EU Statement – UN General Assembly 6th Committee: International Residual Mechanism for Criminal Tribunals

– CHECK AGAINST DELIVERY –

Madam President,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries North Macedonia*, Montenegro*, Albania*, the Republic of Moldova, Bosnia and Herzegovina* and Georgia, as well as Armenia and Monaco align themselves with this statement.

We thank President Graciela Gatti Santana for the thirteenth annual report of the Mechanism covering the period from 1 July 2024 to 30 June 2025, marking the first full year of operations with no active core crimes. 

We commend the President and the entire Mechanism for their continued dedication to fulfilling their residual mandate efficiently and fairly. The issuance of 184 judicial decisions and orders, alongside the continued protection of approximately 3,200 witnesses, demonstrates that the work of the Mechanism, while reduced in scope, remains essential to completing the justice cycle initiated by the ad hoc Tribunals, including protecting the integrity of prior judgments (as demonstrated by the expeditious handling of the review proceedings in the Ntakirutimana case).

We appreciate the Mechanism’s follow-up to Security Council resolution 2740 (2024). We note, in particular, the support to the expected reports of the Secretary-General on, respectively, the potential transfer of functions related to sentence enforcement supervision and assistance to national jurisdictions, and on the possible location and management of the substantial archives of the ad hoc Tribunals and the Mechanism. The strategic planning and the rationalization efforts, including the closure of the Kigali field office, are important steps towards the eventual closure of the Mechanism, in line with its temporary nature. As the Security Council, the Secretary-General, and the Mechanism evaluate pathways for transferring its longer-term residual functions, we emphasize the importance of ensuring that any transfers preserve the equal treatment of convicted persons and safeguard the legacy of the ad hoc Tribunals.

Madam President,

The pursuit of accountability must continue at the national level. We note that national authorities still face significant challenges: more than 1,000 fugitive Rwandan génocidaires remain to be located and prosecuted, and thousands of war crimes suspects throughout the countries of the former Yugoslavia await prosecution.

We commend the Office of the Prosecutor for processing 389 requests for assistance during the reporting period – proof of the key support it provides to Member States. The transfer of documents and audiovisual records, along with direct case assistance, has contributed to important positive outcomes in national prosecutions. This essential function must continue, whether through the Mechanism or an appropriate successor arrangement.

The continued high volume of requests is also a positive sign of national commitments to achieve more justice for more victims of war crimes, crimes against humanity and genocide committed in the former Yugoslavia and Rwanda. Building on these positive national commitments, and as urged by the Security Council in resolution 2740 (2024), States must intensify their cooperation with the Mechanism and render all necessary assistance to enforce the sentences pronounced by the ad hoc Tribunals and the Mechanism. 

We are grateful to those States that have been cooperating, notably by acting as enforcement States, and we invite others to join them, also to facilitate the closure of the United Nations Detention Unit in The Hague and achieve substantial cost savings.

Several issues require urgent engagement from States. 

The situation of acquitted or released persons relocated in 2021 must be resolved, including through the identification of durable relocation solutions. 

Fugitives must be apprehended and surrendered to appropriate jurisdictions, and outstanding arrest warrants and contempt cases require full cooperation from the States concerned, in compliance with Security Council resolution 1966 (2010).

Madam President, 

To conclude, we welcome the Mechanism’s commitment to winding down operations responsibly while ensuring the fair and efficient completion - or possible transfer - of its residual functions. 

However, the Mechanism cannot fulfill its mandate alone. We call on all States to intensify their cooperation – in enforcing sentences, resolving the situations of relocated persons and fugitives, supporting national prosecutions, and ensuring adequate resources for the Mechanism’s remaining activities.

The European Union and its Member States remain steadfast in defending the work and legacy of the ad hoc Tribunals and the Mechanism. Preserving memory and combating denial of these crimes remain essential for reconciliation and preventing future crimes. It is our collective responsibility to ensure that justice for the victims of genocide, crimes against humanity, and war crimes in Rwanda and the former Yugoslavia is fully realized, and that the indispensable contribution of international criminal justice to peace and reconciliation is known to current and future generations. 

Thank you.

* North Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.