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

“Judge Pocar: I am honoured to present to the Security Council the eighth report of the President of the International Tribunal for the Former Yugoslavia, in accordance with Security Council resolution 1534 (2004). In my address to you today, I will also offer an assessment of the work that remains to be completed in light of ongoing challenges to the finalization of the Tribunal's historic mandate and of developments since the submission of the report. Before reviewing the Tribunal's activities during the past six months, allow me to personally thank you, Mr. President, for the unwavering support shown by your country and mine, Italy, to the important work of the International Tribunal.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“We have a couple of cases before us concerning events in Kosovo, and I take it that those cases are under way and will continue. As members will certainly appreciate, I, as a representative of the Tribunal, cannot say more than that. I would like to stress one last point. I have taken note that most representatives have pointed to the need for cooperation by national authorities in the region. I can only agree with that. I must assure the Council that we are working in that direction. The judges of the Tribunal participate in meetings of the judiciaries in the region in order to help the jurisdictions in the region to cooperate with them and with the Tribunal itself. So we are working to set up certain partnerships with local jurisdictions so that they can continue to work on cases after the Tribunal has had to close its doors.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“(spoke in English) As for specific questions raised, 1 should like to refer in particular to what the representative of Qatar said about the message that should come from the Tribunal. I do not know how the interpreter rendered my statement. What 1 indicated was that it was urgent that the Council send a strong message to the fugitives that they will not be allowed to wait out international justice. From all the interventions that have been made here in the Security Council, I take it that that message is being sent by the Council. So that was the premise of my suggestion and indication. As to the impact of the plan that has been adopted by the Security Council on Kosovo with regard to the judicial activities of the Tribunal, 1 would prefer not to give any specific comment.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Nevertheless, I wish to indicate that the provisional timetable for ongoing and future trials, which is annexed to the report, was annexed to ensure the full transparency necessary for the process and for the relations between the Security Council and the Tribunal. I wish to assure the Council that we are constantly working to improve the timetable and to further reduce the time in order to comply as much as possible with the indications and deadlines of the completion strategy. With regard to the two dates, 2008 and 2010, the fact that, as was indicated, a number of trials should continue during 2009 does not mean that we will not try to accelerate the appeals process in order to meet, as far as possible, the 2010 deadline.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I should like at the outset to thank the Security Council and its members for the comments that they have been kind enough to make on the report of the Tribunal and for the support that they have shown with regard to the Tribunal. I have duly noted all the comments that have been made regarding suggestions made and the efforts we are making to implement the completion strategy within the time frame that - we must acknowledge - was indicated by the Tribunal itself seven years ago and accepted by the Security Council. But, of course, seven years ago, those indications were given by the Tribunal on the basis of factual data that at the time were far from being clearly established or predictable.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I urge Member States not to underestimate the historical and precedent-setting achievements of the International Tribunal and to maintain their strong support as the International Tribunal approaches the completion of its mandate. I am grateful for the attention and time that the Council has given to me today.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The overall legacy of the International Tribunal will be the precedent that it has set for the enforcement of international humanitarian law and the contribution that it has made to the establishment of peace and stability in the former Yugoslavia through the prosecution of those responsible for the atrocities committed in the region. The Tribunal is, undeniably, indebted to the Security Council for the wisdom that it demonstrated in establishing the Tribunal in 1993. The establishment of the first international war crimes court since the Nuremberg trials has served to put perpetrators and would-be perpetrators on notice that war crimes, crimes against humanity and genocide will not be tolerated by the international community and will not go unpunished.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“In the light of the pressing need of the International Tribunal to continue to seek new measures to increase efficiency and to maintain the levels of efficiency already achieved, it is of vital importance that it retains its highly qualified and experienced judges and staff. In conclusion, while the picture that I am painting for the Council today is one of tremendous progress, I must emphasize that, ultimately, the success of the International Tribunal is not exclusively measured by the judgements issued or the number of trials and appeals completed.