A/76/PV.20 General Assembly

I now call on Judge Carmel Agius, President of the International Residual Mechanism for Criminal Tribunals. Judge Agius (International Residual Mechanism for Criminal Tribunals): On behalf of the International Residual Mechanism for Criminal Tribunals, it is a great honour for me to appear before the Assembly and to present the ninth annual report of the Mechanism (see A/76/248). At the outset, I would like to congratulate you, Sir, on your election as President of the General Assembly at its seventy-sixth session, and to wish you every success during your term. Mr. President, you have integrated into your presidency the importance of bringing hope, an aspiration I instinctively share at the deepest of levels. I take particular pride in heading an institution whose mission in some ways is inseparably linked with that very ambition. After all, it could be said that international criminal justice is ultimately about bringing a measure of hope, hope to victims, survivors and their loved ones, hope that justice will be done, hope to all of us that ensuring accountability for the most heinous crimes will also act as a deterrent to others and prevent future suffering. Hope has also been the main driving force behind our perseverance in dealing with the global health crisis that has shaken our lives so profoundly. As we slowly emerge from the worst grip of the pandemic, thanks to the wonders and rigours of science, I am pleased to report further progress in the implementation of the Mechanism’s unique mandate, including our fulfilment of important duties owed to the accused and convicted persons, to the victims and witnesses and the international community at large. I would not say that has been easy. In particular it grieves me to recall the sad passing of Judge Gberdao Gustave Kam of Burkina Faso in February. Judge Kam’s death was a shock and a terrible blow to all of us at the Mechanism as well as to the international legal community more generally. He was an eminent and principled jurist, dedicated to the causes of justice and human rights throughout his illustrious career, a person who served the United Nations, the African Union and his country, Burkina Faso, with distinction. Despite the many difficulties encountered during the reporting period, the Mechanism made remarkable headway towards the completion of its core judicial work. Without compromising the rights of the accused or the health and safety of participants in the proceedings, three landmark judgments were pronounced in the first part of this year. At the branch in The Hague, the appeal judgment in the Prosecutor v. Ratko Mladić case was delivered on 8 June. It concluded the proceedings in that case. The trial judgment in the retrial of Prosecutor v. Jovica Stanišić and Franko Simatović was delivered at the end of the same month, on 30 June. At the Arusha branch, the trial judgment in the Prosecutor v. Anselme Nzabonimpa et al. contempt case was pronounced on 25 June. With regard to that case, I should mention that it was formerly entitled Prosecutor v. Maximilien Turinabo et al., until proceedings against the co-accused Maximilien Turinabo were terminated in April after his unfortunate passing. On 6 September, following the filing of notices of appeal by all parties in Prosecutor v. Jovica Stanišić and Franko Simatović, the case moved into the appeals phase. In accordance with article 12 (3) of the Mechanism’s statute, I am presiding over the proceedings and have appointed a bench of five judges to adjudicate the appeals. In addition, on 27 September I appointed an appeal bench in the Prosecutor v. Anselme Nzabonimpa et al. case following a joint defence motion to vary the time limits applicable to the appeal process. Notices of appeal have now been filed, and as this is a contempt case, the bench is composed of only three judges, and I likewise preside over the proceedings. I note that while I, as President, am based at the Mechanism’s Hague branch, the other members of the appeal benches will exercise their duties for the most part remotely, consistent with article 8 (3) of the statue and our cost-efficient lean structure. Separately, the pre-trial preparations in the Prosecutor v. Félicien Kabuga case have progressed steadily. The last, very productive status conference on the case took place on 6 October with all parties in attendance. In accordance with the pre-trial work plan, the prosecution filed its pre-trial brief with witness and exhibit lists on 23 August. The defence is expected to respond by 15 November. I note, however, that while the case is otherwise nearly ready for trial, the health situation of the accused may continue to have an impact on the start of the proceedings. Following the conclusion of the independent medical examination later this year, the trial chambers should be in a position to determine the nature of the impact on the commencement and conduct of the trial. Unfortunately, progress in the Prosecutor v. Petar Jojić and Vjerica Radeta contempt case has not been as promising as in other cases before the Mechanism. In May, following a request by the single judge seized of the proceedings, I reported Serbia to the Security Council for failing to comply with its international obligations to arrest and surrender the accused and transfer them to the Mechanism. That was the third time that Serbia’s non-compliance has been reported to the Council and follows more than six years of inaction on Serbia’s part. In the meantime, related litigation has continued before the Mechanism, and on 3 September the single judge decided that it was in the interests of justice to secure evidence by special deposition for use in any future trial in the event that the witnesses later become unavailable. Before this Assembly, I once more urge Serbia to comply with the decisions of the Mechanism and with its international obligations, as established by the Security Council itself. In relation to the Mechanism’s other residual functions, I would like to provide some highlights. First, we continue to play an active role in supervising the enforcement of sentences imposed by the International Criminal Tribunal for Rwanda, the International Tribunal for the Former Yugoslavia and the Mechanism. While the day-to-day enforcement of sentences is primarily undertaken pursuant to the national law of the respective enforcement States, that is subject to the supervision of the Mechanism. That means that convicted persons may, and in fact do, raise complaints about the conditions of imprisonment directly to the Mechanism. Moreover, in order to ensure a level playing field for convicted persons serving their sentences