A/79/PV.23 General Assembly

I now call on Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals. Judge Gatti Santana: I am honoured, as the President of the International Residual Mechanism for Criminal Tribunals, to present our twelfth annual report (see A/79/249). I warmly congratulate His Excellency Mr. Philémon Yang of the Republic of Cameroon on his election as President of the General Assembly at its seventy-ninth session. President Yang, I wish you success in fulfilling this vital and challenging role. Today’s global issues are complex and urgent. In opening the general debate of the General Assembly at its seventy-ninth session, the Secretary-General lamented that the level of impunity in the world is politically indefensible and morally intolerable. The Assembly’s vision of fostering unity in diversity while advancing peace, sustainable development and human dignity for all will be key to our advancement as united nations. The Assembly’s dedication to promoting peace and safeguarding human dignity resonates deeply with me and is in harmony with the wider mandate of the Mechanism. The tribunals for the former Yugoslavia and Rwanda, the responsibilities of which the Mechanism inherited, were established primarily to bring perpetrators to justice and combat impunity for the gravest international crimes. More broadly, however, upholding human dignity — especially for the courageous witnesses, many of whom were victims— remains central to our mission. Having provided tangible justice in the wake of shocking violence witnessed in the latter half of the twentieth century, the tribunals for the former Yugoslavia and Rwanda and, now the Mechanism, serve as a cornerstone for accountability for international crimes today. Our proceedings have resulted in the authoritative interpretation and application of the Convention on the Prevention and Punishment of the Crime of Genocide and international humanitarian law. The dedication and ingenuity of our judges, prosecutors and defence attorneys and accomplished staff from so many of the countries represented in this grand hall ensured that those trials adhered to the highest standards of fairness. Today the sophisticated practice of pursuing international criminal justice draws directly on the work of those tribunals, which the General Assembly has supported since their inception. The Mechanism has concluded the core crimes cases that it was intended to complete. No one indicted for the heinous crimes under its jurisdiction remains at large. Our jurisprudence is being applied by other international and national courts. The United Nations commitment to ensure our financial backing is why those significant milestones have been achieved. It is why international criminal justice is no longer confined to just the hopes of victims and academic discussion. The justice cycle, however, is long, and there is still important work to conclude. The Mechanism remains mandated by the Security Council to protect and support victims and witnesses, supervise the enforcement of sentences of convicted persons, maintain the archives of the tribunals and assist States in pursuing fugitives and trying perpetrators for those conflicts. That work does not get the same attention generated by the trials and appeals that preceded, but that does not make it less important. Properly concluding our mandate is essential to safeguarding the entire justice cycle. Member States’ support is critical. As outlined in the annual report before the Assembly, last year’s conclusion of active core crimes trials and appeals has not ended the Mechanism’s judicial responsibilities. The Trial Chamber seized of the case against Félicien Kabuga, against whom proceedings were indefinitely stayed because he was found unfit for trial, continues to oversee several key matters, including monitoring his health, taking concrete measures to recover the legal aid funds provided for his defence and assessing the possibility of his release. Given his health and the serious charges against him, identifying a suitable State for his provisional release remains a significant challenge, and work to that end is ongoing. In addition, our judges remain seized of numerous requests for access to confidential information or for modification of protective measures for witnesses due to a mounting need for key evidence to support domestic prosecutions of war crimes. Similarly, allegations of contempt and litigation seeking the review of a final judgment have also been on our judicial docket during the reporting period. The Mechanism must continue to fulfil those duties with diligence and in accordance with the highest legal standards. Of note is that the Appeals Chamber has authorized a review hearing in the case of Gérard Ntakirutimana, set for November at the Arusha branch of the Mechanism. Mr. Ntakirutimana is seeking a review of his convictions for genocide and crimes against humanity on the basis of new information that, if proven, could support overturning aspects of his convictions. The scope of those proceedings is limited, and they are expected to conclude swiftly, with a judgment anticipated soon after the hearing. Review of a final judgment remains a rare and extraordinary remedy. However, it is a fundamental right guaranteed by the Statute and the International Covenant on Civil and Political Rights. If that relief is guaranteed, the Mechanism must ensure that justice is done and done swiftly. Our continued jurisdiction over contempt of court remains essential to ensuring witness protection and the