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“As a result of the Tribunal's creative efforts and the measures that it has adopted, it is anticipated that most trials will be completed by 2008, four additional trials by mid-2009 and the final two currently on the docket by the end of 2009. In addition, should any of the four remaining fugitives from justice be arrested now, some of the trials will most likely be heard before the end of 2009. Furthermore, it is estimated that appeals will conclude within two years of the close of the trials. It is my undertaking to the Council that the Tribunal's judges and its highly competent staff will continue to seek new measures and work tirelessly to increase the efficiency of the International Tribunal's work, all the while mindful of the need to respect due process and the fair trial rights of the accused.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“As part of this process, the Registrar of the Tribunal organized a working group of key officials at the International Tribunal who focused on that important issue, in collaboration with the International Criminal Tribunal for Rwanda. In September of last year, I convened the judges in a plenary session to address legacy questions. That discussion informed the report prepared by the International Tribunal and submitted to the Office of the Legal Counsel for the Council's consideration in April of this year. That report to the Council reflects the deep commitment of the International Tribunal to doing everything within its power to implement its completion strategy.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The Tribunal has repeatedly reported to the Security Council that its mandate will not be fully discharged until all of those accused have been arrested and tried. Accordingly, I urge the Council to take action now and to send a strong message to those fugitives that they will not be allowed to wait out international justice and that their trials do not hinge on the International Tribunal's completion strategy dates. The final point that I wish to raise with the members of the Council relates to the legacy of the Tribunal. The Tribunal has focused its attention for more than a year on the creation of the kind of mechanisms that will need to remain in place in order to dispose of residual issues once it completes all trials and appeals on its docket.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“With that reality as a backdrop, it is with satisfaction that I can report to the Council that, on 31 May, General Zdravko Tolimir, a top aide to General Ratko Mladic during the Bosnian war of 1992 to 1995, was apprehended by Bosnian authorities along the border with the Bosnian Serb entity of Republika Srpska, and that Vlastimir Djordjevic, an assistant minister at the Serbian Ministry of Internal Affairs and its Public Security Department Chief, accused of participating in the campaign against Kosovo Albanian civilians in 1999, was arrested in Montenegro on 17 June. Notwithstanding those arrests, the international community must not waver in its determination to see that the four remaining high-level fugitives, namely, Karadzic, Mladic, Zupljanin and Hadzic are brought to justice.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“In short, the outreach programme of the International Tribunal is working diligently to demonstrate to the people of the region, who suffered through the horrors of a decade of conflict, that concrete results are being achieved in holding accountable those who committed atrocities and in reinforcing the development of the rule of law in the region. I now turn to an area that has for far too long been a cause for great concern but that now offers an atmosphere of guarded optimism. The success of the International Tribunal has always been predicated upon the willingness of States to cooperate in full compliance with their obligation to do so under article 29 of the Statute. The imperative for States to cooperate in the apprehension of each accused has reached a critical stage.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The raison d'etre of our outreach programme and field offices in Belgrade, Sarajevo, Pristina and Zagreb is to ensure that the International Tribunal is actively engaged in efforts to restore and maintain peace in the region. This means, in concrete terms, that the Tribunal coordinates and participates in a number of public events, such as conferences, lectures and training programmes, with local judiciaries and legal professionals. It also engages local media, victims' associations and other sectors of civil society to provide information on developments in the International Tribunal's work.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“For lasting change to be achieved and the rule of law to be entrenched in the region, the international community must be prepared to renew and reinforce its current commitments, in order to ensure that trials of war criminals which respect due process norms continue upon the close of the International Tribunal. It is the courts in the region that have begun the next chapter of the International Tribunal's work by prosecuting war crimes cases at the domestic level. It is those courts that will carry on the legacy of the Tribunal long after it has completed its mission. I turn now to a related issue: our efforts to disseminate the results of our work in the region.