The International Residual Mechanism for Criminal Tribunals is poised to enter the next phase of its operations, its President said today as she briefed the Security Council on the substantial progress in its judicial cases, while speakers cited the completion of the remaining work as “essential” for rounding up the historical chapter of international criminal justice.
Graciela Gatti Santana, President of the Mechanism, reported that the Appeals Chamber just handed down its last judgment concerning crimes committed during the conflicts in the former Yugoslavia, in the case against Jovica Stanišić and Franko Simatović. With this judgment, the ambitious journey of the International Criminal Tribunal for the Former Yugoslavia has ended and the cases against 161 persons indicted by the Tribunal completed. On the Kabuga case, a majority of judges decided Félicien Kabuga is not fit to stand trial.
Thus, the Trial Chamber will continue the proceedings through an alternative findings procedure to give Mr. Kabuga an opportunity to establish his innocence of the charged offences, she reported. With only the Kabuga case on the Mechanism’s docket, and with in-court proceedings all but concluded, senior managers from all three organs are working on a workforce plan. Further, a Panel on Judicial Functions will produce recommendations regarding the Mechanism’s continuous judicial activities. “This represents a watershed moment in the life of the Mechanism and for international criminal justice more generally,” she said.
Serge Brammertz, Prosecutor of the International Residual Mechanism for Criminal Tribunals, reported that, on 23 May, Fulgence Kayishema, the Mechanism’s most wanted Rwandan fugitive – charged with the killings of more than 2,000 innocent women, men and children – was arrested in Paarl, South Africa. His arrest is a signal moment in the global effort to punish perpetrators of genocide, he said, adding that “this kind of result renews faith in international justice”.
Noting that his Office was receiving more requests for assistance than ever before, he said: “This is a positive sign, as justice is best delivered at the local level.” The international justice process has been imperfect. Nonetheless, the results have been beyond expectation and a significant success for the United Nations. “Very soon, my Office will be fully focused on our remaining residual functions, the most important of which is assisting Member States to continue the accountability process,” he said.
In the ensuing discussion, speakers highlighted the Mechanism’s essential role in ensuring accountability and preventing the commission of new atrocities. Many speakers welcomed the careful preparation for the Mechanism to enter into the next phase in its lifecycle – a truly residual mechanism.
The representative of Gabon, speaking on behalf of the President of the Working Group on the International Residual Mechanism, commended the implementation of the Mechanism’s road map towards a completely residual function. The Mechanism “stands as a moral defence against arbitrary justice and mass atrocity”, she said, adding that the conclusion of the Stanišić and Simatović case reaffirms the relevance of criminal tribunals while returning major hope to victims.
The Mechanism, said the representative of the United States, has achieved a milestone with the arrest of Fulgence Kayishema, also noting his country was offering a reward of up to $5 million for the three remaining Rwandan fugitives. “Let Kayishema’s arrest be the message to all those responsible for similar crimes that they cannot escape accountability,” he added.
Meanwhile, the representative of the Russian Federation stressed that the Mechanism should not multiply cases to artificially prolong its existence, noting that national judicial bodies can manage perfectly well. The anti-Serb bias in the decisions of the International Criminal Tribunal for the Former Yugoslavia and the Mechanism cannot be denied, he said, adding that the trial on the Stanišić and Simatović case will probably go down as one of the most protracted and most controversial in the history of international justice.
Rwanda’s delegate welcomed the cooperation between the Mechanism and his Government, also spotlighting the indispensable role of South Africa, Mozambique, Eswatini and the United Nations investigators, which led to the arrest of Fulgence Kayishema. Recalling that his Government has recently issued 1,148 indictments against genocide suspects in 33 countries and the Secretariat of the International Criminal Police Organization (INTERPOL), he called upon Member States to arrest the remaining fugitives. “Justice for the victims and survivors of the genocide against the Tutsis is not merely about prosecution, it is about timely justice,” he said.
The representative of Bosnia and Herzegovina said that the International Tribunal for the Former Yugoslavia irreversibly changed the landscape of international humanitarian law through its precedent-setting decisions on genocide, war crimes and crimes against humanity. Also, it was a crucial element in combating revisionism – on the direct responsibility of Serbian officials for crimes committed in his country.
