Summary: November 26, 2001: Statement on behalf of the European Union by M. Evert Marechal, Permanent Representation of Belgium to the United Nations. 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 (New York)
Mr. President,
I am honored to speak on behalf of the European Union. The countries of Central and Eastern Europe associated with the European Union, Bulgaria, Estonia, Hungary, Latvia, Lithuania, the Czech Republic, Poland, Romania, Slovakia and Slovenia as well as the associated countries of Cyprus, Malta and Turkey align themselves with this statement.
Without any doubt, the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993 has marked a significant step forward in international criminal law and has opened up an entirely new field of UN action. While expectations were high, enormous practical and political difficulties stood in the way. Nor did some observers at the time hide their skepticism regarding the tribunal's chances of success.
Today, thanks to the unremitting efforts of its staff and the determined support of the international community, the Tribunal is fully operational and has become a key factor in the pacification and stabilization of the Balkans region. Its legitimacy is now universally recognized. The arrest and subsequent transfer to The Hague of former President Milosevic mark a major development in this area. They also betoken a spectacular advance in international law: the fact that a former head of State
will, for the first time, be judged by an international court is an eloquent reminder that there can be no impunity, even at the highest level of power, for those responsible for the most serious crimes against international humanitarian law. By thus meeting its international obligations, the Federal Republic of Yugoslavia has itself opted for total reintegration in the international community. The Union congratulates Yugoslavia on this historic decision and urges it to press firmly ahead
towards full cooperation with the Tribunal.
The new annual report submitted by its President, whom we thank, bears witness to the sustained activity of the Tribunal.
The European Union particularly welcomes the introduction of several reforms during the period under consideration. The addition of 27 ad litem judges agreed by the Security Council last year will double Chamber capacity. The judges have already been elected, and six of them have commenced their work since September this year. It is important that all defendants should be able to be judged within a reasonable period. In order to achieve this target, the Tribunal must also continue its efforts
constantly to improve its working methods in the light of experience gained. In this regard, the Union notes with satisfaction the amendments made to the Rules of Procedure and Evidence designed to speed up procedures before and during the court proceedings. We also note the setting up of a coordinating council and a management committee and trust that these measures will actually improve the administration of the tribunal and cohesion among its various components. We also congratulate the
Prosecutor on having undertaken the reorganization of her investigation services in the interests of enhanced performance and efficiency.
In this connection, the Tribunal is certainly dependent greatly on the cooperation of the States. The Union welcomes the progress achieved in this area. We have already solemnly acknowledged the cooperation of the Federal Republic of Yugoslavia in proceeding with the arrest and transfer of Slobodan Milosevic. We are confident that such cooperation will continue to be exercised and we trust that it will enable us to proceed swiftly with the arrest of the other accused persons in the FRY. We call
particularly on the Montenegran authorities to add their weight to these efforts. We also congratulate Croatia on the new spirit of cooperation, which it has espoused, and urge that country to step up cooperation even further. In the case of Bosnia-Herzegovina, however, we continue to be concerned over the situation in Republika Srpska. Despite the progress achieved, in particular the adoption of a bill on cooperation with the Tribunal, actual results have yet to emerge, particularly, as stated
in the report, with regard to the arrest of accused persons known to be hiding in Republika Sprska.
In order to facilitate and uphold cooperation with the Tribunal in the countries concerned, it is essential to continue the programme of information on the Tribunal's activities, particularly among the local populations.
The Union hopes that all of these measures will result in the speeding up of Tribunal proceedings in 2002. Despite the remarkable work carried out thus far, much remains to be done: persons on remand awaiting trial, investigations yet to be conducted, arrests made. The Tribunal must spare no efforts in seeking to complete its task as soon as possible. We should remember that the task of the Tribunal is to judge only those supremely responsible for the crimes committed on former Yugoslavian
soil. Crimes committed at a lower level will be increasingly matters for the national courts to judge.
Mr. President,
I should not wish to end without thanking all the members of the Tribunal, the Chambers, the Court of Appeal, the Registry and the Prosecutor's Office for their action in this regard. Their contribution towards peace and security in the region by ushering in justice and facilitating reconciliation is a fundamental one. In many respects, their work is in itself also an innovation paving the way for the International Criminal Court, which we hope to see, established before very long. They may be
assured of our total support.
I thank you.
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