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Mr. President,
I have the honour to speak on behalf of Canada, Australia and my own country: New Zealand.
At the outset, Canada, Australia and New Zealand wish to reaffirm our strong support for the International Criminal Tribunals for the former Yugoslavia and for Rwanda. Both tribunals have made, and continue to make, a significant contribution towards fulfilling our shared goal of ending impunity for genocide, crimes against humanity, and war crimes.
The jurisprudence of both tribunals forms part of their legacy, and one which other international criminal tribunals, including the International Criminal Court, as well as national courts, will continue to draw on for years to come. By bringing to justice the perpetrators of these most shocking crimes, the Tribunals have helped to strengthen the rule of law and promote long-term stability and reconciliation in the Balkans and in Rwanda, showing that peace and justice can indeed go hand-in-hand.
A key focus for both Tribunals now is the implementation of their completion strategies. Arrest of the indictees who are still at large is a crucial component of those strategies. We note with satisfaction that both Tribunals have secured further arrests during the course of the year, including the transfer of Radovan Karadzic to The Hague. We urge member states to redouble their efforts to expedite the arrest and surrender of the remaining high level fugitives, notably Ratko Mladic and Goran Hadzic, and ICTR indictee, Felicién Kabuga.
CANZ is encouraged by the commitment of both tribunals to implementation of their completion strategies. We welcome the ongoing work on residual issues being done by both the Tribunals themselves and the Security Council informal working group. We acknowledge the many and varied challenges these issues present. We welcome also the increased efficiency measures for the trial and appeal processes. At the same time CANZ acknowledges the difficult balancing act that is required in order to wind down the operations of the Tribunals, while still retaining sufficient staff capacity to deal with the remaining cases in a manner that is consistent with due process.
We note the additional workload placed on both tribunals as a result of the recent arrests. For the ICTR, this has required an adjustment to the projected timeframe for completion of its trials, with the result that the President asked the Security Council for a one-year extension. CANZ urges both tribunals to continue to identify further reforms that will enable them to complete their work as efficiently and promptly as possible.
Referral of cases to national jurisdictions is another key component of the completion strategies. CANZ recognizes that there are a number of benefits in referring cases to the national jurisdictions where the crimes occurred, including the positive ccontribution domestic proceedings can make to national reconciliation processes. Accordingly CANZ welcomes the referral of the remaining mid and low-level accused in the ICTY to the courts of that region.
CANZ also welcomes the steps that Rwanda has taken over recent years to strengthen its national justice system and its capacity to prosecute serious crimes, including Rwanda’s abolition of the death penalty. We encourage Rwanda to continue its efforts and note that while there has not been a referral to Rwanda yet, we hope that further progress will enable this in future.
As we approach the end of the mandates for the Tribunals, the international community will have to reflect on how to address the issue of the prosecution of those subject to outstanding warrants of arrest. The main options include the referral and transfer to national jurisdictions as well as the extension of the ICTR and ICTY mandates. The view of CANZ is clear - a strategy needs to be devised to ensure that impunity is not an option, as this would undermine the significant gains of the last two decades. Our overarching concern is to avoid impunity for these crimes.
CANZ welcomes the work that both tribunals are doing on residual issues in the context of the completion strategy. A number require careful consideration. These include how to deal with the enforcement of sentences, the preservation and protection of archives, the monitoring of cases referred, issues relating to protected and relocated witnesses, as well as possible future applications by convicted persons, for example, for review of their cases on the basis of newly discovered facts. These issues present practical challenges that require the development of principled but effective mechanisms. CANZ encourages further discussion amongst the international community on the potential benefits of joint approaches to residual issues for the ICTR, ICTY and other ad hoc international tribunals.
The ICTY and ICTR continue to contribute significantly to the fight against impunity. The successful completion of their work relies on cooperation and support from all states. We call upon states to give practical effect to their commitment to an effective system of international criminal justice. For our part, Canada, Australia, and New Zealand will continue to offer the tribunals our full support and cooperation in this closing, but vital, stage of their existence.
Thank you, Mr. President
