelines for the filing of pre-trial motions for unrepresented accused. To summarize, at this time, there remain only 11 accused in seven cases awaiting trial before the Tribunal. That increase of two accused awaiting trial since the last report is attributable to the arrest of two fugitives, Tolimir and Djordjevic. That increase has required the Tribunal to adjust its forecast. It is expected that, with the exception of the two recent arrivals, the Tribunal will be able to complete all of its trials, including the Lukic & Lnkic case, which was not referred to Bosnia, by the end of 2009.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The Appeals Chamber has also increased its productivity in relation to both the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda (ICTR). For 2007, it has so far rendered 235 written decisions and 15 judgments, including four review or referral appeals and, since the submission of my written report, two additional ICTR judgments on the merits. That achievement is attributable to the implementation of the various measures adopted to speed up trial and appellate proceedings. In addition to those measures, which are detailed in the report, we have continued to explore new ways to further streamline trial and appeals procedures.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“The dramatic increase shown in those figures, particularly in recent years, clearly surpasses any reasonable expectation. During the reporting period, the three Trial Chambers continued to operate at record capacity, conducting additional hearings during the three-week summer recess. Taking advantage of the fact that one of those trials has entered into the phase of judgment drafting and does not therefore necessitate a courtroom, the International Tribunal was able to start the trial of Vojislav Seselj on 7 November 2007, bringing to eight the number of cases simultaneously handled in trial phase. That was made possible because all the members of the trial bench in that case are currently sitting in two trials.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Italy's support, as well as that of the other members of the Security Council, is critical to ensuring the lasting legacy of the Tribunal's unique achievements. The Tribunal will leave an incredibly rich and important legacy to current and future international criminal jurisdictions in substantive, procedural and institutional terms. Many parts of the report offer perfect examples of those realizations. The first accomplishment I wish to highlight is the Tribunal's unparalleled efficiency in the conduct of international criminal proceedings. Out of the 161 accused indicted by the Tribunal, trial and appeal proceedings against 111 accused have been completed. Of the 50 accused whose cases remain to be completed, four remain at large, eight accused have pending appeals, 27 have commenced trial and 11 are currently in the pre-trial stage.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source