YouSaid · the spoken record

Judge Robinson

lines on the record
112
first
2008-12-12
most recent
2011-06-06
sittings or episodes
6
sources
un-security-council

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  1. I therefore ask you to help me ensure that we maintain our commitment to the work of the Tribunal, which we must all finish together. Another important matter that I intend to pursue and strengthen during my tenure is that of partnership with local judiciaries. As you will know, a key component of this cooperation was the referral of 13 accused to jurisdictions in the former Yugoslavia, ten accused having been transferred to Bosnia and Herzegovina, two to Croatia and one to Serbia. Pursuant to rule 11 bis, the Referral Bench continues to monitor referred cases and is thus far satisfied that they are being conducted in full compliance with international norms of due process. I note that the Appeals Chamber ultimately decided not to refer one case, that of Lukic' and Lukie.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  2. While we have achieved unparalleled efficiency in the conduct of our proceedings, these results can only be maintained by a proactive retention policy for key staff, which has been lacking so far. The examples I have just given you of the hard work and commitment of our teams demonstrate how important it is that we keep our most dedicated Judges and staff in order to maintain the high standards we have set. But I must stress that we have to remain vigilant that the closing stages of the Tribunal do not witness a diminution of the high standards we have set over the years. There is a real danger that, if measures are not taken now to provide staff with incentives to remain at the Tribunal in its closing stages, we may lose our highly and uniquely qualified legal staff.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  3. The overall impact on the Judges of having to sit in court close to ten hours a day does take its toll but these Judges and others before them have taken on this responsibility with professionalism and enthusiasm and their commitment should be fully acknowledged as exemplifying remarkable dedication to the work of the Tribunal. A number of other Judges are actively engaged in completing a trial in one case, while preparing another case for trial. This is a demanding workload that demonstrates their commitment to meeting completion strategy targets. The international community owes a huge debt to these Judges and their staff, who clearly place the needs of the International Tribunal and the dictates of the completion strategy far beyond their own comfort and their entitlement to reasonable working hours.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  4. Court hearings at the Tribunal run from 8.30 in the morning to as late as 7.10 in the evening. In that respect I would like to make special mention of the extraordinary sacrifice made by some Judges who, owing to the exigencies of the completion strategy, are obliged to sit on two cases at the same time. They are usually ad litem Judges. But there is one permanent Judge who is presiding over two very complex cases at the same time. These Judges sit on one case from 8:30 am. to 1:45 pm. and then on a second case from 2:15 pm. to 7:00 pm. with less than half an hour for lunch. Given their long hours sitting in court, other judicial work must be completed late into the evening and over the weekends. Moreover, owing to the long court hours, these Judges have little to no opportunity to attend to their personal matters during the day.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  5. Those trials involve a total of 27 accused, with judgement anticipated to be rendered shortly in the case of Milutinovie et al, which involves six accused. As detailed in the report, the Tribunal has continued to proactively seek new solutions to ensure the speedy completion of trials in full compliance with standards of due process. For instance, in order to take advantage of a gap in the trial schedule after the proceedings in the Stanisie and Simatovie case had to be adjourned in May 2008, we commenced the Lukie and Lukie trial in its place on very short notice and, exceptionally as President, I am presiding over the proceedings in that case. The efficiency of the International Tribunal's proceedings is also the result of the steadfast commitment of its Judges and staff.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  6. Considering the complexity of our cases, the breadth of our indictments and the large number of victims and witnesses, the completion of such a high number of cases since the establishment of the Tribunal by the Security Council is a clear demonstration of the efficiency of the Tribunal's proceedings and of its steadfast commitment to the completion of its mandate. At this point, only five cases remain to be started, four of which involve late arrests, namely, those of Tolimir, Bordevie, Zupljanin and Karadzie. The fifth case, that of Stanisie and Simatovie, has been delayed owing to the ill-health of one of the accused. In terms of judicial activities, we are currently running seven trials simultaneously in our three courtrooms, with our eighth trial, that of Dordevie, scheduled to begin on 15 or 16 December.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  7. In that regard, I wish to thank the members of the Security Council for granting an extension of resolution 1800 (2008). While the delays generated by those matters are cause for concern, it is important to bear in mind the Tribunal's remarkable achievements to date, which far surpass those of any other international or hybrid court, both in respect of the number of accused tried and in its contribution to the development of international criminal law. Of the 161 persons indicted, proceedings have been fully concluded against 116 of them.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  8. While it is regrettable that the anticipated date of delivery of judgement in that case will not be met, it has to be borne in mind that estimation of the length of a trial, including the delivery of a judgement, is more an art than a science. My consultations with the presiding judge on that particular multi-accused case indicated that the delay arose from the difficulty of issues to be resolved and the concern that the hectic pace of the deliberations would impact on the fairness of the trial. That hectic pace resulted from the exigencies of the Tribunal's completion strategy. However, the completion strategy, while requiring the Tribunal to complete its cases as expeditiously as possible, does not anticipate that principles of fair trial and the rights of the accused should therefore be sacrificed.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  9. I must emphasize to the Council that the impact of late arrests on the orderly conduct of the Tribunal's business should not be underestimated. I therefore urge the international community to focus its efforts on securing the immediate arrest of the remaining fugitives as a matter of urgency, in accordance with the obligations of States under article 29 of the Tribunal's Statute. The international community must recognize the risks posed to international justice if those fugitives are not apprehended and brought to justice. Other delays in trials have resulted from unforeseen circumstances. An illustration of that is the rendering of judgement in the Milutinovie et al case, which was initially scheduled for September 2008 but will now be delivered in February 2009.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  10. On the basis of steps taken by the Tribunal, it is now expected that that trial may start as early as 15 or 16 December 2008. If the fugitive Mladie is arrested now, his case may be joined with that of Karadzie; but that joinder would invariably delay the start of the Karadzie trial, which is currently being prepared for trial. On the other hand, any further delay in Mladie's arrest will likely result in the need for separate trials. The case of Goran Hadzie, the other remaining fugitive, is not earmarked for joinder with any other case. An important consideration that the Council should be aware of is that, if he is arrested now, the Tribunal could avoid the need of retaining the capacity of trying a high-level accused in the Tribunal's residual mechanism.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  11. In that regard, I refer to the case of Stojan Zupljanin, a recently arrested fugitive whose case was found suitable for joinder with that of Mieo Stanisic'. Although the joinder of those cases has had the positive effect of cutting the costs of running the Zupljanin case as a separate trial, it has also delayed the start of the Stanisie trial, which was trial-ready at the time of Zupljanin's apprehension. Another example is the case of Vlastimir Dordevie, who was still at-large when the multi- accused trial of Milutinovic' et al began, in 2006. If Dordevic had been surrendered earlier, he could have been tried with his six co-accused. Now he must be tried alone, and dozens of witnesses will have to be brought back to the Tribunal to give evidence again in his case.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  12. Judge Robinson: I am indeed honoured to address this distinguished body for the first time in my capacity as President of the International Criminal Tribunal for the Former Yugoslavia (ICTY). Mr. President, may I also congratulate you on your assumption of the presidency of the Security Council and say that I am particularly honoured to address the Council during your tenure, given the importance of the Tribunal's work for your country. The Tribunal has continued to work vigorously and diligently since the last reporting period. As a result, we are now close to completing our mandate. We have nevertheless experienced delays owing to a number of circumstances beyond our immediate control. First, delays have resulted, and further delays may be expected, from the late arrest of fugitives.

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source