Summary: October 28, 2002: Statement by Ms. Mette Nørgaard Dissing, First Secretary, Permanent Mission of Denmark to the UN, on behalf of the European Union. 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 Committed in the Territory of Neighbouring States between 1 January and 31 December 1994. FIFTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY - PLENARY: Item 46 (New York)
Mr. President,
I am honoured to speak on behalf of the European Union. The countries of Central and Eastern Europe associated with the European Union - Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia, and the Associated Countries - Cyprus, Malta and Turkey, as well as the EFTA Countries of the European Economic Area - Iceland and Liechtenstein, align themselves with this statement
Mr. President,
The European Union would like to once again express its strong support for the International Criminal Tribunal for Rwanda. The Tribunal has continued its work to ensure that crimes against international humanitarian law, and in particular the crime of genocide, will not go unpunished. Together with the Tribunal for the Former Yugoslavia, the Tribunal for Rwanda serves as an example of the determination of the international community to combat impunity. Under no circumstances shall perpetrators
of serious violations of international humanitarian law enjoy impunity, no matter their rank, position or citizenship.
The impact of the Tribunals will go far beyond the cases under their jurisdiction. Their pioneering work, not least in prosecuting individuals for the crime of genocide, and the decision that crimes of sexual violence are war crimes within their jurisdiction, has paved the way for the International Criminal Court - the first permanent international structure to combat impunity for the most serious crimes that are of concern to the international community as a whole.
Mr. President,
The European Union thanks the President of the Tribunal for her annual report. The report illustrates the progress made and draws to our attention ways and means to further improve the work of the Tribunal. The fact that no first instance judgments have been rendered since we last discussed this agenda item in the General Assembly is a painful reminder of the necessity of these improvements.
The European Union notes with interest the introduction of a multiple trials system, by which each Trial Chamber conducts three trials at the same time in phases of two to six weeks per trial. This system is only one of a number of initiatives taken on first instance and appeals level in order to speed up and improve the work of the Tribunal. We support the Chambers in their continued dedicated work in this respect.
The adoption by the Security Council of resolution 1431 (2002) two months ago is yet another step on the path towards a more efficient Tribunal. The resolution enables the creation of a pool of 18 ad litem judges and will significantly enhance the Tribunals capacity to decide within reasonable time on the cases before it. The European Union is, however, deeply concerned that the Security Council has found it necessary to extend the deadline for nominations for replacement or re-election
of the Tribunal's full-time judges by an additional two months in an attempt to reach the minimum requirement of 22 nominations. We urge all Member States to consider nominating qualified candidates in order to reach the mandated minimum.
As regards the Office of the Prosecutor, the European Union notes with interest the revised investigation programme by which the estimated number of new investigations has been reduced dramatically from 136 to 16 individuals. This reduction brings the number of outstanding indictments to 26, which the Prosecutor intends to submit for confirmation by 2004. A further 40 cases are envisaged as being transferred to other jurisdictions. We appreciate that this represents a more realistic programme
enabling the Tribunal to complete its first instance trials by 2008.
Since assuming office in March 2001, the Registrar has given priority to a reform of the legal aid programme and taken much-desired steps to avert abuses of the system, most notably fee-splitting between the defence counsel and the accused. However, the European Union remains concerned at the absence of checks on the size of Defence teams and of the extravagant fees paid, highlighted in the recent Auditors' report. The European Union commends the Registrar for improved disciplines introduced to
date and urges him to continue in this spirit.
Mr. President,
The cooperation of States with the Tribunal has generally been good. The European Union encourages all States concerned to continue along these lines. The recent divergences between the Tribunal and the Rwandan Government are a source of deep concern. We strongly urge the Rwandan Government to comply fully with its international obligations to cooperate with the Tribunal and to deliver all information asked by it, regardless of the persons or institutions concerned.
Mr. President,
Since its establishment, the Tribunal has encountered significant difficulties. The European Union has on many occasions voiced its concern in this regard. We are pleased to see the Tribunal now showing signs of improvement. It is our sincere hope that the various measures taken will enhance its work, so that substantial progress will be shown in the next annual report.
We thank all members of the Tribunal for resolutely pursuing this objective. Their action to further the causes of justice, peace and national reconciliation is essential. We wish to conclude this statement by assuring them of the European Union's wholehearted support.
Thank you, Mr. President.
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