in different States and under myriad national provisions, the requests for pardons, commutations of sentences or early release are decided in accordance with the Mechanism’s legal framework. In that respect the decision-making power rests with me, as President, and I do it in consultation with other judges. Since I last reported to you (see A/75/PV.17), I have adjudicated 13 such requests and currently have another 11 under consideration. On top of those matters, and considering the particular vulnerability of prison populations during the pandemic, I have continued to regularly monitor the situation of our convicted persons in the context of the coronavirus disease (COVID-19). In that regard I issued a further order on 1 October requesting relevant updates from enforcement States. I want to take this opportunity to reiterate my sincere gratitude to the 14 Member States who currently support the Mechanism by enforcing the sentences of one or more convicted persons for their cooperation throughout and especially for the extra efforts they have made to ensure the health and safety of these persons in the current circumstances. Also in connection with enforcement matters, I have continued to designate the States in which convicted persons are to serve their sentences. During the reporting period the Mechanism was able to transfer two persons to the designated enforcement States and we are working hard to identify suitable enforcement States for two more convicted persons who are currently detained in the Hague. At present we have five detainees in our detention unit in the Hague, including two appellants, while the facility in Arusha is empty. Both detention facilities maintain additional custodial capacity in the event that a fugitive is apprehended. Turning to the Mechanism’s monitoring of cases referred to national jurisdictions, advances have also been made in this area. During the reporting period, two appeal judgments were issued in cases referred to Rwanda, in December 2020 in the Prosecutor v. Jean Uwinkindi case and in May 2021 in the Prosecutor v. Bernard Munyagishari case. Both those judgments upheld the life sentences imposed at first instance, and Uwinkindi has since filed a notice for review of the appeal judgment before the Supreme Court of Rwanda in January, which is still under consideration. Aside from that case, only two cases are currently being actively monitored by the Mechanism. They are the trial proceedings against Laurent Bucyibaruta in France and the appeal proceedings in the case against Ladislas Ntaganzwa in Rwanda. Separately, with regard to the long-standing issue of the resettlement of the nine acquitted and released persons still residing in a safe house in Arusha, I can report that we expect positive developments in the coming months. Just last month, on 28 and 29 September, the Mechanism held its first-ever virtual plenary of judges. The in-person plenary that had originally been planned for the branch in The Hague was postponed twice as a result of pandemic-related restrictions. However, thanks to the dedication and ingenuity of our information technology services section and the fantastic efforts of other staff, we were able to proceed with a virtual event using a secure online platform developed in-house. Logistically speaking, it was quite an achievement, given that our 25 judges were located in 21 different countries and several time zones during the confidential meetings. I am satisfied to report that the plenary went smoothly and my colleagues and I were able to hold very fruitful discussions. Significantly, it also provided judges with a timely opportunity to welcome Judge Fatimata Sanou Touré of Burkina Faso, who was appointed by the Secretary- General on 12 August to fill the vacancy left by the late Judge Kam for the remainder of his term of office. The Mechanism will greatly benefit from Judge Sanou Touré’s experience as a judge in her home country and as a long-time defender of human rights. Her arrival also enriches the judicial roster by further improving the gender balance among Mechanism judges. We are steadily advancing in the furtherance of our mandate. In doing so, we are aware that there is always room for improvement and that the funds available to us to see our work through are finite. For those reasons, all three organs of the Mechanism strive continually to further harmonize practices and streamline activities in order to ensure the optimal use of our limited financial and human resources while continuing to deliver at the highest international standards. We therefore welcome the recently initiated evaluation by the Office of Internal Oversight Services with regard to the Mechanism’s implementation of recommendations from previous evaluations. The evaluation will feed into next year’s fourth review of our mandate by the Security Council. Our unreserved commitment to the efficiency of our operations is also reflected in the decision of the principals to have a full return of staff to premises. Indeed, despite the pandemic, business continuity in the service of achieving our mandate must remain a top priority. That of course is done with due regard for the health and safety of all concerned and in the light of the availability of vaccinations against COVID-19 at all of our duty stations. I would like to take this opportunity to praise our staff and judges as well as the Prosecutor and the Registrar for their dedication and outstanding efforts, particularly in these difficult times. In closing, the Secretary-General has recently reminded us that the purposes and principles of the Charter of the United Nations and international law remain a timeless, universal and indispensable foundation for a more peaceful, prosperous and just world. I am invigorated by the role that the Mechanism plays in strengthening that foundation, not only with regard to the conflicts in the former Yugoslavia and Rwanda, but also through our important contributions to the landscape of international criminal justice more generally. However, we cannot do so alone. We will continue to rely on the steadfast support of the Member States that believe in our important mission, including our outstanding host States and the 14 States that enforce the sentences of our convicted persons, as well as Rwanda and the countries of the former Yugoslavia. To them and to all the other stakeholders who cooperate with and assist us in so many ways, I express my deepest gratitude. Last but not least, I wish to acknowledge and praise the valuable assistance provided by the legal counsel and the Office of Legal Affairs of this institution. Together, we can keep transforming hope into reality.

