YouSaid · the spoken record

Stier

lines on the record
11
first
2017-06-07
most recent
2017-06-07
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1
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un-security-council

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  1. “It was also recently rejected by the Extraordinary Chambers in the Courts of Cambodia and, before that, by the first permanent criminal court to adjudicate the most serious international crimes, the International Criminal Court, and it has never even been contemplated in national jurisdictions. Finally, let me stress that Croatia is confident that, in the last miles of its path, by strictly adhering to the mandate entrusted to it by the Security Council to apply the highest standards of international humanitarian law, the ICTY will make an immense contribution to international peace and security.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  2. “This novum in international criminal law and international humanitarian law, if confirmed, would seriously jeopardize, if not disable, States, including those whose representatives are sitting around this table, from conducting any kind of legal military operations, peacekeeping operations included, and would turn them into unpredictable endeavours. Allow me to add that this type of liability of military and civilian officials, based seemingly more on the conflation of political considerations with criminal activities than on anything else, was already rightly rejected by the Tribunal in a number of its cases.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  3. “Indeed, if mere foreseeability of illegal violence, which always and inevitably looms over any military operation, automatically engages liability of all military or civilian officials with any kind of authority over the forces engaged, then all military and civilian officials with de jure or de facto authority over those forces would automatically be held liable for all criminal acts committed by any member of those forces. According to this concept, State and political leaders could be held responsible for offences committed by others who may share their goals, regardless of whether those leaders shared an intent to commit specific criminal offences as a means of achieving those goals.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  4. “Any attempt to expand beyond the limits I just mentioned, and especially any attempt to impose individual criminal responsibility without requiring a sufficient causal relationship between alleged criminal purpose and actual crimes, or even without requiring a specific intent to commit those crimes, which is the extended form of the joint criminal endeavour, also known as JCE III, is inconsistent with the current state of international humanitarian law and has the potential to seriously damage international criminal law - and not only international criminal law.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  5. “While completing its task of establishing individual criminal responsibility in the armed conflict on the territory of the former Yugoslavia and thereby contributing to lasting peace and security in the area, the ICTY must live up to the highest standards with regard to the scrupulous interpretation and appropriate application of existing international humanitarian law, in accordance with its statute. Furthermore, pursuant to article 6 of the ICTY statute, the Tribunal does not have the competency to make findings on State responsibility. Defining the Tribunal's jurisdiction further, articles 6 and 7 are appropriately entitled "Personal jurisdiction" and "Individual criminal responsibility".”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  6. “In that context, let me remind Council members how, for example, the Permanent Representative of the United Kingdom, Sir David Hannay, in his discussion after the adoption of resolution 827 (1993), stated that "[t]he Statute does not, of course, create new law, but reflects existing international law in this field". The Permanent Representative of Spain, Mr. Yafiez Barnuevo, summarized the Tribunal's role by saying that it is not established "to create new international law or to change existing law but to guarantee effectively respect for that law", while Ambassadors Arria and Sardenberg, of Venezuela and Brazil, respectively, also voiced their understanding of the Tribunal's limited jurisdiction to the application of existing international law.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  7. “It is worthwhile repeating that in creating the ICTY, the Security Council strictly confined the Tribunal to the application of existing international humanitarian law and did not in any way authorize the creation of precedents or "legislation" in that branch of law. Such an understanding was also clearly expressed in Security Council members' official statements following the adoption of resolution 827 (1993), by which the Tribunal was formally established (see S/PV.3217), as well as in the report of the Secretary-General on the establishment and functioning of the ICTY (see S/25704), which explicitly limited the application of international humanitarian law by the Tribunal to rules that are beyond any doubt part of customary law.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  8. “It could be said that the Tribunal is far from satisfying the cries of all those who experienced, in the worst manner possible, the brutality and cruelness ofthe perpetrators. It might also even seem that the Tribunal is far from upholding important legal principles and the mandate it was established to fulfil, that is, proceedings of reasonable length and the application of existing rules and principles of international humanitarian and criminal law. While little can be done about a number of those complaints, a stringent application of existing rules and principles, so important for both the legacy of the Tribunal and international criminal law in general, must now be our focus.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  9. “After causing the carnage, the perpetrators wrote a cynical message on the wall of the destroyed elementary school in large letters: "Welcome to a dead village". Although he was not indicted for the events in this Croatian village, it was in Skabrnja and the surrounding towns and villages that, in 1991, Ratko Mladie, whose trial is still pending before the ICTY, began his warpath, which later continued in neighbouring Bosnia and Herzegovina. The ICTY, whose work we are discussing today, will soon enter history with a significant legacy, in particular with its achievements in the fight against impunity. Equally important is the Tribunal's role in giving a voice to the thousands of Victims of horrific crimes.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  10. “It is little wonder that, some 25 years ago, Croatia, at the time under brutal aggression, was one of the States strongly supporting the establishment of a tribunal mandated to adjudicate and punish the most serious violations of international humanitarian law. The expectations of all those who cried for help and justice were extremely high. Global television audiences witnessed appalling scenes of Croatian towns and Villages being levelled to the ground and their population savagely "cleansed". One such place was the village of Skabrnja, the scene of the most gruesome atrocities committed in 1991, when 84 of its inhabitants brutally perished. Most of them were executed on their doorsteps or in their basement shelters, massacred in the streets or thrown under the treads of passing tanks.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source

  11. “Mr. Stier (Croatia) (spoke in Spanish): I would like, at the outset, to congratulate you, Mr. President, on Bolivia's assumption of the presidency of the Security Council and towish you a successful month as you fulfil your mandate. (spoke in English) I welcome the Presidents of the International Tribunal for the Former Yugoslavia (ICTY) and the Residual Mechanism, Judges Agius and Meron, as well as Prosecutor Brammertz. I thank them for today's briefings and their reports (see S/2017/436 and S/2017/434) and assure them of Croatia's continued support for their efforts aimed at ensuring accountability.”

    2017-06-07 · UN Security Council · Security Council, S/PV.7960 (2017) · source