integrity of our cases. However, it is important to recall that the Mechanism’s Statute requires consideration of referring contempt cases to national jurisdictions. As outlined in the annual report, our judiciary recently referred one such case to Serbia, and I am happy to announce that since the submission of the annual report, a second contempt case has been referred to Belgium. Moreover, the Mechanism retains an ongoing responsibility to supervise the enforcement of sentences of individuals convicted by the Mechanism and its predecessor tribunals. That function is vital to the justice cycle. It ensures that conditions of imprisonment adhere to international standards of detention and that applications for early release, pardon or commutation of sentences are adjudicated in accordance with established international law and procedure. (spoke in French) The critical functions of the Mechanism extend beyond our judicial activities. Until the Security Council decides otherwise, the Mechanism is tasked with managing and preserving the archives of its predecessor tribunals and those of its own judicial proceedings. Those archives are a repository of information and history that contribute to shaping the future of international justice and are a vital tool in combating genocide denial and divisive ideologies that seek to distort the past and sow discord. Through our website, public databases and library, we ensure that the truth of what happened is accessible to all. We will continue to support stakeholders seeking to establish information centres for that same purpose. The Mechanism is equally committed to supporting domestic jurisdictions that are now at the centre of trying atrocity crimes stemming from the 1994 genocide against the Tutsi in Rwanda and the conflict in the former Yugoslavia. The Mechanism is mandated to deliver assistance to those national efforts, and it will continue to do so until the Security Council decides otherwise. Finally, State cooperation remains key to the Mechanism’s continued success. I would like to take this opportunity to thank Member States for the vital support that the Mechanism receives from them, including, in particular, in the area of sentence enforcement. Nevertheless, a definitive solution for the six individuals who have been released or acquitted and who are currently in the Niger remains to be found. The cooperation of Member States is essential to finding a lasting solution. Our foundational document, Security Council resolution 1966 (2010), is unambiguous regarding the fact that the Mechanism was established to be a temporary and efficient institution. Its closing, however, is no easy task, given the unprecedented scope of the functions and caseload that the Mechanism inherited from its predecessor tribunals. The Mechanism is mandated to operate on two continents and must fulfil the continuous responsibilities that follow from charging more than 250 individuals with international crimes. The breadth of our inherited responsibilities eclipses those of other previous and existing international and internationalized residual tribunals, even when taken together. The cases allowed evidence to be gathered from more than 6,800 witnesses, approximately 3,200 of whom were subject to protective measures, and generated records that are estimated to measure up to 9 kilometres in length. As the President, I currently supervise sentence enforcement for 42 convicted persons serving their sentences in 12 States, and six additional convicted persons remain under the Mechanism’s jurisdiction. Nevertheless, the Mechanism has reduced its requirements while continuing to fulfil its mandate. Between January 2020 and the end of 2024, the Mechanism will have reduced its staffing by approximately 60 per cent and cut its budget by more than 30 per cent. We are mindful that resources are limited. Therefore, we are learning from past practice by adapting and reducing the size of our institution in ways that allow essential work to continue at lower costs and with less staff. Allow me to share a few tangible examples of that from the past year. Last month, the Mechanism reduced its institutional footprint when the Kigali field office ceased operations. That did not occur, however, at the human cost of ending the medical and psychosocial assistance that that office had provided to more than 500 vulnerable victims and witnesses. On the contrary, the Mechanism ensured the continuity of that assistance through full and sustained engagement with the Government of Rwanda, which took over the provision of that important support service. In June, the Mechanism closed its External Relations Office, with the remaining responsibilities distributed among existing resources. In addition, the Registry combined the Judicial Records Unit and the Archives and Records Section to create a dynamic, more flexible team that is responsive to our changing requirements in this truly residual phase for our institution. The Registrar and I have also agreed to establish clearer and more efficient lines of communication between the Mechanism and sentence enforcement States and monitoring bodies, cutting through unnecessary formalities to avoid duplication of work internally. The need to reduce is challenging. Saying goodbye to diverse, hardworking and ingenious staff members who have dedicated their careers to upholding justice is painful. Nevertheless, our focus on justice has not strayed. Our resource reductions have not prevented us from fulfilling our mandate, as we have coordinated them with reductions