I too would like to thank the Presidents and the Prosecutors of the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY) for their biannual reports.
The briefings we have just heard confirm that there is slippage in the calendar, and the Security Council will have to respond accordingly. The first thing to do, of course, is to give the Tribunals the resources to complete the current trials and appeals, with full respect of the rules of fairness. We hope that in its future decisions the Council will clearly state its will to ensure that the Tribunals have the resources they need. That said, as the representative of Japan remarked, the slippage is a matter of concern, and we ask the Tribunals to make greater efforts to increase the effectiveness and pace of the work of the Trial and Appeals Chambers.
The action of the Prosecutors is essential to the search for fugitives whose arrest and transfer to the Tribunals remains a priority. The existence of fugitive indictees is one of the principal uncertainties weighing on the completion strategies.
With respect to the ICTR, as Judge Byron and Prosecutor Jallow reminded us, 11 fugitives remain at large. There is an excellent record of regional cooperation in making arrests in the past, and we call on all States to fully cooperate with Prosecutor Jallow. On behalf of France, I would like to welcome once again the activities of the Prosecutor, who has been able to gain the confidence of all actors in the region. The President of the Tribunal, at the Prosecutor’s request, has reported to us of the non-cooperation of Kenya, which is a significant step. We must reiterate our request to Kenya to fulfil its obligations in order to arrest and bring to justice Félicien Kabuga. The entire international community, including France, remains mobilized alongside the Rwandans, the countries of the region and the Tribunal in ensuring that low-ranking indictees responsible for heinous acts will also be tried.
Turning to the ICTY, Mr. Karadžić’s arrest by the Serbian authorities was a significant step forward. His trial must now proceed. We also hope for the arrest of Mr. Mladić and Mr. Hadžić. As the European Union’s Foreign Affairs Council recalled following Prosecutor Brammertz’s briefing to it, Serbia should follow the Prosecutor’s recommendations. As for the pending Tribunal questions involving Croatia, we fully trust that Croatia will resolve them.
If the issue of fugitives is not resolved, it will have to be dealt with in the framework of managing the Tribunal’s legacy. The arrest warrants will not disappear. The residual mechanism thus will have to take over the investigation and arrest process. The Council’s Informal Working Group on International Tribunals has continued to work on this subject under the chairmanship of Austria, for which we are very grateful. The Working Group is an important one and its work has affected not only Rwanda, the Great Lakes region and all of Europe, but more broadly for the future of international criminal justice. That is why France calls on the Secretariat, in accordance with the presidential statement we adopted in 2008 (S/PRST/2008/47) to focus closely on the services, including interpretation, needed by the Group and the Austrian chairmanship.
France will continue to work in the Group, with a view to the Council taking a timely decision that will preserve the integrity of the legacy of the two Tribunals and that will meet the criteria of continuity, simplicity and fiscal discipline. France firmly believes that we should take advantage of the existing structures in The Hague and Arusha and of the services that other judicial institutions can provide to the residual mechanism, along with possible synergies between the mechanism and these judicial institutions.