I have the honour to speak today on behalf of Australia, New Zealand and my own country, Canada (CANZ). The CANZ countries reaffirm their strong support for the important work of the International Residual Mechanism for Criminal Tribunals, which safeguards and continues the legacy of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda (ICTR). Those tribunals and the work of the Mechanism have been instrumental in ending impunity for the most serious international crimes. They are crucial cornerstones of the international rules- based order. CANZ recognizes that accountability plays a fundamental role in the maintenance of peace. We remain steadfast in our commitment to accountability for serious international crimes. CANZ would like to take this opportunity to pay tribute to Judge Kam, who served the Mechanism with distinction for almost a decade before his unexpected passing in February. Judge Kam was at the forefront of international criminal law for many years and made a significant contribution to international justice. We welcome the appointment of Judge Fatimata Sanou Touré in August to serve the remainder of Jude Kam’s term. (spoke in English) We want to take this opportunity to underline the dedicated work of the Mechanism and its commendable performance in combating impunity. Notwithstanding the many serious challenges and complications associated with working amid the coronavirus disease pandemic, 10 years after the arrest of Ratko Mladić the Mechanism was able to render the final decision in the high-profile appeal of one of the most notorious war criminals in modern history. That historic judgment is testament to the Mechanism’s crucial role in ensuring accountability for those responsible for atrocious crimes. With a guilty verdict and now a life sentence for counts of genocide, war crimes and crimes against humanity, the Mechanism has provided some closure to one of Europe’s darkest chapters since the Second World War and has offered a sense of justice for the victims of the massacre of more than 8,000 Muslim men and boys in Srebrenica. CANZ also acknowledges the successful start of pre-trial proceedings against Félicien Kabuga, indicted by the ICTR in 1997 as one of the alleged key architects of the Rwanda genocide. We would like to take this opportunity to congratulate the Mechanism’s strategic, efficient and effective approach to the management of that trial. We also wish to underline the work of the Mechanism in assisting national jurisdictions prosecuting international crimes committed in Rwanda and in the former Yugoslavia. The achievements of the Mechanism in these challenging times attest to its professionalism and strong commitment to its mandate. International criminal tribunals are a key component of the international community’s collective response to mass atrocities. Such tribunals contribute directly to ending impunity and holding the perpetrators of serious international crimes to account. The CANZ countries recognize that it is our collective responsibility to support this important work in the development of international criminal law and the administration of justice in cases involving the most horrific crimes in recent world history. The Mechanism cannot fulfil its mandate without the support, proactive cooperation and commitment of United Nations Member States. CANZ stresses the importance of cooperation to ensure justice for all the victims of criminal atrocities. In that context, we look forward to the implementation of Serbia’s recent announcement of increased regional cooperation in the prosecution of war crimes. We take this opportunity to highlight the importance of maintaining the integrity of proceedings and ensuring that witness interference and other contempt proceedings are duly condemned. The CANZ countries also urge Member States to enhance their cooperation to secure the arrest and surrender of the six fugitives indicted by the ICTR who remain at large. Recognizing that it is in the interests of all States to see justice prevail for victims, we remain hopeful that the fugitives will be apprehended and held to account for the crimes of which they are accused. Australia, New Zealand and Canada would like to take this opportunity to renew their unwavering support for the Mechanism. We will continue to offer our full commitment to its essential work in order to give practical effect to our steadfast commitment to international criminal justice.

I now give the floor to the representative of the European Union, in its capacity as observer.

I have the honour to speak on behalf of the European Union and its member States. The candidate countries Turkey, North Macedonia, Montenegro and Albania; the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina; as well as Ukraine and the Republic of Moldova, align themselves with this statement. We would like to thank President Carmel Agius for the ninth annual report of the International Residual Mechanism for Criminal Tribunals (see A/76/248), covering the period from 1 July 2020 to 30 June 2021. We welcome the fact that the Mechanism managed to complete its work on the three pending cases by the end of June despite difficulties due to the coronavirus disease pandemic. We note that on 8 June the Appeals Chamber pronounced its final judgment in the appeal of the Prosecutor v. Ratko Mladić case, affirming Mr. Mladić’s sentence of life imprisonment and his conviction of genocide in Srebrenica, war crimes and crimes against humanity. That landmark judgment sends a strong message that perpetrators of such heinous crimes will ultimately be held to account. On 30 June, the Trial Chamber delivered its judgment in the retrial of the Prosecutor v. Jovica Stanišić and Franko Simatović case and found Mr. Stanišić and Mr. Simatović responsible for aiding and abetting crimes against humanity committed by Serb forces following the takeover of Bosanski Šamac in April 1992. We also note that on 25 June, the single judge pronounced his judgment in the Prosecutor v. Anselme Nzabonimpa et al. case, convicting the four accused of contempt, for interfering with witnesses. The convictions in these three cases are important steps for ensuring the accountability of those responsible for atrocity crimes committed during the conflicts in the former Yugoslavia and Rwanda. While they do not ease the grief, we hope these judgments bring a measure of relief to the victims and their families. The trial in the Prosecutor v. Félicien Kabuga case will be another important moment for the victims and for national reconciliation in Rwanda. In order to complete that trial and the appeals proceedings in the cases Prosecutor v. Jovica Stanišić and Franko Simatović and Prosecutor v. Anselme Nzabonimpa et al. in a timely manner, the Mechanism must have adequate financial resources at both branches. The Mechanism’s mandate is contingent on the cooperation of States. States are under a legal obligation to cooperate fully with the Mechanism, including the obligation 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 deplore the lack of such cooperation on the part of some States, and in that respect note the notification of 11 May from the President of the Mechanism to the Security Council concerning the Prosecutor v. Petar Jojić and Vjerica Radeta case. We call on all States to comply with their international obligations and to cooperate with the Mechanism to prevent impunity from taking hold. It is equally essential that the remaining fugitives indicted by the International Criminal Tribunal for Rwanda be brought to justice. The death of the alleged perpetrators of atrocity crimes cannot be considered to represent justice for their victims. The States concerned must provide substantial proof when reporting the death of alleged perpetrators. At the same time, we encourage the Office of the Prosecutor to continue to assist national judicial authorities in prosecuting war- crimes cases arising out of the conflicts in Rwanda and in the former Yugoslavia. Denials of genocide, the glorification of war criminals, and attempts to rewrite history or to deny the work of the Mechanism are not acceptable. It is essential that we increase awareness of the legacy of the former tribunals and the ongoing work of the Mechanism. The European Union continues to work with the Mechanism to raise awareness among the communities affected and younger generations in the region of the former Yugoslavia. Serving justice, promoting reconciliation and building a better society are the best ways to honour the victims of genocide, war crimes and crimes against humanity. Peace and a better future can only be built on a foundation of justice. Impunity is not an option. In closing, we would like to affirm our unwavering support to the Mechanism in its efforts to ensure accountability at both the national and international levels, and to the strengthening of the system of international criminal justice in general. We must work together to ensure that the perpetrators of the most serious crimes are brought to justice. We owe it to the victims of such horrendous crimes.