in the scope of our work. As reflected in the annual report, the Office of Internal Oversight Services recently evaluated our work and issued its report in February. The report spoke positively of our engagement with key stakeholders on our key remaining residual functions, namely, assistance to domestic prosecutions, the supervision of sentence enforcement and the facilitation of access to the Mechanism’s archives. (spoke in English) To continue delivering results, the Mechanism requires sufficient resources and some time. There are limits to optimization. Time is required to substantially reduce the costs for an institution that is mandated to operate on two continents and that inherited functions of unprecedented scope when compared to any other residual international tribunal. Nevertheless, our budget for 2025 will be smaller than 2024, although the anticipated workload remains essentially the same. The Mechanism is committed to finding further substantial cost savings while maintaining the highest standards of justice, and a cross-organ working group is already searching for such reductions going forward. I assure the Assembly that, as our mandated responsibilities and footprint continue to diminish, so too will our future budget requests. Furthermore, in renewing our mandate in 2024, the Security Council, in resolution 2740 (2024), requested that the Secretary-General deliver reports by the end of 2025 on the transferability of the Mechanism’s functions on the supervision of enforcement of sentences and assistance to national jurisdictions and on the possible locations for the Mechanism’s archives. We are committed to supporting the Secretary-General in the preparation of those reports, so that any transfer of those functions will happen in a way that ensures that the justice cycle is concluded appropriately. While our journey is not complete, our focus has shifted towards streamlining our operations and the possible transfer of our functions in a way that ensures that fairness will prevail, witnesses will continue to receive support and protection, sentences will be enforced fairly and in line with international standards, States will be supported in their pursuit of justice locally and the integrity and accessibility of our archives will be ensured. The Tribunals for the former Yugoslavia and Rwanda, and then the Mechanism, were created because the international community, through the United Nations, said that they could not accept genocide, rape and the killing of civilians as weapons of war. Our residual activities show the world’s resolve to see that essential mission through, to prevent the revision of history and to provide hope that our future can be different. With your support, we will show the world’s people that we, the United Nations, fulfil our promises and demonstrate that justice, in the end, will be done.

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 North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, as well as Andorra and Monaco, align themselves with this statement. We would like to thank President Gatti Santana for the twelfth annual report of the International Residual Mechanism for Criminal Tribunals (see A/79/249), covering the period from 1 July 2023 to 30 June 2024. Following the conclusion of all active core crimes proceedings and the tracking of fugitives, the Mechanism transitioned into its truly residual phase. The report defines that as a historic turning point, and we congratulate President Gatti Santana and the whole Mechanism for having efficiently fulfilled their core mandate in the pursuit of international justice and accountability. Let us remind ourselves, however, that the pursuit of accountability does not end with the Mechanism entering into its truly residual phase. It is now for national authorities to cooperate and redouble their efforts to achieve greater justice for the victims of the atrocious crimes committed in Rwanda and the former Yugoslavia. That includes ensuring the enforcement of sentences, reducing the backlog of national cases, locating and prosecuting the several hundred fugitive Rwandan genocidaires, prosecuting the thousands of suspects in relation to the war crimes in the former Yugoslavia and assisting the Mechanism in its several important residual activities. In that context, we regret that, despite the persistent efforts of the Mechanism, the situation of the eight acquitted or released persons who were relocated to the Niger in 2021 remains unresolved. We also deplore the delays in arresting and surrendering the accused persons in certain contempt cases. We call on all States to cooperate with the Mechanism and refrain from any action that would frustrate its activities and achievements. In conclusion, we commend the Mechanism for its accomplishments, as well as for its efforts towards an orderly and efficient winding down of its operations. It is important that the report mentions, in that context, the challenges related to the threats to the legacy and work of the ad hoc tribunals and the Mechanism posed by “genocide denial, historical revisionism and the glorification of convicted war criminals” (A/79/249, para. 5). Preserving memory is essential for reconciliation. It is our collective responsibility to defend the work and the legacy of the ad hoc tribunals and the Mechanism against those threats, and to ensure that their indispensable contribution to international justice will be known to current and future generations. The European Union and its member States stand ready to play their part.