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“With respect to the Ademi and Norac case referred to Croatia on 14 September 2005, the trial which has suffered some delays is expected to commence today, 18 June, and I hope that it will proceed expeditiously. In order to ensure that international norms of due process are consistently observed in cases referred back to the former Yugoslavia, it is imperative that domestic jurisdictions in the region are given the fullest support by the Security Council and the international community in strengthening their judicial capacity, including adequate detention facilities. The Tribunal is particularly appreciative of initiatives taken by some Member States to provide resources and training to support the rule of law in the States of the former Yugoslavia, yet, much work remains to be done.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The International Tribunal is satisfied that the trials of both of those accused observed the international norms of due process. Unfortunately, one of the accused, Radovan Stankovic, who had been convicted and sentenced to 20 years imprisonment, escaped from the custody of the Bosnia and Herzegovina authorities on 25 May 2007. The Tribunal is extremely concerned about that escape and has requested a full report from the Bosnia and Herzegovina authorities. The Tribunal is hopeful that those authorities and other States, will do all in their power to return Stankovic to custody. A failure to do so may impact upon the future integrity of the 11 bis referral process.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Let me now turn to another key element of our completion strategy: the referral of cases involving intermediate and lower-ranking accused to competent jurisdictions by the Tribunal, as authorized by Security Council resolution 1534 (2004). The impact of the referrals already processed on the overall workload of the Tribunal has been substantial. Ten accused have been transferred to the Special War Crimes Chamber in Bosnia and Herzegovina, two accused have been transferred for trial before the domestic courts of Croatia and one accused has been transferred to Serbia for trial. Only two accused have yet to have their transfer finalized. Of the cases referred by the International Tribunal, two trial proceedings have been completed by the Sarajevo Special War Crimes Chamber.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“During the reporting period, other ad litem judges have been willing to hear a new case While drafting a judgement in another case, effectively dealing with two cases full-time. Those ad litem judges that have not been assigned an additional trial are fully engaged in the preparation of new cases for trial. I can say without hesitation that the contributions of our ad litem judges are indispensable to the successful completion of the mandate of the Tribunal within the general time frame laid down by the completion strategy. I would also like to make special mention of the International Tribunal's professional and skilled staff who have demonstrated impressive dedication, with drafting teams being shared by groups of judges and legal assistants doubling up on trials, effectively increasing what was already a heavy workload.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“(spoke in English) The achievements and new measures that I have just described provide clear evidence that the judges of the International Tribunal have, under my presidency, been fully committed to the work of the Tribunal and to the expeditious handling of legal proceedings, all the while mindful of their duty to ensure the fairness of proceedings and full respect for the rights of the accused. My gratitude and appreciation also extend to the Tribunal's ad litem judges, without whose dedication the impressive results that I am reporting today would not have been possible. There are currently 11 ad litem judges at the Tribunal, three of whom serve both as ad litem judges for one trial and as reserve ad litem judges for another.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“As a result, it will become necessary for the Tribunal to identify ways of increasing the number of permanent judges that sit in the Appeals Chamber. In my opinion, all the trial judges of the ICTY and the ICTR will be available to take on appellate work once they are no longer engaged in trial work. That solution will ensure the orderly and expeditious completion of all appeals using existing resources. By the same token, although cuts in Trial Chamber staffing are expected once the trials end, a significant redeployment of staff from trial support to appeals support will be required in order to successfully process the heavy workload of the Appeals Chamber in the two-year period following the end of all trial proceedings.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“In its efforts to improve efficiency, the Appeals Chamber has greatly benefited from amendments to the Rules that have allowed for the expediting of proceedings while upholding the due process rights of the accused. I wish to draw the attention of the Council to the fundamental issue of the composition of the Appeals Chamber. This should be considered over the next few months, since the workload is increasingly shifting from the Trial Chambers to the Appeals Chamber. In fact, the workload of the Appeals Chamber has already increased considerably during 2006-2007. That trend is expected to continue during 2008-2009, particularly in the light of the expected appeals from the multi-accused cases with six or more accused. Each of those cases could potentially generate up to eight appeals.