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

– CHECK AGAINST DELIVERY –

Mr. President,

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

The Candidate Countries Türkiye, Montenegro^*, Albania^*, Ukraine and the Republic of Moldova, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the EFTA country Liechtenstein, as well as Georgia and Monaco align themselves with this statement.

We would like to thank President Graciela Gatti Santana for the tenth annual report of the International Residual Mechanism for Criminal Tribunals covering the period from 1 July 2021 to 30 June 2022. We congratulate her on her appointment as President of the Mechanism. We would also like to congratulate Judge Carmel Agius for his remarkable achievements as President of the Mechanism since 2019, and would like to thank him for his commitment and outstanding leadership during his tenure.

Mr. President,

We note that on 29 September 2022, The Hague branch of the Mechanism started the trial in the Kabuga case for genocide and other horrendous crimes. This is a milestone for accountability, victims and national reconciliation in Rwanda.

On 29 June 2022, the Appeals Chamber delivered its judgment in the appeals proceedings in Fatuma et al., dismissing Ms. Fatuma’s appeal. The appeal proceedings in the case of Stanišić and Simatović are also well on track to be completed by June 2023.

We commend the Mechanism for this progress in its core judicial work, and in fulfilling its mandate of ensuring accountability for atrocity crimes committed during the conflicts in the former Yugoslavia and Rwanda. In order to continue to do so, it is imperative for the Mechanism to receive the necessary financial resources.

Mr. President,

International  criminal  justice  cannot  be  effective  without  the  full  cooperation  of  States. We welcome the results achieved by the Office of the Prosecutor in accounting for two major fugitives indicted for genocide by the International Criminal Tribunal for Rwanda, by confirming their deaths. We would like to extend our gratitude to all States who cooperated with the Mechanism to achieve these results, and underline that the continued full and effective cooperation of all Member States will be essential to account for the last four fugitives at large.

It is equally essential for States to honor their legal obligations to comply with requests for assistance or orders issued by the Mechanism. Failure to cooperate undermines the effective administration of justice and is in breach of Security Council resolution 1966 (2010). We once again deeply regret the lack of cooperation on the part of some States and in that respect note that there has been no progress following the notification of 11 May 2021 from the President of the Mechanism to the Security Council concerning the Jojić and Radeta case. We call on all States to comply with their international obligations to cooperate with the Mechanism.

We encourage the Office of the Prosecutor to continue to assist national judicial authorities in prosecuting serious international crimes in order to continue delivering justice for victims. We note with concern the continued uncertain situation of the eight acquitted or released persons in Niger, and we encourage the Mechanism and Member States to continue their efforts to find a permanent solution for these individuals.

Mr. President,

Denial of genocide, glorification of war criminals, and attempts to rewrite history or to deny the work of the Mechanism do not contribute to justice and do not bring peace and safety to victims. Without understanding and reconciling with the past, it is difficult to build the future. Confronting the horrors of the past and struggling with post-conflict transitional justice helps coming to terms with the dark side of history and of nationalism.

That is why increasing awareness of the legacy of the former Tribunals and the ongoing work of the Mechanism is essential. The Tribunals are instruments of justice and reconciliation, not of retribution. The European Union continues to work with the Mechanism on educating affected communities and younger generations in the region of the former Yugoslavia.

In closing, we would like to assure you of our unwavering support to the Mechanism in its efforts to ensure accountability and to strengthen the system of international criminal justice. Building a cohesive and inclusive society, based on justice and truth is the best way to honour the victims of crimes of genocide, war crimes and crimes against humanity. We must continue working together to deliver justice and to prevent impunity taking hold, as we know that slowing the justice process means slowing reconciliation and peace-building.

I thank you.