Ministry Statements & Speeches:
Mr President,
I have the honour to speak today on behalf of Australia and Canada, as well as my own country, New Zealand.
CANZ countries reaffirm our continued strong support for the important work of the International Residual Mechanism for Criminal Tribunals, which ensures that the legacies of the ad hoc tribunals, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, endure.
The Mechanism, and previous work of the Tribunals, have been instrumental in fighting impunity in respect of some of the most serious international crimes, holding perpetrators accountable, bringing justice to victims and contributing to sustainable peace. As mass atrocity violence continues, the Tribunals and the Mechanism stand as a reminder that the international community can respond to crimes committed in complex conflict situations. Together, they shaped the development of international criminal law and exemplify how rules-based institutions can be utilised to realise accountability.
We would like to take this opportunity to pay tribute to the memory of Judge Elizabeth Ibanda-Nahamya and her outstanding service and contribution to the work of the Mechanism and more widely, to efforts for international criminal justice. We welcome the appointment of Judge Lydia Mugambe in May 2023 to serve the remainder of Judge Ibanda-Nahamya’s term.
We thank President Gatti Santana for her briefing and commend the ongoing dedicated work of the Mechanism to bring perpetrators to justice for atrocities committed in Rwanda and the former Yugoslavia. In particular, we acknowledge her work on future planning activities for the Mechanism.
We congratulate the Mechanism for the significant progress made on successfully carrying out its mandate as detailed within its annual report.
The delivery of the appeal judgement in the case of Stanišic and Simatovic marks a milestone achievement for the Mechanism. We recognise the efforts of the judges and staff involved in that case. As the final case pertaining to atrocity crimes originating from the ICTY, the handing down of the appeal judgment brings to a close the important work of that Tribunal, which began over three decades ago.
The completion of the ICTY’s primary mandate demonstrates that justice and accountability can be achieved with the international community’s enduring and steadfast commitment to ensuring accountability, however long it takes. We reiterate, as we have in previous statements on this item, that accountability plays a fundamental role in sustaining peace.
We take this opportunity to recognise and commend the earnest effort of those who have contributed to the ICTY’s landmark achievements over these thirty years, whose work has made a significant contribution toward delivering justice and combatting impunity. We recall the mandate of the Mechanism to continue to supervise the enforcement of sentences in accordance with Article 25(2) of the Statute.
We note the decision of the Appeals Chamber in the case of Félicien Kabuga, indicted by the ICTR as one of the alleged architects of the Rwandan genocide, to stay proceedings indefinitely in light of the determination that Mr Kabuga is unfit for trial. We stand with the victims, survivors, and their families. We are disappointed that the trial proceedings could not be completed. Nonetheless, we recognise the care taken by the Appeals Chamber to achieve a balance between the interests of the international community to prosecute those charged with serious international crimes, with the importance of ensuring this is done consistent with the fundamental right to a fair trial and respect for best practices in the field of international criminal justice.
The work and evidence collected by the Office of the Prosecutor and ICTR constitute a valuable record of the events that occurred, and such records are important for ensuring appropriate recognition of these atrocities. In that regard, we acknowledge in particular, the rise in the number of requests for assistance received by the Office of the Prosecutor which underscores the significance of the support that the Office provides, within existing resources, to national authorities investigating and prosecuting international crimes. We also specifically recognise the immense support provided during the last reporting period by the Judicial Records Unit who processed a significant amount of judicial filings supporting the Mechanism’s mandate for access.
Furthermore, we wish to commend the support provided by the Witness Support and Protection Units who ensure the security of the approximately 3,200 witnesses who have appeared before the Tribunals or the Mechanism and who benefit from protective measures.
The importance of each of the aforementioned functions in the facilitation of the Mechanism’s mandate cannot be understated and we will continue to fully cooperate with the Mechanism’s activities in this regard.
We wish to underline the work of the Mechanism in relation to the location and arrest of the remaining fugitives indicted by the ICTR. In that regard, we particularly welcome the successful arrest of Fulgence Kayishema, and commend the close collaboration between the Office of the Prosecutor and South African authorities. This should remind us all of our individual and collective obligations to improve cooperation with the Mechanism which will ensure closure for victims and their communities, and achieve justice for victims of war crimes, crimes against humanity and genocide. This includes assistance with securing the arrest and surrender of the fugitives indicted by the ICTR who remain at large. We note with interest the anticipation for imminent success in these endeavours detailed in the annual report. We hope that through international and national cooperation in law enforcement, this can be achieved.
Finally, Canada, Australia and New Zealand appreciate the meticulous planning of the Mechanism for the next phase of its lifespan. We reiterate our steadfast commitment to supporting the Mechanism, including through its orderly transition and legacy in line with completion strategies. We will continue to offer our full cooperation to the Mechanism and its essential work to ensure that international criminal justice prevails.
Thank you.