I thank you, Mr. President, for giving me the opportunity to take the floor to make my statement on this agenda item. The United Republic of Tanzania has taken note of the note by the Secretary-General on the ninth report of the work of the International Residual Mechanism for Criminal Tribunals for the period 1 July 2020 to 30 June 2021, contained in document A/76/248. We also thank Judge Carmel Agius, President of the Mechanism, for presenting the report. The strong commitment and unwavering support of the United Republic of Tanzania for the work of the United Nations, and in particular in support of the International Criminal Tribunal for Rwanda (ICTR), and later the International Residual Mechanism, in fulfilling their mandates, remain unquestionable today. Tanzania would like to join other speakers in paying tribute to the late Judge Kam of Burkina Faso, who passed away on 17 February. Judge Kam was a true believer in justice and an upholder of the rule of law in the administration of international criminal justice. May his soul rest in eternal peace. Tanzania has taken note of the progress made and applauds the Mechanism for continuing to deliver on its mandate despite the complex prevailing challenges caused by the coronavirus disease (COVID-19) pandemic. The challenging situations caused by the pandemic have not been able to compromise the functions of the Mechanism. As evidenced by the report, that signifies the Mechanism’s commitment to carrying out its mandate despite the prevailing challenges. Tanzania would also like to remind all Member States that the administration of international criminal justice cannot be fully attained without the cooperation of all stakeholders. In that regard, Tanzania calls on Member States to abide by the provisions of article 28 (2) of the statute of the Mechanism by giving timely and effective assistance in tracking, locating and arresting all the remaining fugitives indicted by the former International Criminal Tribunal for Rwanda and transferring them immediately to Arusha to stand trial for their charges. In accordance with the statute of the Mechanism, the Arusha branch has a mandate regarding the meeting and trial of all criminal cases involving fugitives whom the ICTR indicted. In its report, the Mechanism informs Member States that Mr. Félicien Kabuga has been detained in The Hague on medical grounds. The COVID-19 situation, travel restrictions and health status of Félicien Kabuga are perhaps no longer sufficient to continue to keep him in The Hague, thanks to the availability of COVID-19 vaccines, direct and non-stop flights between the Netherlands and Arusha, Tanzania, and advanced medical services in Tanzania and the region. Moreover, Arusha has fully equipped United Nations detention facilities that could take care of Mr. Kabuga, who has been on the run for more than 20 years. In that context, Tanzania would like to remind the Assembly that Mr. Kabuga’s presence in The Hague was supposed to be a temporary arrangement. The Mechanism should take up its mandate and ensure Mr. Kabuga’s immediate transfer to Arusha so that he can face his trial accordingly. That would provide the parties concerned, as well as the victims, with an opportunity to participate effectively in the judicial proceedings. Tanzania commends the Mechanism for its continued efforts to pursue the resettlement of persons acquitted or released by the International Criminal Tribunal for Rwanda. Despite those endeavours, the number of those persons in Arusha remains at nine, presenting the Mechanism and its host, Tanzania, with a heavy responsibility. While committed to its obligation under the Charter of the United Nations and host agreement, Tanzania joins the Mechanism in urging all Member States to increase their efforts to find a durable solution to this matter, which has been ongoing for more than 17 years. Apart from its judicial and court activities, the Mechanism has a mandate to manage the archives and records of the international criminal tribunals. The 2020-2021 report of the Mechanism indicates that the Arusha branch continued to create publicly accessible audiovisual recordings of judicial proceedings from the ICTR, making an additional 991 hours of recordings available. That is commendable. With regard to the activities of the Registry, the delegation of the United Republic of Tanzania has noted with keen interest a number of activities related to the budget and administration, staffing and the facilities. With regard to the proposed budget, the Tanzanian delegation, in the context of the Fifth Committee, will examine it in detail to ensure that it reflects the requirement for effective mandate delivery, in particular for the Arusha branch. Like any other peace-loving country, Tanzania is unsympathetic to crimes against humanity and related offences, and we wish to reiterate our commitment to supporting the work of the Mechanism. We will continue to comply fully with our obligations as enshrined in the Charter, the statute of the Mechanism and the host agreement. My delegation would like to pay tribute to all the staff of the Mechanism, who have worked hard to ensure business continuity during this challenging time of the COVID-19 pandemic. Once again, we would like to reiterate our firm position on the need for the Mechanism to ensure that the pending transfer of Félicien Kabuga to face his trial in Arusha is carried out, but we also want to call on the international community to effectively assist in tracking, locating and arresting all the remaining fugitives indicted by the former International Criminal Tribunal for Rwanda and transferring them to Arusha to stand their charges. In conclusion, my delegation stands ready to engage constructively in the deliberations on this matter.