The speaker for Croatia expressed hope that the recent judgment in Stanišić and Simatović will bring some comfort to the victims and contribute to healing and reconciliation. On determining the whereabouts of 1,807 missing Croatian citizens, he cited the lack of political will in Serbia to share information as “the greatest obstacle to progress” in resolving these cases. Establishing the fate of the missing persons, as well as finding mortal remains and their proper burial are essential for closure and reconciliation, he emphasized.
Serbia’s delegate, rejecting any accusations against Serbian authorities of genocidal denial or glorification of war criminals, expressed his country’s readiness in ensuring that the sentences imposed by the Tribunal will be carried out under the Mechanism’s supervision. Also, he pointed out, given that there is no longer a single case before the Mechanism, it should function as a temporary and efficient structure whose function and size will diminish over time.
The meeting began at 3:02 p.m. and ended at 5:25 p.m.
Briefings
GRACIELA GATTI SANTANA, President of the International Residual Mechanism for Criminal Tribunals, spotlighted the Mechanism’s commitment and aim to deliver justice and uphold international standards of due process and fair trial rights, ultimately convicting those who have been proven guilty beyond reasonable doubt of the most horrific crimes. In that regard, she announced that two weeks ago the Appeals Chamber handed down its last judgment concerning crimes committed during the conflicts in the former Yugoslavia, in the case against Jovica Stanišić and Franko Simatović. With this judgment, the ambitious journey of the International Criminal Tribunal for the former Yugoslavia has ended, in so far as the cases against all 161 persons indicted by that tribunal have concluded.
Turning to the Kabuga case, she said on 6 June the Trial Chamber rendered its decision on the fitness and future of the trial of Félicien Kabuga. After months of careful examination, a majority of judges decided he is not fit to stand trial and is very unlikely to regain fitness. The Trial Chamber will continue the proceedings through an “alternative findings procedure” to give Mr. Kabuga an opportunity to establish his innocence of the charged offences. Noting the strong public interest for findings related to allegations of conduct attributed to Mr. Kabuga, she expected this decision will be appealed, she said.
Turning to the monitoring of three cases referred to the Mechanism by Rwanda, she said the proceedings against Jean Uwinkindi and Bernard Munyagishari were completed in 2022, prior to her appointment. In March of this year, the appeal proceedings in the third case, against Ladislas Ntaganzwa, were also completed. Noting the encouraging advancements in Rwanda’s ability to discharge cases relating to international crimes efficiently and effectively, she said she is confident the Rwandan judiciary will be similarly steadfast during the proceedings of Fulgence Kayishema, which the Mechanism will follow closely in line with its monitoring function as set out in article 6(5) of its Statute.
Regarding three areas requiring the Council’s urgent attention and vigorous backing, including the enforcement of sentences and the situation of acquitted or released persons who were relocated to Niger in December 2021, she said that the situation in Niger contravenes the relocation agreement concluded with the United Nations. In that regard, the Mechanism cannot resolve this predicament alone. The Council has called on all States to provide necessary assistance, and any decision on the relocation of these persons should be consistent with resolution 2637 (2022). “In the meantime, I urge you to appreciate how the status quo is untenable in every respect,” she said.
She also highlighted a third critical issue, that of the relentless attempts to undermine the Mechanism’s current work and judgments issued by the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and the Mechanism. This includes Serbia’s flagrant disregard of its international legal obligations set forth by the Council and its persistent failure to arrest and surrender Petar Jojić and Vjerica Radeta for their alleged interference with the administration of justice. One of her priorities is to consolidate, safeguard and make the invaluable legacy of the ad hoc tribunals and the Mechanism more accessible, she said.
She went on to say that this is the first time that a Mechanism President stands before this Council and can announce that in-court proceedings are all but concluded, with only the Kabuga case on its docket. “This represents a watershed moment in the life of the Mechanism and for international criminal justice more generally,” she said, adding the Mechanism is poised to enter the next phase of its operations, when its daily responsibilities will be more closely aligned with its name and intended nature. While the Council will ultimately decide on bigger institutional changes and the transfer of its mandated activities, the Mechanism will continue to streamline its activities wherever it can. Based on the road map developed last year, senior managers from all three organs are working on a scenario-based workforce plan. Further, a Panel on Judicial Functions will produce recommendations regarding the Mechanism’s continuous judicial activities. These efforts are bolstered by ongoing exchanges with officials of other judicial institutions.