I have the honour to speak on behalf of the three Baltic States — Estonia, Lithuania and my own country, Latvia. The Baltic States align themselves with the statement delivered by the observer of the European Union on behalf of its member States. We would like to thank Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, for the twelfth annual report (see A/79/249). The Mechanism has reached a truly significant turning point by transitioning into its fully residual phase, a milestone that reflects both the progress made in bringing about justice for past atrocities and the enduring challenges we must continue to address. The Mechanism has a crucial role in maintaining global peace and security. Yet the Mechanism’s success in fulfilling its mandate requires increased cooperation and engagement from Member States. Every State must meet its international obligations to ensure justice is served. However, the Mechanism continues to face challenges. The unresolved status of acquitted or released individuals, in particular those relocated to the territory of the Republic of the Niger, underscores the need for more active cooperation and engagement from States. That is a collective responsibility. We urge all States to uphold their commitments to international justice by supporting the Mechanism’s work in addressing those unresolved issues. While the end of prosecutions in some cases, such as that of Kabuga, might feel like a setback, the Mechanism has been instrumental in ensuring that national authorities are equipped to carry on that vital work. The Mechanism’s efforts to safeguard witness protection and ensure the proper enforcement of sentences are a further testament to its continued relevance. In a world where the legacy of atrocities is often rewritten or denied, the Mechanism serves as a guardian of justice and accountability. Its records and archives hold invaluable lessons for future generations, reminding us of the international community’s responsibility to stand against impunity. As we look to the future, the importance of preserving the legacy of the Mechanism and the ad hoc tribunals cannot be overstated. Those institutions have contributed greatly to the development of international criminal law over the past 30 years. It is our duty to ensure that that legacy is not only preserved, but also used as a foundation for strengthening international criminal justice moving forward. In order to further strengthen global justice systems, we strongly advocate the creation of a special tribunal to prosecute those most responsible for the crime of aggression against Ukraine that would apply international law and enjoy broad cross-regional support to guarantee its legitimacy. In conclusion, we commend the Mechanism for its unwavering commitment to justice and accountability. Its work has been and continues to be critical in our shared fight against impunity. As it nears the completion of its mandate, we reaffirm our full support for the Mechanism and its mission.

I have the honour to speak today on behalf of Australia, New Zealand and my own country, Canada (CANZ). The CANZ countries reaffirm our strong support for the important work of the International Residual Mechanism for Criminal Tribunals, which safeguards and continues the legacy of the ad hoc tribunals for Rwanda and the former Yugoslavia. Those tribunals and the work of the Mechanism have been instrumental in combating impunity for the most serious international crimes and bringing justice to victims of those crimes. They are crucial cornerstones of the international rules-based order. CANZ recognizes that accountability plays a fundamental role in sustaining peace, and we remain steadfast in our commitment to accountability for serious international crimes. We acknowledge the Mechanism’s historic transition into a fully residual institution following the conclusion of active core crimes proceedings and fugitive tracking. We note the decision of the Appeals Chamber to stay indefinitely the proceedings relating to Félicien Kabuga, indicted by the International Criminal Tribunal for Rwanda (ICTR) as one of the alleged architects of the 1994 genocide against the Tutsi in Rwanda, in the light of the determination that he is unfit to stand trial. We stand with the victims and survivors and their families and share their disappointment that Mr. Kabuga will not face judgment for his alleged crimes. Nonetheless, we recognize 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 and the importance of ensuring that it is done in a manner consistent with the fundamental right to a fair trial and respect for best practices in the field of international criminal justice. We hope that the work of the Prosecutor’s Office and the Tribunal, including the collection of substantial evidence, will stand as a valuable record of the events that occurred. We also wish to highlight the successful efforts of the Mechanism to account for the final remaining fugitives of the ICTR. With the conclusion of the Mechanism’s two core residual functions, we take this opportunity to recognize and commend all those who have contributed to those essential efforts to end impunity and hold perpetrators of serious international crimes to account. Finally, we wish to underline the ongoing work of the Mechanism in assisting national jurisdictions prosecuting international crimes committed in Rwanda and the former Yugoslavia. Those national prosecutions remain essential in securing justice for the victims of the war crimes, crimes against humanity and genocide committed in Rwanda and the former Yugoslavia. We note the continued high volume of requests for assistance received by the Office of the Prosecutor, which demonstrates strong national engagement towards accountability. (spoke in French) International criminal tribunals are a key component of the international community’s collective response to mass atrocities. The CANZ countries recognize that it is our collective responsibility to support that important work in the development of international criminal law and the administration of justice in cases involving the most horrific crimes in recent history. The Mechanism cannot fulfil its mandate without the support, proactive cooperation and commitment of States Members of the United Nations. CANZ stresses the importance of cooperation to ensure justice for all victims of criminal atrocities. We highlight the importance of maintaining the integrity of proceedings and ensuring that witness interference is condemned and where appropriate subject to contempt proceedings. (spoke in English) We wish to underline our unwavering support for the Mechanism as it transitions into its truly residual phase. We will continue to offer our full support for its work, including providing assistance to national jurisdictions prosecuting international crimes committed in the former Yugoslavia and Rwanda. As with the ICTR and the International Tribunal for the Former Yugoslavia, the Mechanism’s ultimate legacy depends on the individual and collective efforts of Members States. Those efforts are essential if we are to give practical effect to our commitment to justice for all victims of criminal atrocities.