Allow me to thank Judge Carmel Agius, President of the International Residual Mechanism for Criminal Tribunals, for his comprehensive report (see A/76/248). I would like to assure Judge Agius and the General Assembly that Zimbabwe takes its international obligations, as outlined in Security Council resolution 1966 (2010) and the Mechanism’s statute, very seriously. We can assure them of our maximum cooperation in advancing the work of the Mechanism. My delegation commends the President and the Prosecutor for ensuring that the Mechanism has remained operational in spite of the restrictions occasioned by the coronavirus disease pandemic. Its adoption of creative and innovative measures enabled it to clear its judicial backlog while ensuring the safety of staff, victims and witnesses and respect for the rights of the accused. My delegation notes with appreciation that the President in his report rightly acknowledges that cooperation with the Zimbabwean Government is continuing and that it has resulted in progress in the investigations. Zimbabwe’s full cooperation is premised on our recognition and acknowledgement that effective cooperation between States and the Mechanism is critical to apprehending the perpetrators of heinous crimes and in fighting impunity and ensuring justice and accountability. The Government of Zimbabwe has taken concrete and positive steps to facilitate the investigation of the whereabouts of the fugitive Protais Mpiranya by putting in place a well-resourced interdepartmental task force to assist the Office of the Prosecutor’s tracking team. In 2019 the Prosecutor held meetings with the two Vice-Presidents of Zimbabwe, who gave him assurances and expressed their political will regarding our commitment to investigating, apprehending and transferring to the Mechanism Mr. Mpiranya and any other fugitives if they were found anywhere in Zimbabwe. I would like to report that the Office of the Prosecutor visited Zimbabwe in July and September to conduct its investigations with the full support and cooperation of the interdepartmental task force. As always, Zimbabwe stands ready to receive the tracking team in fulfilment of its international obligations and the mandate of the Mechanism. The Prosecutor will travel to Zimbabwe sometime in November to meet with our country’s leadership and interface with the interdepartmental task force and other relevant stakeholders in the furtherance of investigations. Zimbabwe, as usual, will assist the Prosecutor and render its maximum support. My delegation has noted that the report by the President of the Mechanism generalizes that Member States are not cooperating with it to advance investigations, track and apprehend fugitives. In our view, it would be more accurate and indeed appropriate to say that it is some countries are not cooperating with the Mechanism, so as to recognize the invaluable efforts and cooperation of countries like Zimbabwe that have cooperated and continue to fully cooperate with the Mechanism, as indicated in the report itself. In conclusion, I would like to reiterate that the Government of the Republic of Zimbabwe takes its international obligations seriously and is committed to continued cooperation with the International Residual Mechanism for Criminal Tribunals.

I would like to start by thanking President Carmel Agius for his very useful briefing about the activities of the International Residual Mechanism for Criminal Tribunals and the court’s continued efforts in the pursuit of justice for the victims of the genocide. Rwanda welcomes today’s briefing and takes note of the report (see A/76/248) itself and the progress achieved in the course of the past year. The report notes continued serious concerns that demand the attention of the General Assembly. The presentation of this report is part of the accountability that is requested of the court. We need to ask ourselves, too, if we have provided the court with all the necessary support and tools, including cooperation, to enable it to implement its mandate. Is there anything we can do better to ensure that the Mechanism and the court perform to the expectations of members and the expectations of the mandate given to it? Those are questions that we must answer when an accountability report such as this one is presented. Mr. President, as you are aware, in its decision 72/550 the General Assembly designated 7 April the International Day of Reflection on the 1994 Genocide against Tutsi in Rwanda. And every year we all gather in this very Hall to commemorate the genocide against the Tutsi. It is a reminder that the victims are still waiting for justice. All who committed crimes of genocide must be held accountable. That is the responsibility of each and every Member State. Rwanda welcomes the court’s continued focus on three priorities  — first, locating and arresting the remaining fugitives indicted by the International Criminal Tribunal for Rwanda (ICTR); secondly, the expeditious completion of trials and appeals; and thirdly, assisting national jurisdictions in the prosecution of international crimes committed in Rwanda. The report shows that while the Office of the Prosecutor has viable leads for achieving the arrest of some of the remaining fugitives under the mandate of the Residual Mechanism, the major challenge continues to be a lack of timely and effective cooperation on the part of some Member States. That is a persistent problem. Furthermore, Rwanda has sent more than 1,000 indictments to countries around the world, requesting their cooperation in arresting and prosecuting indicted individuals or, alternatively, transferring them to Rwanda to face justice. I am sorry to report that to date, very few countries have responded to those indictments. Rwanda would like to remind Member States that all the relevant Security Council and General Assembly resolutions, as well as various African Union decisions, urge Member States — particularly those in which genocide fugitives are living or suspected to be living — to intensify their cooperation and render the necessary assistance to the Mechanism and the Government of Rwanda in order to quickly obtain the arrest and surrender of all the remaining genocide fugitives. The Security Council has repeated that call in subsequent resolutions, most recently resolution 2529 (2020). The failure of some Member States to cooperate with the court and the Mechanism, pursuant to several Security Council and General Assembly resolutions and various African Union decisions, in fact amounts to active support for genocide fugitives in their continuing efforts to escape justice, and is therefore a failure of their international legal obligations. Rwanda expects decisive action against States that continue to fail to abide by those resolutions and their international legal obligations. Rwanda welcomes the conviction of Augustin Ngirabatware, Anselme Nzabonimpa, Jean de Dieu Ndagijimana and Marie Rose Fatuma for contempt of court and for witness interference. Such prosecutions of contempt-of-court crimes aimed at undermining the established facts of the genocide committed against the Tutsi are essential to protecting witnesses, on the one hand, and safeguarding the integrity of proceedings conducted