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“That calendar indicates that four of the six remaining cases are expected to finish during the first half of 2009 and the other two before the end of 2009. Moving on to the activity of the Appeals Chamber, I am pleased to inform the Council that the Appeals Chamber has made even greater strides in terms of productivity. It issued seven Judgements during the reporting period - a record number in the history of the International Tribunal. In addition, the Appeals Chamber rendered one contempt Judgement; three decisions on review or reconsideration; and more than one hundred other written decisions on interlocutory appeals and pre-appeal decisions. At present, the Appeals Chamber has 10 pending appeals and is scheduled to issue four judgements in the next semester.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Furthermore, in order to save time, the Trial Chambers decided to hold additional hearings in those cases during the brief summer and winter recesses. Two Trial Chambers have already expressed their intention to continue to conduct hearings during the summer recess in order to expedite proceedings. New approaches have also been devised to streamline the process by which cases move from the pre-trial stage to trial. The ongoing receipt of information from judges regarding the progress of pre-trial and trial proceedings has enabled the working group responsible for trial scheduling to produce a provisional calendar of current and future trials which the Tribunal believes to be a reasonably accurate forecast of the completion dates of trial proceedings.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“As I explained to the Council in my previous reports, the Tribunal has implemented a large number of amendments to the Rules of Procedure and Evidence to enhance the efficiency of pre-trial and trial proceedings. I am pleased to report that the most recent amendments to the Rules, presented in the last two reports to the Council, have fulfilled their intended purpose during the reporting period with great success. Thus, rule 73 bis, introduced in May 2006, has been used to request or order the Prosecution to reduce the indictment in the Seselj, D. Milosevic, Milutinovic et al., Gotovina et al. and Perisic cases. Rule 92 ter, adopted in September 2006, has had similar success. Recourse to the rule has saved a great deal of time in the Milatinovic et al. and Popovic et al. trials.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Following on the recommendations of the working group on speeding up trials, which were detailed to the Council in the 31 May 2006 completion strategy report (S/2006/353), trial judges have used a strong hand to guide the preparation of cases for trial and to ensure that the International Tribunal can immediately start a new case when another case is completed or is suspended for any reason. This plan was put into action following complications that arose at the start of the Seselj and Gotovina et al. trials. The Trial Chamber filled the resulting gaps in the trial schedule with the trial of Dragomir Milosevic, which started in January, and that of Rasim Delic, which is due to commence in July. That proactive case management approach in pre-trial proceedings has enabled the Tribunal to begin three new trials during the reporting period.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Judgement was rendered in the Martic case on 12 June 2007, and judgement in the Mrksic et al. case will be issued in the coming weeks. By making use of gaps in the courtroom schedule, judges also heard one contempt case, and judgment was issued on 7 January 2007. Similarly, when trials were not in session, the Referral Bench, consisting of judges from each of the three Trial Chambers, conducted hearings in three cases of referral to national jurisdictions in accordance with rule 11 bis of the Rules of Procedure and Evidence of the International Tribunal. In addition, the Trial Chambers managed 12 cases in the pre-trial stage, leading to the issuance of more than 150 written and oral decisions.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Today, I begin by stating that we have not only maintained our previous level of effectiveness, but have in fact further increased the output of the Tribunal's Chambers during this reporting period. The three Trial Chambers of the Tribunal continued to function at full capacity, hearing six trials simultaneously in the International Tribunal's three courtrooms, in the morning and the afternoon. Additionally, a seventh trial started at the beginning of January 2007, taking advantage of any openings that might appear in the courtroom schedule. This marked the first time in the International Tribunal's history that seven cases were heard simultaneously in three Trial Chambers. Eight cases were tried in the Trial Chambers during the reporting period, three of which are multiple-accused cases, involving a total of 19 accused.