INTERNATIONAL CRIMINAL TRIBUNALS OFFICIALS ADDRESS

UNCLAS USUN NEW YORK 001176 SIPDIS E.O. 12958: N/A TAGS: KJUS UNSC ICTY ICTR PREL SUBJECT: INTERNATIONAL CRIMINAL TRIBUNALS OFFICIALS ADDRESS SECURITY COUNCIL REF: A. REF A STATE 129977 ¶B. REF B STATE 130271 ¶1. Summary. The Presidents and Prosecutors of the International Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) reported to the UN Security Council progress made on prosecutions and administrative matters. Tribunal officials focused on efforts to move forward on the strategy for completion of their work and development of plans for dealing with residual issues after the end of the Tribunals' mandate. Prosecutors called for assistance from member states in bringing the remaining fugitives to justice. The Council adopted a resolution (SC RES 1849 (2008)) which permits a temporary increase in the number of ad litem judges at the ICTY. (speeches faxed to S/WCI). End Summary. ¶2. Newly elected Yugoslav Tribunal President Patrick Robinson (Jamaica) gave his first report to the Council. Judge Robinson described the status of cases and steps the court has taken to expedite cases and streamline proceedings. He also discussed referral of cases to national jurisdictions, including ten to Bosnia, two to Croatia and one to Serbia. Robinson referred to the visit of Council experts to the Tribunal and the interaction between them and the judges in dealing with "legacy" issues that will survive the windup of the Tribunals, such as the disposition of archives. Judge Byron of the ICTR discussed the use of ad litem judges in order to achieve the goals of the completion strategy. "Business as usual is not an option," he said. ¶3. The Tribunal Prosecutors, Serge Brammertz (ICTY) and Hassan Jallow (ICTR) also focused on implementation of the Tribunal's completion strategy. Brammertz reported that the ICTY is currently prosecuting 26 individuals in seven trials and that two fugitives remain at large - Ratko Mladic and Goran Hadzic. He said that their arrest remains the highest priority and to fulfill the mandate of the Tribunal, they must be arrested and brought to trial as soon as possible. Brammertz noted that he remains concerned about problems of witness interference and intimidation. He said that Croatia has responded to most requests for assistance but the Tribunal continues to seek access to key documents and archives in the Gotovina case. Serbia's co-operation has, he said, significantly improved. ¶4. In a scolding tone, however, the UK criticized Croatia saying that although the UK applauds the apprehension of Gotovina, it regrets that Croatia has not provided requested documents to the Tribunal. They said that, cooperation with the Tribunal is not only mandated by the Council under its Chapter VII resolutions, but is also a key condition for all countries of the Western Balkans for their successful integration into the European Union. The Croats, current SC President, responded that Croatia remains committed to full and unequivocal co-operation with the ICTY. The Croatian government has delivered over 2,000 documents. He said that intense co-operation does exist and will continue. ¶5. Most other Council members made positive remarks about the Tribunals and their co-operation with the completion strategy. The French said that everything must be done to close the Tribunals' operations but this must be done in the context of management of their legacy so that there will be no impunity for criminals at large. (The full transcript of the meeting can be found in S/PV.6041) ¶6. ICTR Prosecutor Jallow noted significant developments at that Tribunal, including the recent conclusion of all the multi-accused cases, except one (Karemera). He complained, however, that there is no indication of any steps taken by the Government of Kenya - other than an earlier seizure of property - to implement recommendations in respect of Felicien Kabuga. The Kenyans responded that "should Mr. Kabuga ever be found on Kenyan soil, he will likewise be apprehended and surrendered to the Tribunal." They added that the search for Kabuga should be expanded to other areas where he may be living comfortably. Khalilzad