In exactly one year, the Council will conduct its fifth review of the Mechanism’s progress of work, she noted, adding: “I am determined to continue pursuing innovative, more efficient ways of operating and to take all necessary steps to keep achieving positive results.” She also noted that she looks forward to working with the Office of Internal Oversight Services as it carries out another evaluation exercise. “While we do not presume to do everything to perfection, I can assure you that we do our very best,” she stressed.
SERGE BRAMMERTZ, Prosecutor of the International Residual Mechanism for Criminal Tribunals, focusing his briefing on recent developments, reported that, on 23 May, Fulgence Kayishema, the Mechanism’s most wanted Rwandan fugitive, was arrested in Paarl, South Africa. Mr. Kayishema is charged with the killings of more than 2,000 innocent women, men, children and elderly at Nyange Church in Rwanda on 16 April 1994. He is alleged to have attempted to set the church aflame with the refugees inside; when that failed, he organized a bulldozer to collapse the roof of the church, killing those who remained alive.
Mr. Kayishema’s arrest is a signal moment in the global effort to punish perpetrators of genocide, he said, adding that “this kind of result renews faith in international justice.” The families of 2,000 victims will now see Mr. Kayishema answer for his alleged crimes. Further, the arrest exemplifies what can be achieved through international and national cooperation in law enforcement, he added, highlighting the critical role played by many Member States. Accordingly, he spotlighted the unreserved support of South African authorities, who established an operational task force to assist the Mechanism’s investigations, and the contributions made by Eswatini, Mozambique and Rwanda.
He also reported that the Mechanism Appeals Chamber delivered its last judgment in a case of the International Criminal Tribunal for the Former Yugoslavia case, Stanišić and Simatović, accepting key aspects of his Office’s appeal. The Judges agreed that both accused were criminally responsible as members of a joint criminal enterprise for a larger number of crimes in Bosnia and Herzegovina. As the chief and senior deputy in the Serbian State Security service under Slobodan Milosevic, Stanišić and Simatović, with other Serbian, Croatian Serb and Bosnian Serb leaders, aimed to ethnically cleanse non-Serbs from large areas of Croatia and Bosnia and Herzegovina.
They further contributed to the implementation of the joint criminal enterprise in important ways, particularly by supporting notorious paramilitary groups, he continued, adding that the Appeals Chamber increased their sentences to 15 years of imprisonment each. This judgment is a fitting final chapter in the work of the International Criminal Tribunal for the Former Yugoslavia. “Over 30 years of work, we were able to successfully prosecute senior political, military and police officials from all sides of the conflicts,” he said.
Turning to the decision issued by the Trial Chamber last week in the Kabuga case – which will likely be appealed – he underscored that the trial against Mr. Kabuga should be completed in a manner that is consistent with the rights of the accused. More broadly, he detailed the Mechanism’s future as a true residual institution which – due to downsizing – has to strictly focus its resources on core functions. His Office will focus on its mandate under article 28(3) to assist national jurisdictions to continue the accountability process for international crimes committed in Rwanda and the former Yugoslavia.
In Rwanda, there are more than 1,000 fugitives to be prosecuted, he reported, noting that his Office is already actively working to transfer evidence and case files to the Prosecutor General’s office. In the former Yugoslavia, national prosecutors still must deal with several thousand cases. In addition to evidentiary and legal support, his Office is intensively engaging in resolving challenges in regional judicial cooperation, which remains problematic. As well, every year, countries around the world identify in their territories persons suspected of committing crimes in Rwanda or the former Yugoslavia, who then need to be extradited or prosecuted.
Underlining the critical role his Office plays, he said that in the last few years, it has received more requests for assistance than ever before in supporting this continued accountability process. “This is a positive sign, as justice is best delivered at the local level,” he said. More so, investigators and prosecutors in many countries look to his Office for assistance in obtaining evidence, preparing investigative strategies, drafting indictments and proving their cases in court. However, although the international justice process has been imperfect, nonetheless, the results have been beyond expectation and a significant success for the United Nations, he pointed out. “Very soon, my Office will be fully focused on our remaining residual functions, the most important of which is assisting Member States to continue the accountability process,” he said.