Costa Rica thanks Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, for her annual report (see A/79/249) and for the Mechanism’s progress over the past year. The Mechanism is essential for accountability. It preserves the legacy of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia and ensures that justice for the most serious crimes under international law is served. Costa Rica reaffirms its unwavering support for the Mechanism and its role in upholding international criminal justice. Allow me to make three observations. First, we congratulate the Mechanism for the progress made, as detailed in the annual report. In particular, we highlight the completion of the follow-up of fugitives, which marks a milestone in international criminal justice and reflects the Mechanism’s commitment to the victims of the genocide in Rwanda and the conflicts in the former Yugoslavia. Despite the decrease in workload following the indefinite suspension of the Prosecutor v. Félicien Kabuga case, the Mechanism continues to play an important role in judicial matters, such as witness protection, contempt cases and requests for review. That demonstrates its relevance and adaptability in its residual phase. The Mechanism and the Tribunals that preceded it have been fundamental in holding perpetrators of atrocity crimes accountable. They have also been fundamental in ensuring that justice prevails and that victims are not forgotten. Justice is not just an aspiration — it is a necessity to prevent future atrocities and ensure that the horrors of the past are never repeated. By bringing those responsible for international crimes to justice, the Mechanism sends an unequivocal message: the global commitment to the rule of law is unwavering, and impunity will not be tolerated, no matter how many years have passed. Impunity is not just a failure of justice — it is a betrayal of humankind. Each step towards accountability is therefore a cry of hope that resonates in every single corner of the world. Secondly, Costa Rica reaffirms that justice and accountability are essential to achieving lasting peace. The Mechanism’s efforts to hold perpetrators accountable have been decisive, not only in achieving justice for victims, but also in promoting peace and reconciliation in regions devastated by conflict. Costa Rica is convinced that justice and accountability are the indispensable foundations to ensure that international peace and security are sustainable. Thirdly, we underline that the success of the Mechanism depends largely on cooperation with States. We urgently call on all Member States to fulfil our obligations to execute sentences, provide evidence and hand over those indicted. Without that cooperation, the Mechanism’s ability to fulfil its mandate will be seriously compromised. The continued support of States, both in cooperation and financial assistance and political support, is essential. Costa Rica reaffirms its unwavering commitment to the Mechanism and calls on all States to ensure that this vital institution can continue to play its essential role. In conclusion, Costa Rica reiterates its firm belief in the importance of the work of the Mechanism in promoting justice, accountability and the rule of law. The body is not only a tribunal, but a symbol of the international commitment to combat impunity and a guarantee that the most heinous crimes will not go unpunished. As we celebrate the progress made by the Mechanism, we must renew our commitment to supporting its efforts and protecting its legacy for future generations. Costa Rica will remain steadfast in its support for international criminal justice, of which the Residual Mechanism is an integral part. International criminal justice is the only effective barrier against impunity for the most heinous crimes. Without it, there is no guarantee of peace or dignity for the victims.