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“President, I take this opportunity to convey my appreciation for the unwavering support shown by your country for our work, as well as for its leadership in combating impunity for the commission of genocide, war crimes and crimes against humanity. I note in particular, Sir, that the International Tribunal has benefited greatly from the sense of responsibility and dedicated service of one of your compatriots, who first served as an ad litem judge and now sits as a permanent trial judge. Members will recall in my last report to the Council I indicated that the International Tribunal had experienced one of the most productive periods in its history.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“It is both an honour and a privilege to appear again before the Security Council, for the purpose of presenting the seventh report of the President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in accordance with Security Council resolution 1534 (2004). In my presentation today, I will highlight the most significant points made in my report on our completion strategy, which was submitted to the members of the Council on 15 May 2007. I will also bring members up to date on new developments that have occurred since the report's submission. Before delving into the International Tribunal's activities during the past six months, Mr.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I take note of the guidance of the members of the Council, which goes in the direction that the Tribunal had already taken. I also take note of the comments made about the residual mechanisms and the procedure encouraging the Tribunal organs to intensify their work. We are working on that matter, and certainly we are in touch with the Office of Legal Affairs in that respect. Again, I wish to reiterate my thanks for the support and the thoughtful comments made by the members of the Security Council and to express once again the commitment of the Tribunal to the completion strategy.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I cited the example of the seventh simultaneous trial which we are going to have at the beginning of next year. We will continue to find other ways and means to speed up our procedures and our work. On one particular note: the question of the accused Mr. Seselj was commented upon. In that respect, I would like to assure the Council that all measures will be taken to speed up the trial, which, unfortunately, had to be delayed because the accused was on a hunger strike. But the Tribunal will certainly resume the trial as soon as possible - when the accused's health condition is such as may allow him to stand trial as a self-represented accused, as decided by the Appeals Chamber of the Tribunal. I will not comment further on the question of the partnership with domestic jurisdictions.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I want to assure the Security Council that the Tribunal will do everything it can to conclude its work by the deadline, bearing in mind the caseload. I wish to stress that so far the Trial Chambers have concluded the trials - I am speaking only about the trials - of 66 accused, which is a huge number, bearing in mind, of course, the principles of fair trial that we have to respect. It is true that the plans that I have made provide for a situation in which trials will have to run into 2009. That does not at all mean that 2009 will be fully devoted to trials. The assessment that I have made reflects the situation as it is seen now. But I stressed in my statement earlier that the Tribunal is not content with the dates as they stand, but is constantly looking for new ways to speed up the work and conclude the activity.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Judge Pocar: First, I would like to express my thanks to the members of the Security Council for their support for the work of the Tribunal and for their appreciation for the measures taken by the Tribunal during the reporting period to comply with the requirements of the completion strategy, while respecting the principles of fair trial. I wish also to thank Council members for the comments made on the activity of the Tribunals during the reporting period and to date. I take note of the concern expressed by members regarding the deadlines of the completion strategy. I wish to assure the Security Council that the dates of the completion strategy are constantly before us and that we are constantly mindful of them in our work.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Owing to the Council's visionary thinking in establishing the Tribunal in 1993, it has now become common practice worldwide to hold individuals responsible for war crimes, crimes against humanity and genocide. I call upon the member States of the Council to maintain their support for the Tribunal in the final years of its mandate. As this report indicates, there is still much work to be done. Together, we must see the historic work of the Tribunal through for the cause of international justice, the continued fight against impunity, and the promotion of international peace and security.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“The Tribunal is constantly refining its practices and adopting the necessary mechanisms to improve the efficiency of its proceedings and uphold the rights of the accused to be tried without undue delay. Furthermore, it is exploring new measures, such as its commencement of a seventh trial during the reporting period, to reach those goals and to retain the support of the international community until its mandate is fully completed. The Tribunal is also turning its attention to the future, actively working to secure the rule of law in all the States of the former Yugoslavia through its partnership with local judiciaries. The Tribunal remains ever indebted to the Security Council for its steadfast support to date.