Statements
ANNETTE ANDRÉE ONANGA (Gabon), speaking for Michel Xavier Biang, President of the Working Group on the International Residual Mechanism, reaffirmed that the fight against impunity is a moral imperative to ensure peace, security and justice. In that regard, tribunals require sustained support from the international community for the efforts undertaken by them. She welcomed the President’s efforts in implementing the Mechanism’s road map towards a completely residual function, an approach which prioritizes the strengthening of existing working methods and tools. The conclusion of the Stanišić and Simatović case reaffirms the relevance of criminal tribunals while returning major hope to victims who can now be certain that, however long it might take, justice will be done. Yet, the Mechanism’s credibility and efficacy will continue to depend on States’ assistance which should lead to the arrest of fugitives and their accomplices still at large. As the fight against impunity must remain the imperative, concerned States should ensure close cooperation on maximizing evidence collection. Denouncing the glorification of perpetrators, she underlined the need to consolidate the legacy of tribunals especially since the Mechanism “stands as a moral defence against arbitrary justice and mass atrocity”.
RICCARDA CHRISTIANA CHANDA (Switzerland) welcomed the fact that the Stanišić and Simatović case has been brought to a successful conclusion, as well as the continuing efforts in the Kabuga case. The close collaboration between the Mechanism and local authorities contributes to establish the principle of complementarity and national ownership of post-conflict accountability. All States are obliged to cooperate with the Mechanism, including in the arrest and surrender of fugitives, she said, commending the recent arrest of Mr. Kayishema with the support of South Africa. However, the situation of the eight persons acquitted or released and who have been resettled in Niger remains worrying, despite the considerable work of the Mechanism. The work of the Mechanism is essential in preventing the commission of new atrocities, she emphasized, adding that “accountability is a crucial element in turning the page on past conflicts and building a sustainable peace based on reconciliation”. In this respect, she voiced deep concern by the hate speech, glorification of war criminals, historical revisionism and disinformation spreading in the Western Balkans and elsewhere. She also stressed the importance of guaranteeing the protection of witnesses and victims when planning for the future of the Mechanism and ensuring the continuity of its action.
DIARRA DIME LABILLE (France), reaffirming her delegation’s full support for the Mechanism, commended its determination to deliver on its mandate and bring to justice all persons indicted by the ad hoc Tribunals. The Council must support its efforts. The recent delivery of the appeal judgment in the Stanišić and Simatović case marks a crucial stage in the Mechanism’s judicial activity. For the victims, it represents the victory of justice in the face of impunity, 30 years after the creation of the International Tribunal for the former Yugoslavia. She also noted the 6 June decision by the judges of the Trial Chamber that Mr. Kabuga, arrested by France in 2020 and handed over to the Mechanism, was not fit to stand trial and is unlikely to be so in the future. She encouraged the Mechanism to find ways to respond to victims’ quest for justice. Urging all States to cooperate with the Mechanism, she said she regretted that some partners still refuse to do so. It is essential that the remaining fugitives indicted by the International Criminal Tribunal for Rwanda be brought to justice, she stressed, welcoming the arrest of Fulgence Kayishema. Noting the Mechanism’s entry into a phase of residual activities, she also welcomed the President’s intention to develop a completion plan for the Mechanism.
DOMINGOS ESTÊVÃO FERNANDES (Mozambique) pointed out that the maintenance of international peace and security requires the Security Council to assess and improve its ability to provide justice for the most serious crimes. In that regard, the completion of the Stanišić and Simatović case is a historical contribution for victims of genocide crimes. As victims must be at the centre of justice promotion efforts, truth-telling and reconciliation mechanisms must be considered alongside judicial mechanisms. All States must cooperate, including on the enforcement of sentences and the relocation of acquitted and released persons, for the Mechanism to properly undertake its functions. As well, they must comply with their legal obligations for judicial proceedings in progress. Turning to the legacy of ad hoc tribunals and the Mechanism, he stressed that their records management, preservation and access by the public are essential for research purposes and education. This can significantly contribute to combating denial and revisionism, he said, encouraging the Mechanism to continue its efforts to address management challenges related to digital and physical records. His Government looks forward to the recommendation of the Panel on Judicial Functions and will continue to support all of the Mechanism’s endeavours, he noted.
JANE GASU AHETO (Ghana) called on all States to hand over fugitives to enable the completion of the judicial process, while recalling that 153 States have said “no to atrocity crimes” through the Convention on the Prevention and Punishment of the Crime of Genocide. She also urged States to cooperate on enforcement of sentences, adding: “The wheels of justice may sometimes grind slowly; however, it is also our collective responsibility to seek justice.” She expressed regret that relocated persons – who have been acquitted or have completed their sentence – were sent to Niger and are still being kept in a safe house against their will, while this country has withdrawn from its cooperation agreement with the United Nations. Drawing attention to the Mechanism’s challenges in implementing resolution 2529 (2020), she said the lack of liberty of the persons, who have completed their sentences, remains a stain on international justice. Commending the Registrar’s efforts in using diplomatic, political and judicial avenues to resolve some of the challenges, she called on the Council to assist the Mechanism to this end.
