Statement by Canada, Australia and New Zealand to the sixth committee of the United Nations General Assembly Regarding the reports of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda
12 October 2007
(As delivered)
Mr. President,
I have the honour to speak on behalf of Australia, New Zealand and Canada.
Allow me to begin by paying tribute to the International Criminal Tribunals for the former Yugoslavia and Rwanda. Their work has contributed to ensuring greater accountability for those who commit war crimes, crimes against humanity and genocide. In doing so, they have developed a body of jurisprudence on multiple questions of international criminal law that is unprecedented. These two international criminal tribunals paved the way for other international criminal tribunals, including the International Criminal Court.
Both tribunals are scheduled to end their pending trials in the next two years. CANZ is encouraged by the attention being given by each Tribunal to its completion strategy, and we welcome the reappointments of the Prosecutors Hassan Jallow and Carla Del Ponte, who will continue to lend their expertise and knowledge of the courts as they complete their work.
CANZ fully supports the implementation of the completion strategies of both tribunals. We also welcome efforts to refer cases involving intermediate and lower-ranking accused to national jurisdictions as part of the Tribunals’ completion strategy. In this regard, we would note that all referred cases should be conducted in full compliance with the highest standards of due process. We encourage the international community to help strengthen national justice systems, where required, in support of the overall completion strategy. With respect to national justice systems, we especially welcome Rwanda’s decision to formally abolish the death penalty which will further enhance the development of human rights.
In order for the Tribunals to complete their work, however, it is imperative that all remaining indictees be surrendered. We note with satisfaction that this past year has seen the arrest and transfer of Vlastimir Ðorđević and Zdravko Tolimir to the ICTY. More must be done, however, including the immediate surrender of Radovan Karadzic, Ratko Mladic and Felicien Kabuga. States that continue to provide protection to these fugitives from international justice undermine not only our common fight against impunity, but their own commitment to the rule of law.
As the Tribunals begin implementing their completion strategies, increasing attention will need to be paid to so-called “residual issues” – the important, practical and sometimes complex question of what judicial and other activities will need to carry on once the last indictee has been tried. In this regard, we note with appreciation the plans for a study on the future of the archives of the Tribunals. CANZ encourages the Tribunals to make tackling these issues a priority, and to work in close cooperation with other international criminal courts, such as the Special Court for Sierra Leone, in order to share ideas and experience.
Mr. President, Australia, New Zealand and Canada are strong supporters of the ICTY and ICTR and will continue to lend them their assistance as they lead the way towards enhanced accountability for international crimes. We call on all States to cooperate with the Tribunals in their continuing operations and in their efforts to successfully complete their work within the agreed timeframes. The Tribunals have accomplished a great deal, but they cannot do it without our support.
Thank you