France aligns itself with the statement delivered on behalf of the European Union and its member States and wishes to add the following in its national capacity. I thank President Gatti Santana for presenting the twelfth annual report of the International Residual Mechanism for Criminal Tribunals (see A/79/249). France reiterates its commitment to the fight against impunity and to preserving the legacy of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, which are responsible for prosecuting the perpetrators of international crimes. While there are no longer any fugitives indicted for core crimes by the International Criminal Tribunal for Rwanda or the International Tribunal for the Former Yugoslavia, France takes note of and supports the entry of the Mechanism into its residual phase. The Mechanism will have many tasks to perform, such as monitoring the enforcement of judgments, protecting victims and witnesses, assisting national jurisdictions, managing archives and memorialization. In that regard, we welcome the Mechanism’s efforts to streamline its operations and its support for the review of its working methods by the Office of Internal Oversight Services. We also welcome the Mechanism’s submission of the framework of operations to complete functions, a living document setting out the envisaged completion dates for each of the functions. That review process culminated in the adoption on 27 June 2024 of resolution 2740 (2024), by which the Security Council extended the mandate of the Mechanism and reappointed the Prosecutor for a period of two years. The Secretary-General also extended the mandate of the judges on the roster of judges and of the Registrar. We welcome the arrest, more than a year ago, of Fulgence Kayishema, thanks to the cooperation between the Office of the Prosecutor and the authorities of South Africa and other countries. That arrest is an example of efficient and effective international cooperation in the fight against impunity. We note with concern, however, that the Mechanism is still encountering difficulties in fulfilling its mandate, in particular with regard to the issue of the resettlement of acquitted persons and those convicted who have served their sentences. It is important to complete the resettlement of such persons. France urges all States to cooperate with the Mechanism, in accordance with their international obligations, and to support it in its activities to bring justice to victims and promote reconciliation. We regret that some partners still refuse to do so, despite repeated appeals from the President of the Mechanism, the Prosecutor and many Member States. Finally, France believes that the memorialization is essential for reconciliation. We remain concerned about the denial of crimes, hate speech and the glorification of genocidaires and war criminals convicted by the international criminal tribunals following impartial and independent proceedings.

Japan appreciates the briefing by President Santana of the International Residual Mechanism for Criminal Tribunals and welcomes the Mechanism’s progress over the past year. We reiterate Japan’s strong commitment to promoting the rule of law, including the fight against impunity and the pursuit of transitional justice, and our unwavering support for the role of the Mechanism in that regard. Japan welcomes the adoption of Security Council resolution 2740 (2024) in June, which extended the mandate of the Mechanism. We welcome the transition of the Mechanism to its truly residual phase, following the conclusion of the last core crimes case and tracking of fugitives indicted by the International Criminal Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia. That achievement would not have been possible without the tenacity and expertise of the fugitive tracking team. We would like to express our sincere respect for their dedication and professionalism. We also recognize that the excellent cooperation of the States involved played an important role in achieving that outcome. Our utmost gratitude is extended to them as well. We note that currently, one of the main functions of the Mechanism is providing necessary support to national judicial authorities who have been grappling with prosecuting and executing sentences for atrocious crimes committed in Rwanda and the former Yugoslavia. That is a critically important role, since an effective, reliable judicial process at the national level is essential to achieving greater justice for the victims of those crimes, thereby strengthening the rule of law and promoting reconciliation in society. At the same time, we reiterate the importance of States’ further cooperation regarding the transfer of those who are convicted for the execution of sentences, as well as the treatment of acquitted persons and convicted persons who have completed their sentences. We call on all Member States to provide the Mechanism with the necessary assistance on that long-standing issue. While we acknowledge that the Mechanism continues to have an indispensable role, its activities and size should be narrowed over time, commensurate with the reduction in its functions. We take note of the framework of operations to complete functions, issued by the Mechanism in April, and welcome the higher efficiency achieved through cross-organizational efforts. Japan expresses its appreciation to President Gatti Santana for her leadership and promotion of good governance in the Mechanism, working closely with all key stakeholders. Let me express once again our sincere gratitude for the tireless efforts of the judges, prosecutors and all staff members of the Mechanism in fulfilling its important mandate, which was entrusted to it by the Security Council. Our support for the role and mission of the Mechanism will not change. We will always uphold the rule of law and continue to work together with fellow Member States and international judicial institutions, including the Mechanism.