MARK A. SIMONOFF (United States) said that the Mechanism has achieved a milestone with the capture and arrest of Fulgence Kayishema, while spotlighting the indispensable role of South Africa to this end. Pointing out that the United States is offering a reward of up to $5 million for the three remaining Rwandan fugitives, he added: “Let Kayishema’s arrest be the message to all those responsible for similar crimes that they cannot escape accountability.” He recognized the significance of the Mechanism’s recent appeals judgment, noting that this final stage involving atrocity crimes committed in the former Yugoslavia closes the chapter in the history of international criminal justice. Turning to the last remaining case pending before the Court, he took note of the Trial Chamber’s latest decision to adopt an alternative finding procedure. He expressed his appreciation of the Mechanism for managing a smooth transition from active case work to focusing on residual court functions, as it enters a new stage, and urged all parties to find a durable solution for the acquitted and released persons.
VICTOR SILVEIRA BRAOIOS (Brazil), underscoring the importance of preserving the legacy of the Tribunals for the former Yugoslavia and Rwanda, said that the Mechanism must envisage the path towards the conclusion of its activities. Noting with satisfaction the establishment of the Panel on Judicial Functions to assess the nature and duration of the Mechanism’s remaining judicial functions, he also welcomed the progress in its remaining core judicial cases. He expressed support to the Trial Chamber’s decision to proceed with evidence hearings even in the face of the conviction impossibility, while noting that this task must be carried out until the last convict passes away or finishes serving their sentence. Underscoring the importance of victim and witness protection until the last member of the immediate family is deceased, he said that convicted persons may also request judicial cases review if new facts arise. Turning to the tracking of fugitives, he commended the Office of the Prosecutor in arresting Fulgence Kayishema and highlighted the need for preserving the Office’s archives.
DARREN CAMILLERI (Malta) welcomed the recent judgment and final convictions in the Stanišić and Simatović case, as well as the arrest of Fulgence Kayishema, citing it as a clear example of how State cooperation is a major contributor to the justice process. The Mechanism continues to make strides in relation to supervising the enforcement of sentences, responding to national requests for assistance, protecting victims and witnesses and tracking the remaining fugitives indicted by the International Criminal Tribunal for Rwanda. Moreover, the careful preparation for the Mechanism to enter into the next phase in its lifecycle – that of being a truly residual mechanism – must be continued. In this regard, the Mechanism will need to continue its work on the enforcement of sentences, preservation of archives, protection of witnesses, and assistance to national jurisdictions. Cooperation is essential in ensuring that the Mechanism can fulfil its mandated functions, he stressed, urging all States to cooperate fully with it in its efforts to arrest and surrender the remaining fugitives. Moreover, he underscored that the continuing situation of the acquitted and released persons who were relocated to Niger in December 2021 requires an urgent solution.
DMITRY S. CHUMAKOV (Russian Federation) welcomed the closure of the detention facility in Arusha and the office in Sarajevo, as well as some reduction in temporary and permanent posts. However, the number of reduced positions does not even reach the Mechanism’s plans that were presented to the Council earlier, he stressed, noting that it should not multiply cases to artificially prolong its existence. ³Ô¹ÏÍøÕ¾ judicial bodies can manage perfectly well. Turning to the recent decision by which Mr. Kabuga was declared unable to stand trial for health reasons, he said that a trial which takes place without the participation of the defendant is not based on the founding documents of the Mechanism, and therefore has a vague status vis-à-vis its practical feasibility. He further underscored that the anti-Serb bias in the decisions of the International Criminal Tribunal for the Former Yugoslavia and the Mechanism cannot be denied, as the vast majority of convicted persons are Serbs. The trial on the Stanišić and Simatović case will probably go down as one of the most protracted and most controversial in the history of international justice, he said, noting that, in 2013, the Trial Chamber of the Tribunal fully acquitted both defendants, since their direct involvement in the tragic events in the territory of the former Yugoslavia was not established. Appeal proceedings followed, resulting in the Appeals Chamber overturning the acquittals and ordering a retrial on 15 December 2015, he noted.