by the Mechanism and the Tribunal for Rwanda, on the other. Corrupt and fraudulent efforts to overturn the final judgments of the ICTR are nothing but a form of genocide denial that must be stopped through effective investigations and prosecutions. We commend the Mechanism’s efforts in that regard. Rwanda has taken note of the issue of the relocation of acquitted and released persons as discussed in the report, which states that the resettlement of the acquitted and released persons who are currently residing in Arusha remains unresolved. Rwanda would like to remind the General Assembly that in all the meetings we have had with the principals of the court, the Government has consistently made it clear that the nine Rwandans acquitted and released by the court are free to come back and live in Rwanda if they wish to do so. If they decide to do that, they will certainly not be the first Rwandans to return to Rwanda and live side by side with all other Rwandans in the full enjoyment of their rights. Many millions have done so before them. If, on the other hand, they wish to live in other countries, that is also their full right, and they should apply for asylum in their countries of choice, as is the case for every asylum seeker. What we find highly questionable is why these nine free individuals who are today free men and have no ongoing proceedings with the court should continue to be the burden of the host country of the court’s Arusha branch or of the international community. Finally, two key issues stand out from the report. First is the continued lack of cooperation on the part of some member States where the arrests, trials and extraditions of fugitives are concerned. That continues to be the key obstacle facing the court. Judicial cooperation is essential to ensuring that those responsible for genocide and crimes against humanity are truly held accountable. The second is the issue of genocide denial, about which the court has reported regularly, expressing its grave concern in that regard and calling for urgent attention to the problem. Rwanda has made the same call on several occasions. The General Assembly has a moral duty to condemn genocide denial in the strongest possible terms and denounce it as simply unacceptable. We have seen efforts to deny, trivialize and minimize the genocide against the Tutsi and many other genocides in order to divert attention from the facts and the lingering ideology of genocide. That has been led by fugitives who are still on the run and their sympathizers. It is dangerous and unacceptable and should be condemned by the Assembly in the strongest terms.

I thank President Agius for his briefing on the ongoing work of the International Residual Mechanism for Criminal Tribunals to bring perpetrators to justice for atrocities committed in Rwanda and the former Yugoslavia. At the outset, we would again like to express our sincere condolences to the Mechanism and Burkina Faso on the passing earlier this year of Judge Gberdao Gustave Kam, who served with distinction in his pursuit of accountability. We welcome Judge Fatimata Sanou Touré in his stead. The Mechanism’s activities and accomplishments over the past year are truly commendable, and all in the face of significant coronavirus disease restrictions. With each fugitive apprehended, prosecution completed and appeal upheld, the Mechanism is supporting the goals that the Security Council set out when the Mechanism was first established. We agree with the Council’s vision of the Mechanism as a small, temporary and efficient body whose functions diminish over time. The United States fully supports the priorities that the Office of the Prosecutor continues to pursue, including the expeditious completion of trials and appeals, the location and arrest of the remaining fugitives indicted by the International Criminal Tribunal for Rwanda, and assistance to national jurisdictions in prosecuting international crimes committed in the former Yugoslavia and in Rwanda. The Mechanism has taken significant action on cases that moves us closer to those collective objectives. First, as President Biden has stated, the decision affirming Ratko Mladić’s conviction shows that those who commit horrific crimes will be held accountable, and it reinforces our shared resolve to prevent future atrocities from occurring anywhere in the world. We are grateful for the years of work by the Residual Mechanism in seeing justice done in that case. Secondly, we commend the court’s thorough work in the Prosecutor v. Jovica Stanišić and Franko Simatović case. The first conviction of high-ranking officials from the 1990s wartime Government in Serbia for crimes committed in a neighbouring country is a notable accomplishment. Thirdly, the four convictions for witness interference in the Prosecutor v. Anselme Nzabonimpa et al. contempt case send an important signal to others who may be contemplating similar actions that such intimidation will not be tolerated. We welcome the Mechanism’s embrace of the 2020 recommendations of the Office of Internal Oversight Services regarding additional streamlining of resources and internal coordination. We continue to offer a reward of up to $5 million for information leading to the arrest, transfer or conviction of the remaining Rwandan fugitives. Taken together, these judicial actions move us closer to securing justice for the victims of those horrific crimes and for their families, communities and countries. Additional steps can and should be taken today in the name of justice and the prevention of future atrocities. That includes the swift apprehension of the remaining six Rwandan fugitives. We call on Member States that may be harbouring them to cooperate with the investigation. The United States also has serious concerns about Serbia’s non-cooperation on the arrest warrants for Petar Jojić and Vjerica Radeta, who have been charged with witness interference. We reiterate that contempt cases are a critical aspect of the Mechanism’s work and play an important role in upholding the rule of law. Serbia has a legal obligation to cooperate with the Mechanism and we call on it to execute the arrest warrants without further delay. As long as some continue to engage in the dangerous fiction of genocide denial, we risk the possibility that these horrific crimes will recur. We must confront false narratives and uncover the truth, however painful, about how the normalization of hatred and the persecution of certain groups led to tragic consequences in Rwanda and the former Yugoslavia. We welcome the Mechanism’s ongoing engagement with the countries affected, and we encourage those national jurisdictions to vigorously pursue accountability for atrocity crimes. We also thank the Mechanism for its significant efforts to respond to national authorities’ requests for assistance, thereby continuing to play a critical role in facilitating the rule of law around the world. We thank the Mechanism and its judges and staff for their tireless engagement over the past year to ensure an efficient, thorough and sound legal process in each of these cases. There is undoubtedly more work to be done, but each of these steps moves us closer to honouring the victims’ memories and saying, “never again.”

