Identifier
Created
Classification
Origin
06USUNNEWYORK1180
2006-06-09 19:47:00
UNCLASSIFIED
USUN New York
Cable title:
ICTY/ICTR PRESIDENTS, PROSECUTORS BRIEF SECURITY
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UNCLAS USUN NEW YORK 001180
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: AORC ICTY KJUS UNSC ICTR
SUBJECT: ICTY/ICTR PRESIDENTS, PROSECUTORS BRIEF SECURITY
COUNCIL
REF: A. STATE 92037
B. 2005 USUN 2911
UNCLAS USUN NEW YORK 001180
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: AORC ICTY KJUS UNSC ICTR
SUBJECT: ICTY/ICTR PRESIDENTS, PROSECUTORS BRIEF SECURITY
COUNCIL
REF: A. STATE 92037
B. 2005 USUN 2911
1. BEGIN SUMMARY: The Presidents of and Prosecutors for the
International Criminal Tribunal for the former Yugoslavia
(ICTY) and the International Criminal Tribunal for Rwanda
(ICTR) briefed the Security Council June 7 on their progress
toward implementation of the Completion Strategy of the
respective tribunals. All Council members spoke, after which
Serbia and Rwanda intervened. Note: Serbia participated for
the first time as the continuation of Serbia and Montenegro.
Montenegro is now seeking UN membership.
2. Common themes included a call for states to transfer
Ratko Mladic, Radovan Karadic, and Felicien Kabuga to the
tribunals, as well as support for referrals to local courts,
consistent with appropriate safeguards, measures to enhance
the tribunals' efficiency, and efforts to help develop local
judicial institutions. In its intervention, Serbia defended
its cooperation with the ICTY and called on the ICTY to refer
cases to Serbian courts. Rwanda stressed four priority areas
for the ICTR, including the need to transfer cases and those
convicted to Rwanda to serve their sentences. The briefings
by the Presidents and Prosecutors and the individual country
statements, as available, have been sent electronically to
S/WCI, Embassy-The Hague, and L/AN. END SUMMARY.
--------------
Presidents' and Prosecutors' Briefings
--------------
3. In their remarks, ICTY President Fausto Pocar and ICTR
President Erik Mose highlighted issues including their
respective tribunal's judicial activities, efforts to
implement each tribunal's Completion Strategy, and referral
of cases to competent national jurisdictions. Pocar said the
ICTY's trials would continue into 2009. Finishing by then
might be possible, he said, provided the trials of multiple
defendants run smoothly, cases referred -to the former
Yugoslavia are not referred back to the ICTY, indictments
become more focused, and Mladic, Karadic, and the four other
remaining high-level fugitives are transferred to the ICTY
soon. In his briefing on the ICTR, Mose expressed confidence
that the tribunal could conclude the cases of all indictees
currently in detention by 2008, but called the arrest of
fugitives and referral of cases to national jurisdictions
remaining challenges.
4. Pocar also summarized developments following the deaths
of Milan Babic and Slobodan Milosevic since his March 31
videoconference, on that subject, with the Council. The ICTY
has established a Working Group to follow up on the
recommendations of the general audit report of the United
Nations Detention Unit (UNDU),conducted by Swedish
authorities, and the ICTY's internal inquiry into Milosevic's
death, he reported. Pocar also announced that the Dutch
authorities concluded their investigation into Babic's death,
finding no evidence of criminal conduct.
5. ICTY Prosecutor Carla Del Ponte and ICTR Prosecutor
Hassan Jallow also reviewed accomplishments and highlighted
remaining challenges, particularly in securing cooperation
leading to the transfer of indicted fugitives. Of the two,
Del Ponte delivered the more pointed statement. After
discussing her efforts to increase the tribunal's efficiency,
Del Ponte criticized the ICTY's new rule permitting a trial
chamber to direct the Prosecutor to reduce the counts in an
indictment. The rule could be interpreted only as "advisory
in nature," she said, calling the Security Council the only
body with authority to modify the ICTY statute and citing the
statute's guarantees of prosecutorial independence. Reducing
one or several counts may "seriously undermine" the
prosecution's case, she argued, eventually leading to
impunity for certain crimes. She cited Srebrenica to
illustrate her concerns, asking how she could justify
presenting "only half of the picture of the brutal crimes"
that occurred.