ANDRIS STASTOLI (Albania), voicing his strong support for the Mechanism, noted that it lays the foundations for reconciliation, peace and stability by seeking accountability. While its 31 May ruling expanding the conviction of Mr. Stanišić and Mr. Simatović is a milestone development, the declaration of Mr. Kabuga as unfit to stand trial is regrettable in that it denies justice to the aggrieved. For the Mechanism to deliver justice for thousands of victims and their families, Member States must cooperate fully and in good faith. Serbia, in particular, must execute arrest warrants for Mr. Jojić and Mr. Radeta promptly to ensure that they face justice. The failure to cooperate not only goes against the rulings of the International Tribunal for the Former Yugoslavia but also offends and dishonours the memory of thousands of victims everywhere, not least in Srebrenica, Vukovar and Raçak. It is crucial to fight impunity, incitement to violence and the denial of atrocities, he said, adding that condemning the glorification of war criminals are also critical for preventing a repetition of heinous crimes. For its part, the Council must ensure that the Mechanism receives the resources it needs, he said.
SHINO MITSUKO (Japan), underlining her Government’s commitment to the rule of law and the pursuit of transitional justice, called upon all States to cooperate with the Mechanism. On the recent arrest of Mr. Kayishema, she commended the Prosecutor for his efforts, as well as the important support provided by South Africa, Eswatini, Mozambique and Rwanda. She also expressed hope that the three remaining fugitives will be held accountable in the near future. Regarding the conclusion of the Stanišić and Simatović case, she pointed out that the Council has finally witnessed the completion of its mandate to the International Criminal Tribunal for the Former Yugoslavia. While a fair and legitimate due process requires time, justice also needs to be done as expeditiously as possible for victims and societies. To that end, the Mechanism should advance its proceedings under a clear and reasonable timeline. As well, it should use its accumulated information, evidence and expertise in cooperating with national authorities on their endeavours to end impunity, especially since the Mechanism continues to fulfil a limited but indispensable role to holding those responsible accountable.
GENG SHUANG (China), noting that the Mechanism advanced its judicial work in an orderly manner during the reporting period, voiced his hope that it will continue to carry out its Council-mandated activities and gradually draw down its functions and size. According to relevant Council resolutions, the Mechanism should be a small, temporary and efficient structure, he reminded Members. In that regard, as cases and judicial functions diminish, it should rationally reduce its expenditures and further optimize the allocation of financial resources with a focus on ensuring judicial activities. Practical and effective cooperation between the Mechanisms and countries of concern is of major significance to mandate completion and further progress on its work. Regarding the transfer of cases, the tracking of fugitives and the relocation of those who were acquitted or have completed their sentences, he said he hoped that the Mechanism will work with all relevant parties to step up communications and enhance mutual trust. As well, it should work with parties to accommodate each other’s legitimate concerns and draw upon the successful practices of international criminal tribunals so as to find appropriate solutions and jointly combat impunity.
CHANAKA LIAM WICKREMASINGHE (United Kingdom) stressed that the final convictions of Mr. Stanišić and Mr. Simatović demonstrate the international community’s continued fight against impunity. Similarly, the recent arrest of Mr. Kayishema is a salient reminder of the Mechanism’s ongoing commitment to secure justice. On the decision to deal with Mr. Kabuga’s case by way of an alternative finding procedure, he underlined his Government’s commitment to hold perpetrators to account. While the international trial and appeals processes for the former Yugoslavia and Rwanda are coming to an end, domestic-level processes are still ongoing which all countries must support. In that regard, the continued reports of some States blocking cooperation in the Western Balkans is deeply concerning. It is also high time that Serbia arrest and transfer Mr. Jojić and Mr. Radeta, he said, emphasizing that the Mechanism’s remaining work should be done as efficiently as possible. He then responded to the Russian Federation by pointing out that Mr. Karadžić has not been mistreated but rather subjected to some time-limited, proportionate and lawful restrictions following his misuse of privileges to publish articles pushing political messages, genocide denial and the glorification of war crimes.