The United States thanks President Gatti Santana for her report on the efforts of the International Residual Mechanism for Criminal Tribunals to bring perpetrators to justice for atrocities committed in Rwanda and the former Yugoslavia (see A/79/249). We are grateful to President Gatti Santana for her leadership of this important institution. Every year, the Mechanism makes significant strides in delivering justice with respect to some of the gravest crimes of the past century. After more than a decade in operation, the Mechanism is now truly in a residual phase of its mission, as trials and appeals for core international crimes are at an end, and the last remaining fugitives are captured or confirmed dead. Reaching that goal has been the result of the unflagging efforts of judges, lawyers, investigators, translators, administrative staff and countless others. Because of their work, virtually all those most responsible for crimes committed during the terrible conflicts in Rwanda and the former Yugoslavia have been held accountable. The success of the Mechanism and its predecessors — the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda — has helped to usher in a new era of accountability, in which international, regional and national tribunals dealing with atrocity crimes have flourished, and perpetrators can no longer assume that they can escape justice. Those Tribunals have taught us that justice after conflict is not just possible but indispensable to lasting peace and stability. And through their work, the Mechanism and its predecessors have enabled thousands of survivors to face perpetrators in court and share their stories with the world. We will not forget their courage, nor will we forget those who died, whose memories we honour. While the Mechanism has wrapped up its active cases, we continue to appreciate its efforts to carry out duties that are integral to the administration of justice: supervising the enforcement of sentences, monitoring cases in national systems, protecting witnesses and preserving and managing the archives. All those efforts, together with the trials that preceded them, are core to the effective administration of justice. We continue to appreciate President Gatti Santana’s expressed priorities and her efforts on continuing to streamline and harmonize the functions of the Mechanism. We also acknowledge and appreciate the Mechanism’s ongoing work in assisting national jurisdictions with domestic prosecutions. With the Mechanism’s technical assistance, national authorities across the world have increased their capacity to deliver justice. We particularly welcome the news of Prosecutor Brammertz’s trip to Bosnia and Herzegovina, Serbia, Croatia and Montenegro and echo his call for greater regional cooperation and expediting the resolution of atrocity crimes cases. We recognize the stated commitment of those countries to accountability and hope to see more concrete steps towards justice for victims, which is urgently needed. No less than during the active trial phase, the continued success of the Mechanism in its residual phase depends on the cooperation and support of all States. We urge all States to join us in support of the Mechanism’s efforts to continue to provide justice to victims, which is so critical for peace and reconciliation.

On behalf of the United Kingdom, I would like to start by thanking President Gatti Santana for her most recent report (see A/79/249) and the Prosecutor, Registrar and all those working at the International Residual Mechanism for Criminal Tribunals for their continued dedication to international justice. Their work has led to a number of notable successes over the past year and throughout the history of the Mechanism. In particular, the United Kingdom commends the Mechanism’s recent tracking of all the remaining fugitives of the International Criminal Tribunal for Rwanda and the conclusion of all its active core crimes proceedings, both of which represent significant milestones. More broadly, the United Kingdom firmly supports the Mechanism and its crucial role in ensuring justice for the most serious crimes, as we demonstrated through our support for the Mechanism’s mandate renewal earlier this year. The United Kingdom is committed to preventing impunity for perpetrators of genocide, war crimes and crimes and against humanity, in which the Mechanism has played, and continues to a play, an important role. However, despite the particular successes of the Mechanism, the United Kingdom remains concerned about Serbia’s failure to cooperate. The United Kingdom continues to call on Serbia to engage constructively with the Mechanism in arresting and transferring Petar Jojić and Vjerica Radeta to the Mechanism following many years of requests. It is disappointing that, years on from the Court’s initial request, Jojić and Radeta are yet to face justice. The United Kingdom also remains concerned about the perpetuation of hate speech in the Western Balkans, including among individuals who have been entrusted to safeguard the interests of ordinary people. The stoking of ethnic tensions and the denial of war crimes hold the region back from achieving its undoubted potential and undermine the efforts of many people in the region to build a better, more prosperous and more inclusive future. As the Mechanism has transitioned into a fully residual institution, the United Kingdom emphasizes the need for efficiency, while maintaining the Mechanism’s core functions, including the supervision of sentenced individuals, the protection of witnesses and support for domestic proceedings in the former Yugoslavia and Rwanda. We have been pleased to note the Mechanism’s process and progress in that transition, and we commend its workforce planning document, as revised in April, which presented a framework of operations for the purpose of completing the Mechanism’s functions. The United Kingdom does not support proposals to enforce arbitrary deadlines on the eventual closure of the Mechanism. While we support further efficiencies and streamlining in line with the move to a fully residual institution, it is vital that the Mechanism be allowed the time to complete its work in a way that supports and respects international law. The United Kingdom remains a steadfast advocate for the Mechanism’s work, recognizing its indispensable role in delivering justice. We continue to commend the detailed work being done in that respect and encourage continued consideration of possible streamlining and efficiency, even as the Mechanism has transitioned into a fully residual institution.