6. Del Ponte also stressed the need to secure the arrest and
transfer of Karadic and Mladic, expressing particular
frustration with Serbia's cooperation with the ICTY
concerning Mladic. She also complained of a lack of movement
on transferring Vlastimir Djordjevic and "long and
unexplained delays" in the transfer of Dragan Zelenovic.
Those delays call into question the Russian Federation's
cooperation with the ICTY, she said. In concluding, Del
Ponte suggested that the Council should give the prosecutor's
office the power to arrest indictees, because states have
proven unwilling to do so.
7. Jallow stressed the tribunal's challenges in securing the
transfer of fugitives and referring cases to national courts.
A top priority remains securing the arrest and transfer of
Felicien Kabuga, and the Kenyan government's full cooperation
in Kabuga's case should be encouraged, he said. The referral
of indictees to national courts remains "slow and
challenging," he said, calling inadequate judicial capacity a
key obstacle to referrals. He urged states to help build the
capacity of Rwanda and other states to accept transferred
cases.
--------------
Russian Criticism
--------------
8. Russian PermRep Vitaly Churkin devoted most of his
intervention to criticizing the ICTY. He questioned the
ICTY's response to the deaths of Babic and Milosevic and
criticized the ICTY for failing to respond adequately to a
list of questions Russia provided concerning those deaths.
Churkin called the ICTY's decision not to release Milosevic
for treatment in Moscow "a serious error" and said Prosecutor
Carla del Ponte's "tactless" statement following Milosevic's
death had "shocked" the Russian public.
9. Churkin then rejected the ICTY President and Prosecutor's
negative assessment of Russia's cooperation with the
tribunal. The whereabouts of Vlastimir Djordjevic are not
confirmed, he said, and Zelenovic remains in a pre-detention
facility. Finally, Churkin warned against engaging in
"policies of legal fantasies" by granting Prosecutor Del
Ponte's request for authorization to arrest indictees.
--------------
Serbia Defends its Cooperation
--------------
10. Zoran Loncar, Minister for Public Administration and
Local Self-Government of the Republic of Serbia, argued that
Serbia "has expressed full readiness and a clear political
commitment to successfully complete its cooperation with the
ICTY." He commented that most indictees were surrendered to
the ICTY at a time marked by "understanding and (an)
atmosphere of partnership," which "yields best results." The
harboring of Mladic "directly threatens the national and
State interest of Serbia," he said, emphasizing that the
Serbian government had done "absolutely everything in its
power" to find Mladic and transfer him to the ICTY.
11. Loncar also called on the ICTY to transfer cases to
Serbian courts. He argued that trials before domestic courts
would help realize the goals of the ICTY and help prevent
perceptions that the trial was biased.
--------------
Rwanda Identifies Areas Needing Progress
--------------
12. Rwandan Charge d'Affaires Nicholas Shalita identified
four areas in which progress is essential in the next few
months. First, indicted fugitives such as Felicien Kabuga
and Augustine Ngirabatware must be brought to justice at the
ICTR. Second, the ICTR should refer trials to Rwanda, which
would help "eradicate the culture of impunity and promote
reconciliation." The Rwandan government has drafted new
legislation to prepare for these transfers, which addresses
procedural issues, waives the death penalty, and creates
Special Chambers, he reported. Third, the ICTR must transfer
all ICTR convicts to serve their sentences in Rwanda.
Fourth, the Completion Strategy should incorporate the
transfer of all court documents and materials to Rwanda,
where they could become the heart of a research and
educational center that would help raise awareness and
prevent genocide in Rwanda and elsewhere.