HERNÁN PÉREZ LOOSE (Ecuador) noted that since the presentation of its last report, the Mechanism has made important decisions, such as the one made by the Appeals Chamber on the Stanišić and Simatović case, which was a milestone in international justice. Also noting the 6 June decision by the Trial Chamber on the Kabuga case, he stressed how essential it is that all States cooperate with the Mechanism so it can carry out its work. Countries have a collective responsibility to ensure war crimes and acts of genocide do not go unpunished. Regarding the 24 May arrest of Mr. Kayishema in South Africa, he thanked the South African Government for its cooperation. He also encouraged the Mechanism to provide assistance to States so they can ensure accountability for crimes and added his support for the President’s work as the Mechanism transitions from a fully operational Tribunal to a genuinely residual institution. The Mechanism will face many challenges, such as the reduction of staff, protection of witnesses and preservation of its archives. An orderly transition is one of the most effective ways to preserve the legacy of the two Tribunals, he stressed.
GHASAQ SHAHEEN (United Arab Emirates), Council President for June, speaking in her national capacity, recognized the Mechanism’s role in carrying out the residual functions of the International Criminal Tribunals for the former Yugoslavia and Rwanda. In this context, she called on the international community to address the root causes of war crimes, genocide and ethnic cleansing, that fuel hate speech, discrimination and racism. While taking note of the Stanišić and Simatović case’s outcome, she said the United Arab Emirates continue to monitor the progress of the Kabuga case trial proceedings. Emphasizing that States bear the primary responsibility for holding perpetrators accountable, she commended the Mechanism’s ongoing efforts in enhancing effectiveness, efficiency, and workload reduction, while urging it to increase the focus on its future planning. Calling on States – particularly those directly involved – to cooperate with the Mechanism and support its remaining tasks, she observed: “Upholding justice is the most fitting way to honour the victims.”
CLAVER GATETE (Rwanda) expressed appreciation for the cooperation between the Mechanism and his Government, while also welcoming cooperation extended by the law enforcement agencies of South Africa, Mozambique, Eswatini and the United Nations investigators, which led to the recent arrest of Fulgence Kayishema. In this context, the Mechanism has confirmed Rwanda’s ability to conduct genocide trials. Recalling that the Government has recently issued 1,148 indictments against genocide suspects in 33 countries and the Secretariat of the International Criminal Police Organization (INTERPOL), he called upon countries where indictments have been issued to arrest the remaining fugitives. “Justice for the victims and survivors of the genocide against the Tutsis is not merely about prosecution, it is about timely justice,” he said, adding that delays impede the criminals to face trial. Pointing to some States’ reluctance to cooperate, he said: “It is unfortunate that the pace of justice is slowed by a lack of cooperation from some Member States, despite clear Security Council mandates and judiciary instruments urging such cooperation,” he lamented. Such inaction – in the face of the available options for deportation, extraditions or trial – hinders the fight against impunity.
Extending gratitude to the countries that have demonstrated their commitment to justice by extraditing or prosecuting fugitives on their soil, he said their actions reinforced the belief that the pursuit of justice is not insurmountable but merely requires the political will to act. While every April Member States join Rwanda in commemorating the genocide against the Tutsi, when indictments are sent, Rwanda’s appeals are often met with silence. “We need Member States to demonstrate solidarity in our pursuit of justice, as they do when we commemorate,” he stressed, adding that Rwanda and Rwandans have come a long way from the “dark events of 1994”. Prominent figures of genocide and perpetrators, who remain active in the spread of genocide ideology, threaten the hope of a truly peaceful society, he said, urging Member States to make “never again” a reality. “Each day that a fugitive remains free is another day that justice is delayed. Justice delayed is justice denied,” he emphasized.
SVEN ALKALAJ (Bosnia and Herzegovina) stressed the Mechanism’s completion of its remaining work is essential for “rounding up” the historical chapter of international criminal justice. Recalling that his country paid a high and bloody cost to join nations with restored independence, he said that the International Tribunal for the Former Yugoslavia irreversibly changed the landscape of international humanitarian law through its precedent-setting decisions on genocide, war crimes and crimes against humanity. More importantly, it contributed to an indisputable historic record – a crucial element in combating denial and revisionism – on the direct responsibility of Serbian officials for crimes committed in his country. While family members and victims can never see their loves ones again, justice has nevertheless prevailed. “For as long as it is tolerated without consequences, we [become] accomplices in renewed attacks on victims, never allowing for wounds to heal,” he stated, cautioning that such efforts also raise the risk of similar atrocities being committed again.
