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I would like to join other members in thanking Judge Meron of the International Tribunal for former Yugoslavia, Judge Joensen of the International Criminal Tribunal for Rwanda, Mr. Serge Brammerz (Prosecutor, ICTY) and Mr. Hassan B. Jallow (Prosecutor ICTR, and ICTR/ICTY Residual Mechanism) for their comprehensive statements.
Let me at the outset reiterate Pakistan’s complete support for the important work of the two tribunals.
We have noted the progress in the completion strategies of the ICTR and ICTY during the period covered by the latest reports of the Presidents and Prosecutors of the two Tribunals. We note that during the last six months, the Tribunals continued to engage in trial proceedings, appeal proceedings, drafting judgments, and referring cases to domestic jurisdictions. We appreciate that during the reporting period, the Tribunals continued to contribute to procedural and evidentiary international criminal law in a professional manner.
Mr. President,
We have also noted efforts made by the Tribunals with regard to their work to ensure that the International Residual Mechanism for Criminal Tribunals could commence its activities on July 1, 2012. We appreciate the role of the Tribunals in the preparation of joint budget and the work on the rules of procedure of the Residual Mechanism.
We recognize difficulties in the assignment of work to judges, and staff management, in the process of winding down the work of the Tribunals. The recruitment of workers and retention of staff with institutional memory of cases continue to pose major challenges to the work of Tribunals in the completion process. We support the idea of providing sufficient resources to the Tribunals for making it possible for them to complete their work in a timely manner. As the lack of experienced staff could cause additional delays in the completion of Tribunals’ work, it would be logical to consider innovative strategies like retention incentives, as appropriate, on a case by case basis.
While there are no outstanding fugitives under the jurisdiction of ICTY after the arrest of Ratko Mladic and Goran Hadzic in 2011, it is a matter of concern that there are (nine) persons indicted by the ICTR who still remain at large. We hope that with the cooperation and efforts of relevant Member States, the ICTR would be able to arrest and hold accountable the remaining fugitives. Their arrest would go a long way in meeting completion strategy targets and reducing the burden of the Residual Mechanism.
Mr. President,
The cooperation of Member States would also be helpful in the referral of cases to national jurisdictions and transfer of individuals who have either been convicted or acquitted, or have served their sentences, to relevant countries where family members of those individuals are located. We have noted that the ICTR President and Registrar have been making efforts to find host States for some acquitted persons who are under the Tribunal’s protection. The issue of relocation of acquitted persons, in particular, has assumed urgency in view of the imminent closure of the Tribunal. We call upon all those States which are in a position to do so to show political will and consider positively the Tribunals’ request for more support and cooperation.
Mr. President,
It is essential to preserve the legacy of the Tribunals because of their contribution to the fields of international humanitarian law and legal doctrine. Decisions of Tribunals have led to the jurisprudence which would influence the fight against impunity and the future of global justice. In this context, we note with appreciation that the ICTR Legal library has compiled a special bibliography containing all relevant literature on the work of the Tribunal. The Global Legacy Conference of ICTY in November 2011 to study the impact of the Tribunal’s work on international criminal procedure and International Humanitarian Law was also a step in the right direction.
Thank you.