--------------
SC Resolution
--------------
13. Many Security Council members expressed support for the
draft resolution (ref A) extending the terms of the ICTR
judges. The Security Council President indicated that the
Council intends to adopt the resolution in the near future.
MILLER
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: AORC ICTY KJUS UNSC ICTR
SUBJECT: ICTY/ICTR PRESIDENTS, PROSECUTORS BRIEF SECURITY
COUNCIL
REF: A. STATE 92037
B. 2005 USUN 2911
1. BEGIN SUMMARY: The Presidents of and Prosecutors for the
International Criminal Tribunal for the former Yugoslavia
(ICTY) and the International Criminal Tribunal for Rwanda
(ICTR) briefed the Security Council June 7 on their progress
toward implementation of the Completion Strategy of the
respective tribunals. All Council members spoke, after which
Serbia and Rwanda intervened. Note: Serbia participated for
the first time as the continuation of Serbia and Montenegro.
Montenegro is now seeking UN membership.
2. Common themes included a call for states to transfer
Ratko Mladic, Radovan Karadic, and Felicien Kabuga to the
tribunals, as well as support for referrals to local courts,
consistent with appropriate safeguards, measures to enhance
the tribunals' efficiency, and efforts to help develop local
judicial institutions. In its intervention, Serbia defended
its cooperation with the ICTY and called on the ICTY to refer
cases to Serbian courts. Rwanda stressed four priority areas
for the ICTR, including the need to transfer cases and those
convicted to Rwanda to serve their sentences. The briefings
by the Presidents and Prosecutors and the individual country
statements, as available, have been sent electronically to
S/WCI, Embassy-The Hague, and L/AN. END SUMMARY.
--------------
Presidents' and Prosecutors' Briefings
--------------
3. In their remarks, ICTY President Fausto Pocar and ICTR
President Erik Mose highlighted issues including their
respective tribunal's judicial activities, efforts to
implement each tribunal's Completion Strategy, and referral
of cases to competent national jurisdictions. Pocar said the
ICTY's trials would continue into 2009. Finishing by then
might be possible, he said, provided the trials of multiple
defendants run smoothly, cases referred -to the former
Yugoslavia are not referred back to the ICTY, indictments
become more focused, and Mladic, Karadic, and the four other
remaining high-level fugitives are transferred to the ICTY
soon. In his briefing on the ICTR, Mose expressed confidence
that the tribunal could conclude the cases of all indictees
currently in detention by 2008, but called the arrest of
fugitives and referral of cases to national jurisdictions
remaining challenges.
4. Pocar also summarized developments following the deaths
of Milan Babic and Slobodan Milosevic since his March 31
videoconference, on that subject, with the Council. The ICTY
has established a Working Group to follow up on the
recommendations of the general audit report of the United
Nations Detention Unit (UNDU),conducted by Swedish
authorities, and the ICTY's internal inquiry into Milosevic's
death, he reported. Pocar also announced that the Dutch
authorities concluded their investigation into Babic's death,
finding no evidence of criminal conduct.
5. ICTY Prosecutor Carla Del Ponte and ICTR Prosecutor
Hassan Jallow also reviewed accomplishments and highlighted
remaining challenges, particularly in securing cooperation
leading to the transfer of indicted fugitives. Of the two,
Del Ponte delivered the more pointed statement. After
discussing her efforts to increase the tribunal's efficiency,
Del Ponte criticized the ICTY's new rule permitting a trial
chamber to direct the Prosecutor to reduce the counts in an
indictment. The rule could be interpreted only as "advisory
in nature," she said, calling the Security Council the only
body with authority to modify the ICTY statute and citing the
statute's guarantees of prosecutorial independence. Reducing
one or several counts may "seriously undermine" the
prosecution's case, she argued, eventually leading to
impunity for certain crimes. She cited Srebrenica to
illustrate her concerns, asking how she could justify
presenting "only half of the picture of the brutal crimes"
that occurred.