Turning to the 25 May 1995 shelling which wiped out 71 lives, the youngest of whom was 2-and-a-half years old, he pointed out that Mr. Jojić – who today is a retired general in Serbia – has been avoiding a well-deserved prison sentence. This not only damages the fragile process of rebuilding trust but also perpetuates narratives that go against every civilized norm and principle of humanity, justice and the rule of law. “The day of reckoning is unavoidable,” he proclaimed, emphasizing: “Forgiveness can only come through atonement.” Assistance to the Mechanism in that regard is critically important, especially since the unavailability of suspected or accused persons undermines the general efficiency of courts, propagates impunity and hinders reconciliation processes in the region. For its part, Sarajevo is committed to investigating, prosecuting and punishing all persons responsible for war crimes – regardless of their nationality, ethnicity, religion or affiliation. Spotlighting his Government’s efforts to that end, he also noted its intensified efforts to search for the more than 6,000 persons who remain missing.
NEMANJA STEVANOVIC (Serbia) said with the end of the case, Stanišić and Simatović, started more than two decades ago, there is no longer a single case before the Mechanism concerning serious violations of international humanitarian law in the territory of the former Yugoslavia. Therefore, he said that he expected that the Mechanism will function in the future as designated by resolution 1966 (2010) and confirmed in resolution 2637 (2022) to be a small, temporary and efficient structure whose function and size will diminish over time. Yet in the report, the Mechanism’s President mentioned alleged challenges that undermined the Mechanism’s ability to complete its work, including the case against Petar Jojić and Vjerica Radeta. In that regard, he stressed that there was no need to repeat statements made in previous meetings of the Security Council or the reason for the Mechanism’s decision to deny the transfer of this case. He reminded the Council of the relevant provisions in resolution 2637 (2022) to provide options regarding the transfer of remaining activities in due course.
He also said national judicial authorities in Serbia were able to promote justice and strengthen confidence in national judicial systems and vindicate the Serbian judicial authorities who are ready to take over any case concerning the contempt of court and the ability of giving full testimony. Further, they are able to guarantee the appropriate administration of justice with full respect for the Mechanism and the rights of the victims and the accused, he emphasized. He also his expressed his country’s readiness ensuring that the sentences imposed by the Tribunal will be carried out in Serbia under the supervision of the Mechanism. Further, additional obstacles standing in the way of the Mechanism include the constant refusal to return extensive documentation to his country. Once returned, these documentations would be available to the Mechanism, historians, researchers and judicial authorities. There was no single reason why it was still in the possession of the Mechanism. He also voiced his rejection of any accusations against Serbian authorities of genocidal denial or glorification of war criminals, adding his hope and expectation that the Mechanism would follow the principles of the Charter of the United Nations.
IVAN ŠIMONOVIĆ (Croatia) expressed hope that, although the late Serbian President, Slobodan Milošević, died in detention before his verdict and Jovica Stanišić and Franko Simatović were not convicted for a long list of additional crimes they were involved in, the recent judgment will bring some comfort to the victims and contribute to healing and reconciliation. Also voicing regret over Serbia’s failure to arrest and transfer Petar Jojić and Vjerica Radeta to The Hague, he said intimidation and bribing of witnesses are serious crimes; acting in accordance with the Mechanism’s arrest warrant is a national obligation under Chapter VII of the Charter of the United Nations. He highlighted his country’s commitment to complying with its obligations to non-politicized, evidence-based judicial cooperation with other neighbouring States in matters related to war crimes. He also reported that Croatia is still waiting for Serbia’s response to its invitation to the fourth and final round of negotiations for a bilateral agreement on processing war crimes. Such an agreement would prevent the further misuse of the instrument of mutual legal assistance and help to finally end the harmful practice of initiating politically motivated processes that do not comply with international legal standards.
Glorification of war criminals and the denial of committed crimes – including the genocide in Srebrenica – are unacceptable as they increase the suffering of the victims, hamper reconciliation and destabilize the region, he said, stressing: “They also confuse, if not poison future generations as well.” In this regard, he spotlighted, again, the issue of insufficient cooperation in the tracing of missing persons and mortal remains. Determining the whereabouts of 1,807 missing Croatian citizens is his country’s long-standing priority, but the lack of political will in Serbia to share information and to enable access to archives still remains the greatest obstacle to progress in resolving these cases. Establishing the fate of the missing persons, as well as finding mortal remains and their proper burial are essential for closure and reconciliation, he emphasized. In addition to his call for improved bilateral cooperation, he also urged the Mechanism to prioritize its support for tracing missing persons and mortal remains during its remaining short mandate.
