EU-anförande om internationella domstolar i Rwanda och fd Jugoslavien i FN:s generalförsamling. Talet framfördes av FN-ambassadör Anders Lidén.

EU-statement on the report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens Responsible for Genocide and Other Such violations between 1 January and 31 December 1994 and the report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (Agenda items 73 and 74).
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Mr President,

I have the honour to speak on behalf of the European Union. The Candidate Countries Croatia* and the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Montenegro and Bosnia and Herzegovina, as well as the Republic of Moldova, Armenia and Georgia align themselves with this statement.

Mr President,

This year, once again, the European Union reaffirms its unwavering support for the work of the International Criminal Tribunals for Rwanda and the former Yugoslavia.

As Judge Patrick L. Robinson, President of the International Criminal Tribunal for the former Yugoslavia (ICTY) and Judge Charles Michael Dennis Byron, President of the International Criminal Tribunal for Rwanda (ICTR), have just shown in their presentations, these Tribunals are making invaluable contributions towards our shared goal of ending impunity for serious international crimes. The European Union thanks both of them for their excellent reports and commends them for their efforts to successfully complete the work of the Tribunals. The European Union would like to pay special tribute to the relentless work of all the staff of the Tribunals.

Mr President,

Since the establishment of the Tribunals they have served as an inspiration to the international community by refusing  to let perpetrators of heinous crimes escape justice. This sends a clear signal that war crimes, genocide or crimes against humanity will not go unpunished and fosters a culture of accountability. The Tribunals have played key roles in strengthening the rule of law and promoting long-term stability and reconciliation not only in the Balkans and Rwanda. Their work has had far wider effects than that.

The Tribunals have been forerunners and ground breakers in their development of case law and jurisprudence, making invaluable contributions to international humanitarian law and international criminal law. Their contributions span from making essential definitions regarding the reach of international humanitarian law to the important finding that rape and sexual violence with the intent to destroy a protected group as such can constitute genocide.

The work of these two Tribunals has shown that international criminal law is an enforceable body of law. This has contributed to and accelerated the elaboration and adoption of the Rome Statute of the International Criminal Court (ICC) in 1998, to which the EU reaffirms its strong commitment. Neither the Tribunals, nor the ICC, were ever intended to replace national courts. This principle has guided them and the international community also to engage actively in the strengthening of national judicial systems.

In recognition of strengthened domestic capacity, the UN Security Council in resolutions 1503 (2003) and 1534 (2004) called on the ICTY and ICTR to transfer all lower and mid-level accused back to competent national jurisdictions in the region for trial by domestic courts. The ongoing strengthening of the Rwandan legal system and its ability to adjudicate cases from the ICTR will hopefully permit the ICTR to transfer such defendants to the Rwandan courts and thus allow the Tribunal to fulfil its completion strategy. These strengthening efforts have been fully supported by the European Union. We note with appreciation the efforts made by Rwanda to meet the demands regarding the right to a fair trial.

Mr President,

Despite continuing appeals of the international community thirteen accused remain at large, two indicted by the ICTY and eleven indicted by the ICTR. The failure to arrest these accused remains a grave concern to the European Union. Among those still at large are key indictees allegedly responsible for the most serious atrocities, such as Ratko Mladić and Félicien Kabuga.

The EU commends the cooperation of the Ugandan authorities and Interpol which led to the very recent arrest and transfer to ICTR of one of the top accused who is facing multiple charges of genocide and crimes against humanity. While there are many commendable instances of cooperation, the European Union continues to urge all States to cooperate immediately and unconditionally with both Tribunals in full adherence with their obligations under the relevant UN Security Council resolutions regarding the arrest and surrender of remaining fugitives, and the transfer of any documents requested by the Prosecutor.

The European Union remains committed to ensuring that all indictees face justice. The EU would like to recall that cooperation with the ICTY is essential in relation to the EU stabilization and association process.

The EU encourages States to conclude agreements on the enforcement of sentences and on the relocation of witnesses, indispensable for the effective implementation of the Tribunals’ work.

Mr President,

The Tribunals are approaching the end of their work. They were not intended to be permanent and will cease to exist when the Security Council deems that the work for which they were set up has been accomplished. We are looking forward to that moment, as it will mark the end of the Tribunals’ mission and confirm their undisputed success.

The European Union takes note of the estimated delay of the original completion strategy deadlines due to a number of factors, including the late capture and transfer of fugitive indictees.  The EU urges the Tribunals to continue to identify further measures to complete their work as efficiently and promptly as possible. We acknowlede the importance for the Tribunals to be granted appropriate resources to enable them to complete the proceedings as soon as possible without compromising due process.

The European Union is committed to preserving the legacy of the Tribunals after their closure. As already stated, their contribution has not been limited to the development of case law. Their practice and experience on how to prosecute and prevent crimes against humanity, genocide and war crimes have been equally extensive and should be transferred to international and national jurisdictions.

The European Union therefore much welcomes the publication of the ICTY, assisted by the United Nations Interregional Crime and Justice Research Institute, of a manual of its developed practices for the use by other domestic and international courts. We also welcome the report in collaboration between the ICTY, OSCE
and the United Nations on the capacity building needs of the local judiciaries dealing with war crimes proceedings in the region.

The EU further welcomes the work on residual issues of the Informal Working Group of the Security Council on International Tribunals, including to identify functions that need to continue after the two Tribunals have completed their work. We highly value the open and transparent discussions under Austrian chairmanship on these issues. The EU fully supports the establishment of mechanisms to deal with residual functions. We stand ready to work with the Council to find the most appropriate, cost-effective solutions to the residual as well as the legacy issues.

I thank you, Mr President.

* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process