I would like to thank President Agius for his report (see A/76/248), which highlights the fact that the International Residual Mechanism for Criminal Tribunals continues to play a crucial role in ending impunity and implementing international justice. As set out in the report, the Mechanism has made three notable judgments this year despite the restrictions imposed by the coronavirus disease. First, it affirmed Ratko Mladić’s convictions for violations of the customs of war, crimes against humanity and the genocide at Srebrenica. Then, in the Prosecutor v. Anselme Nzabonimpa et al. case, it reached convictions for contempt in relation to witness interference and violating court orders. And finally, the Trial Chamber found Jovica Stanišić and Franko Simatović responsible for violations of the laws of customs of war and crimes against humanity. They were sentenced to 12 years of imprisonment each. Through its tireless work, the Mechanism continues to show that impunity is not and will not be allowed to prevail. We are grateful for the Mechanism’s continued efforts to make progress in the case of Félicien Kabuga. We note that the Mechanism is considering his fitness to stand trial and we continue to monitor developments in the case closely. We are also following progress in the case of Protais Mpiranya, a former commander of the Presidential Guard who is believed to be in Zimbabwe. We continue to call on the Government of Zimbabwe to work with the Mechanism to support investigations. We are proud to be supporting the Mechanism by agreeing to have Radovan Karadžić serve his life sentence in a British jail. Along with Ratko Mladić, he was responsible for the massacre of men, women and children in the Srebrenica genocide and helped prosecute the siege of Sarajevo, with its remorseless attacks on civilians. We call on all Member States to assist the Mechanism. However, regional judicial cooperation in the Western Balkans continues to remain inadequate, which has direct implications for achieving justice for victims. The Mechanism’s referral of Serbia to the Security Council for a third time for the failure to arrest and transfer Petar Jojić and Vjerica Radeta is serious and follows years of requests, considerations and discussion. We urge Serbia to comply with the Mechanism’s order. The glorification of war criminals and denials of genocide continue. That is unacceptable and increases the suffering of the victims. Reconciliation is difficult. We must accept and acknowledge the truth of the past if we are to move forward. Glorifying the perpetrators and instigators of these heinous acts takes us further from reconciliation and hinders the achievement of a positive future. The United Kingdom will continue to condemn denial and glorification in all their forms and calls on all Member States to do so. The United Kingdom remains impressed that despite the limitations placed on the court over the past 12 months, it has continued to deliver. As has been clear through our actions, the United Kingdom remains committed to the Mechanism, and we reaffirm our willingness to assist it wherever possible in fulfilling its mandate and implementing its vision of being a small, temporary and effective organization.

Mr. President, I thank you for the opportunity to address the General Assembly today on behalf of the Republic of Serbia with regard to the ninth report of the President of the International Residual Mechanism for Criminal Tribunals (see A/76/248). In the interests of time, I will make my remarks brief, and a full version of my intervention will be uploaded electronically. At the outset, I would like to reiterate that the results of Serbia’s cooperation with the International Residual Mechanism for Criminal Tribunals have been positive as well as indicative of my country’s high level of commitment to complying with its international obligations. Our cooperation with the Mechanism has been successful and widely recognized. The first issue I would like to raise was not included in the report. I am referring to requests to extradite or conduct new investigations against individuals convicted either by the International Criminal Tribunal for the Former Yugoslavia (ICTY) or by the Mechanism. We urge the Mechanism to prevent attempts to violate the principle of ne bis in idem, which is confirmed in article 7 of its statute, and not to allow retrials for persons already convicted by the ICTY, and in particular to make sure that this does not occur in the territory of the Autonomous Province of Kosovo and Metohija, which is under interim United Nations administration. The second issue that my delegation would like to raise is related to the conditions for the early release of convicts, which have changed significantly over the past few years. The current practice of the Mechanism is contrary to those of previous Presidents of the Mechanism. It is also contrary to the legal framework that was in effect for two decades with regard to the early release of convicts and violates the principle that all convicts who find themselves in the same or similar situations should be treated equally. All the previous Presidents of both the ICTY and the Mechanism drew on that principle in their decisions. We therefore find no justification for the changes to those conditions made by the current President of the Mechanism. With regard to the Prosecutor v. Petar Jojić and Vjerica Radeta contempt case, I would like to remind the Assembly that in line with Security Council resolution 1966 (2010), the Mechanism’s primary objective is the expeditious completion of its operations. The resolution also stipulates the goal of referring cases to national jurisdictions. When national courts stand ready to conduct criminal proceedings under the Mechanism’s monitoring, respecting the principles of fair trials, there is no need for the proceedings to be conducted before the Mechanism. The objective of resolution 1966 (2010) is to limit the Mechanism’s jurisdiction to its necessary functions so that other cases can be referred to the jurisdiction of national judicial institutions. The President’s claim that in the current circumstances only a trial before the Mechanism can improve justice in the region of the former Yugoslavia is groundless. The Republic of Serbia takes its obligations regarding cooperation with the Mechanism seriously. It has expressed its readiness to take over the court proceedings of the case of Jojić and Radeta and has provided appropriate guarantees. Additionally, Serbia fully recognizes and accepts the obligation of the Mechanism to monitor trials that are transferred to national courts with the help of international and regional organizations, as well as to take measures envisaged in article 6 of the statute of the Mechanism. I want to reiterate once again that Serbia’s national judicial system is equipped, willing and able to prosecute this contempt case. In conclusion, I would like to underline that as it has done in the past, Serbia will continue to fully comply with its international obligations in its cooperation with the Residual Mechanism.