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“For a decade, the Tribunal has repeatedly called on Member States to ensure the arrest of those fugitives, without result. The continued failure to ensure their arrest now renders the 2009 date for the completion of all trials doubtful. Again, the mandate of the Tribunal cannot be regarded as fully implemented without the trials of those high-level accused. In conclusion, the Tribunal remains entirely committed to meeting the completion strategy objectives while upholding the highest standards of due process, and it continues to forge full speed ahead with its mandate as part of the furtherance of peace and security in the former Yugoslavia.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Secondly, while the Judges continue to do everything in their power to ensure the expeditious conduct of proceedings while respecting due-process norms, there are, naturally, factors outside of their control, including illness of the accused or counsel, lack of cooperation by the parties, unavailability of witnesses and the absence of full State cooperation, which may have a negative impact on the speed at which these cases proceed. Thirdly, completion strategy target dates may be threatened if referrals of cases of lower and intermediate accused to the region were to be revoked and sent back to the Tribunal due to a failure by local courts to uphold fair-trial principles. Finally, I have already raised the critical issue of the six outstanding fugitives, and in particular, the necessity of apprehending Mladic and Karadzic.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“As can be observed from the Milutinovic and Prlie trials, it is proving to be a running battle to ensure that the proceedings remain within the shortened time frame allotted by the Trial Chambers. Recently, the Prlic' Trial Chamber issued a further decision reducing the amount of time allocated to the Prosecution for the presentation of its case, which has been certified for appeal before the Appeals Chamber and has to be decided by the Appeals Chamber shortly.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“As it is anticipated that all trials currently pending will likely be subject to appeal, the Tribunal will probably have 15 appeals following the conclusion of those trials, which are expected to be disposed of within two years of the end of the trials. There remain, however, a number of key factors that will influence whether the conclusion of trials and appeals within this time frame remains feasible. First, the primary factor remains the success of the multi-accused trials. Currently, these trials are running very smoothly. However, there are indications that, absent the Trial Chambers' firm control and full cooperation of the parties, these trials may run longer than originally anticipated.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“To do otherwise would mean that the International Tribunal would not have fully discharged its mandate, and the message and the legacy of the Tribunal that the international community will not tolerate impunity for serious violations of international humanitarian law will be dangerously undermined. Let me now provide the Security Council with an updated prognosis for the Tribunal's implementation of the completion strategy. I wish to confirm, as stated previously, that trials will have to run into 2009. Currently the Tribunal has nine trials in the pre-trial stage, in addition to its six ongoing trials and 13 cases pending appeal from judgment.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Finally, the success of the Tribunal in the efficient completion of its proceedings has always hinged significantly upon State cooperation and non- interference in cases once they have commenced. During the reporting period, the Russian authorities ensured the transfer of Zelenovic to the authorities of Bosnia and Herzegovina, which then transferred him to the Tribunal in June. However, apart from that single transfer, States failed to arrest and transfer the Tribunal's remaining six high-level fugitives. The Tribunal is deeply troubled by the failure to apprehend these accused, especially Ratko Mladic and Radovan Karadzic, and I urge all States to take immediate, concrete measures to actively seek their whereabouts. The judges of the Tribunal remain adamant that we must not close our doors without their arrest and trial.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I urge the Security Council, and the international community as a whole, to protect our achievements thus far in the region and to take the necessary steps to fully entrench the rule of law, particularly by providing continued and sustained support to the local judiciaries and detention facilities. It is those courts that will continue the historic work of the Tribunal in trying perpetrators of war crimes, crimes against humanity and genocide long after the Tribunal has completed its mission. Furthermore, it is crucial for reasons of stability and reconciliation in the region that these national trials uphold the highest standards of due process so that justice is done and is seen to be done by the victims and the international community as a whole.