6. Del Ponte also stressed the need to secure the arrest and
transfer of Karadic and Mladic, expressing particular
frustration with Serbia's cooperation with the ICTY
concerning Mladic. She also complained of a lack of movement
on transferring Vlastimir Djordjevic and "long and
unexplained delays" in the transfer of Dragan Zelenovic.
Those delays call into question the Russian Federation's
cooperation with the ICTY, she said. In concluding, Del
Ponte suggested that the Council should give the prosecutor's
office the power to arrest indictees, because states have
proven unwilling to do so.
7. Jallow stressed the tribunal's challenges in securing the
transfer of fugitives and referring cases to national courts.
A top priority remains securing the arrest and transfer of
Felicien Kabuga, and the Kenyan government's full cooperation
in Kabuga's case should be encouraged, he said. The referral
of indictees to national courts remains "slow and
challenging," he said, calling inadequate judicial capacity a
key obstacle to referrals. He urged states to help build the
capacity of Rwanda and other states to accept transferred
cases.
--------------
Russian Criticism
--------------
8. Russian PermRep Vitaly Churkin devoted most of his
intervention to criticizing the ICTY. He questioned the
ICTY's response to the deaths of Babic and Milosevic and
criticized the ICTY for failing to respond adequately to a
list of questions Russia provided concerning those deaths.
Churkin called the ICTY's decision not to release Milosevic
for treatment in Moscow "a serious error" and said Prosecutor
Carla del Ponte's "tactless" statement following Milosevic's
death had "shocked" the Russian public.
9. Churkin then rejected the ICTY President and Prosecutor's
negative assessment of Russia's cooperation with the
tribunal. The whereabouts of Vlastimir Djordjevic are not
confirmed, he said, and Zelenovic remains in a pre-detention
facility. Finally, Churkin warned against engaging in
"policies of legal fantasies" by granting Prosecutor Del
Ponte's request for authorization to arrest indictees.
--------------
Serbia Defends its Cooperation
--------------
10. Zoran Loncar, Minister for Public Administration and
Local Self-Government of the Republic of Serbia, argued that
Serbia "has expressed full readiness and a clear political
commitment to successfully complete its cooperation with the
ICTY." He commented that most indictees were surrendered to
the ICTY at a time marked by "understanding and (an)
atmosphere of partnership," which "yields best results." The
harboring of Mladic "directly threatens the national and
State interest of Serbia," he said, emphasizing that the
Serbian government had done "absolutely everything in its
power" to find Mladic and transfer him to the ICTY.
11. Loncar also called on the ICTY to transfer cases to
Serbian courts. He argued that trials before domestic courts
would help realize the goals of the ICTY and help prevent
perceptions that the trial was biased.
--------------
Rwanda Identifies Areas Needing Progress
--------------
12. Rwandan Charge d'Affaires Nicholas Shalita identified
four areas in which progress is essential in the next few
months. First, indicted fugitives such as Felicien Kabuga
and Augustine Ngirabatware must be brought to justice at the
ICTR. Second, the ICTR should refer trials to Rwanda, which
would help "eradicate the culture of impunity and promote
reconciliation." The Rwandan government has drafted new
legislation to prepare for these transfers, which addresses
procedural issues, waives the death penalty, and creates
Special Chambers, he reported. Third, the ICTR must transfer
all ICTR convicts to serve their sentences in Rwanda.
Fourth, the Completion Strategy should incorporate the
transfer of all court documents and materials to Rwanda,
where they could become the heart of a research and
educational center that would help raise awareness and
prevent genocide in Rwanda and elsewhere.
--------------
SC Resolution
--------------
13. Many Security Council members expressed support for the
draft resolution (ref A) extending the terms of the ICTR
judges. The Security Council President indicated that the
Council intends to adopt the resolution in the near future.
MILLER