We have familiarized ourselves with the report (see A/76/248) of the International Residual Mechanism for Criminal Tribunals. The Mechanism has not been shy about complimenting itself in its report for continuing its work under the conditions imposed by the pandemic. For our part, we would like to point out that the Mechanism has not been alone in confronting such challenges. Other international organs and organizations have adapted to the so- called coronavirus reality, with varying degrees of success, and it does not appear that the Mechanism has been especially noteworthy in that regard. Nor has it distinguished itself in the past in effectively planning its judicial activities, its attempt to economize its resources or gradually draw down its activity. Now the Mechanism is continuing to work at a snail’s pace. The only difference is that now it is doing so by invoking the difficult health and epidemiological situation. We do not think that there are grounds for welcoming or encouraging this kind of so-called adaptation to the pandemic. We noted the Mechanism’s stated wish in the report to ensure that its future activity is systematically planned. As we understand it, that is a reaction to the disappointing conclusions from the latest review of its work and criticism of it by the Office of Internal Oversight Services. We are not convinced that the amorphous coordination mechanisms, which the report describes in the most general terms, are capable in practice of resolving the problem of a lack of a system for judicial planning. Incidentally, that problem has a long history. We consistently criticized the International Criminal Tribunal for the Former Yugoslavia (ICTY) for that in its time. In general, the work of the ICTY, as the Mechanism’s predecessor, undermined trust in the entire international criminal justice system. In its time the ICTY refused to investigate NATO war crimes in Yugoslavia and did everything possible to make sure that Belgrade alone was blamed for the war in the Balkans, punishing the Serbs extremely harshly while vindicating other participants in the civil war. Unfortunately, the Mechanism has inherited all of its shortcomings. What it extols in its latest report as so-called landmark judgments — a ruling in the case Prosecutor v. Jovica Stanišić and Franko Simatović and the rejection of the appeal in the Prosecutor v. Ratko Mladić case — are distinguished by the same one-sidedness and apparent anti-Serbian bias as the verdicts of the ICTY. Such approaches do not add to the Mechanism’s weight or authority but rather turn its leaders’ calls for fighting the justification of war crimes and disseminating the truth about them into empty and meaningless grandiloquence. It is a great pity that the Mechanism’s leadership and judges have such a biased understanding of its mandate. That is why our delegation will do everything it can to make sure that the Security Council will never again conduct any more experiments with any international criminal justice bodies. So-called transitional justice implemented in such a politicized manner in no way contributes to the aims and purposes of long-term reconciliation and the general stabilization of a situation. In conclusion, we would like to express the hope that at least in the final phase of its activity the Mechanism will begin to stick to a clear plan for completing its work. In particular, we hope it will not try to artificially increase the number of its contempt-of-court cases or cling to other residual functions in order to artificially prolong its existence.

Mexico would like to thank Judge Carmel Agius for his presentation of the ninth annual report on the International Residual Mechanism for Criminal Tribunals (see A/76/248). We take note of the progress it has made in its judicial functions and commend the Mechanism for its capacity to adapt its working methods in the face of the challenges created by the coronavirus disease pandemic. The commitment of the judges and of the entire team has been crucial to making those results possible despite the restrictions caused by the pandemic. It has been almost 11 years since the adoption of Security Council resolution 1966 (2010), establishing the Mechanism, and it continues to be highly important in combating impunity for the atrocities committed in the former Yugoslavia and in Rwanda. We welcome the three flagship rulings that were delivered in the period covered by the report  — the appeal in Prosecutor v. Ratko Mladić, and the cases Prosecutor v. Jovica Stanišić and Franko Simatović and Prosecutor v. Anselme Nzabonimpa et al. The upholding of the Mladić ruling is a positive signal for victims of the serious crimes committed in the former Yugoslavia. We also take note of the progress that was made previously, including in the case Prosecutor v. Félicien Kabuga. That case also sent a positive signal to the victims of genocide in Rwanda. Cooperation is key if we are to faithfully fulfil the Mechanism’s judicial role and to continue to fight impunity with positive results. We call on the States involved to step up their cooperation with the Mechanism to ensure that we can locate, arrest and hand over these persons for the purpose of prosecuting them and making sure they are held accountable in the pending cases. It is worrisome that in the case Prosecutor v. Petar Jojić and Vjerica Radeta there have been no arrests. That does not assuage the grief of victims and is detrimental to the national reconciliation processes. The social fabric cannot be restored while impunity still prevails. What is even more worrisome is the continued denial of the crimes committed and of events whose existence has already been proven before various tribunals. In the twenty-first century there is no place for divisive and hate-inducing speech. We must move towards reconciliation, unity and inclusion based on justice and truth. In conclusion, we recognize the contribution of the Mechanism to accountability, the strengthening of the rule of law and to international justice. Mexico reiterates its support for the work of the Mechanism and reaffirms its commitment to the victims of atrocities, regardless of where or by whom those atrocities were committed. We must spare no effort in this area, because we have a moral responsibility to these victims to make sure the perpetrators are held accountable.

We have heard the last speaker on this agenda item. May I take it that it is the wish of the General Assembly to take note of the ninth annual report of the International Residual Mechanism for Criminal Tribunals, contained in document A/76/248? It was so decided (decision 76/509).

May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 130?