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“On this note, the Tribunal is acutely aware of the need to further the rule of law in the former Yugoslavia by providing continued and sustained support to local judiciaries and prosecutors in the region. Consequently, during the reporting period the Tribunal engaged in numerous efforts to strengthen the capacity of national jurisdictions. Making use of its field offices, the Tribunal liaised closely with the local judiciaries and took part in a number of professional symposiums, which I will not list here. Access to the Tribunal's website continued to be a key tool for outreach to legal professionals and the general public in the former Yugoslavia.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I remind the Council that, upon referral of cases to the region, the work of the Tribunal does not end with respect to those cases. Under our Rules, the Tribunal continues to monitor the domestic trials in order to ensure that they are being conducted fairly and with full adherence to human rights norms. It is critical to the success of the Tribunal's completion strategy and to upholding the rights of victims, as well as those of the accused, that all referred cases are conducted in full compliance with the highest standards of due process. I am happy to report that, on 14 November, the trial of the first referred accused, Stankovic, came to a close in the Sarajevo Special War Crimes Chamber, and the Tribunal is satisfied that that trial met the requirements of due process.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Thirdly, the Tribunal has continued its work in referring cases involving intermediate- and lower- ranking accused to national courts in the former Yugoslavia pursuant to Rule 11 bis, which is vital both with respect to meeting the completion strategy goals and for the legacy of the Tribunal. During the reporting period, two cases involving three accused were transferred to the region. To date, referrals involving 11 accused have been completed, nine of which have been transferred to the Special War Crimes Chamber in Bosnia and Herzegovina and two of which have been transferred to the authorities of Croatia for trial before its domestic courts. Only three cases remain pending before the Referral Bench, and one referral decision has recently been appealed.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“As highlighted in my last report, the contribution by ad litem judges to the work of the Tribunal was greatly enhanced by the Council's adoption of resolution 1660 (2006), which increased the number of ad litem judges from nine to 12 and allowed for the assignment of ad litem reserve judges to the multi-accused cases. It cannot be emphasized enough that those judges have been an extremely valuable resource for the Tribunal. In the past six months, four ad litem judges were assigned to two of the multi-accused cases. In addition, four serving ad litem judges were assigned to second cases so as to allow new trials to commence as efficiently as possible.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“In my previous two reports to the Security Council, I underscored the fact that the realization of the Tribunal's completion strategy depends largely upon the Tribunal's improving its procedures until its closing by drawing upon its past experiences. This is possible only if the Tribunal is able to retain its staff, who have the historical experience of the Tribunal's operations and a sense of ownership of the Tribunal's mandate. In order to ensure retention of its best staff, accelerated promotions have been implemented whenever possible. Secondly, the Tribunal increasingly relied on ad litem judges for realizing completion strategy objectives.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“The Prosecution is responding positively to directions from the Trial Chamber to reduce the scope of its indictments. Considering that it is critical to the success of the Tribunal for the judges and the parties to work together towards completion of the Tribunal's mandate, trial judges have also made efforts to build consensus with the Prosecution by finding other ways to focus their cases, as well as those of the Defence. That policy has led to limiting the time available to the parties in dealing with their respective cases. In addition to the concrete measures taken by the judges, the efficient completion of trials and appeals at the Tribunal has been possible during the reporting period in large part because of the dedicated work of its highly competent and qualified staff.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“In addition, the judges have remained vigilant in looking for new ways of improving the practices and procedures of the Tribunal's trials, such as by adopting further rule amendments. Rules 92 ter and 92 quater, adopted in September, have increased the ability of Trial Chambers to consider written statements and transcripts of witnesses in lieu of oral testimony where that evidence goes to the acts and conducts of an accused. Furthermore, judges have taken action to expedite trial proceedings by placing limits upon the parties' cases. As I reported to the Security Council in June, the judges adopted an amendment to Rule 73 bis authorizing Trial Chambers to either invite or direct the Prosecution to select those counts in the indictment on which to proceed.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source