Slovenia aligns itself with the statement made by the representative of the European Union, and I would like to add the following remarks in our national capacity. First of all, Slovenia would like to thank President Gatti Santana for steering the International Residual Mechanism for Criminal Tribunals towards the completion of its mandate and for the remarkable progress achieved thus far. Slovenia strongly supports the Mechanism and its work and will continue to do so. The effective prosecution of international crimes is essential for building and maintaining the rule of law, establishing truth and accountability and promoting reconciliation in affected countries. On the other hand, we note with great concern the denial of crimes, the non-acceptance of facts established in judgments and the lack of cooperation by Member States. The Mechanism has consistently demonstrated its commitment and determination to plan appropriately for the future. After more than a decade as a fully operational court, and having effectively completed the substantive case work of the ad hoc tribunals, the Mechanism can now focus on the truly residual functions for which it was originally established. The next stage will be to decide on the completion of the Mechanism’s mandate and the possible transfer of its remaining residual functions. For Slovenia, one of the most important residual functions that needs further consideration is the preservation, management and continued accessibility of the archives and the information that they contain. Slovenia believes that archives have a lasting value and that effective management of evidence to preserve their probative value is essential to ensure accountability before international and national courts, as international crimes are not time-barred. Criminal proceedings require an accessible system in which all evidence and documents are properly stored and managed by qualified personnel. There are still thousands of unresolved cases before national courts involving alleged perpetrators of war crimes, crimes against humanity and genocide that need to be investigated and prosecuted. As indicated in the most recent reports, the Registry received and responded to a large and increasing number of requests for assistance and provided even more judicial records to national authorities, while the Mechanism Archives and Records Section responded to numerous requests for access to records. As judicial activities conclude, the educational and research value of archives gradually increases. It is essential to strengthen the capacity to search and use them, particularly within the communities concerned. This would also contribute to preserving the legacy of both the Mechanism and its originator, the United Nations. Slovenia believes that a centralized system for the management of the archives of the various tribunals and mechanisms established under the United Nations umbrella would be the most appropriate and efficient way forward. At present, a smaller Mechanism is the best option to carry out the tasks entrusted to it by the international community. In order to preserve the legacy of the ad hoc tribunals and the Mechanism, we must not be too hasty in transferring its functions. That legacy remains crucial in combating genocide denial and the glorification of war criminals, in reaffirming to victims and others that the perpetrators of the most heinous international crimes will not go unpunished, no matter how long it takes, and in reconciling affected communities. In conclusion, Slovenia supports a sustainable solution that preserves the achievement of the objectives and purpose of the establishment of that and other mechanisms created under the auspices of the United Nations.

I begin by thanking President Gatti Santana for the twelfth annual report (see A/79/249) and briefing on the ongoing work of the International Residual Mechanism for Criminal Tribunals. The Mechanism’s activities and accomplishments have been of great importance for the international criminal law system and for the pursuit of accountability for atrocity crimes. Malta aligns itself with the statement delivered by the representative of the European Union and would like to deliver the following remarks in its national capacity. We are pleased with the fact that the Mechanism has reached an historic turning point by transitioning into its truly residual phase and with the development of a comprehensive, scenario-based workforce planning document aimed at completing the Mechanism’s functions, in line with Security Council resolution 2637 (2022) and the recommendations of the Office of Internal Oversight Services. That, however, does not mean the end of judicial activities, and we commend the fact that, during the reporting period, the Chambers remained seized of mandated judicial activity, ensuring the fulfilment of justice and due process. We also welcome the Prosecution’s progress in concluding the tracking of the last three remaining fugitives of the International Criminal Tribunal for Rwanda (ICTR). The Mechanism’s dedication to fulfilling the mandate entrusted to it by the Security Council is commendable, with no active core crimes proceedings remaining and all fugitives accounted for. The Mechanism fulfilled the Security Council’s vision of combating impunity for severe violations of international humanitarian law and the necessity of bringing to justice all persons indicted by the International Criminal Tribunal for the former Yugoslavia and the ICTR, including the remaining fugitives. The work of the Mechanism is both substantial and unprecedented among international and internationalized tribunals. That judicial body took over the remaining work of the two dedicated tribunals for war crimes committed in Rwanda and the former Yugoslavia following their closures in 2015 and 2017. We must safeguard the ongoing memory of that historical and legal work. That can be done by ensuring access to archives and jurisprudence and by supporting national jurisdictions in the investigation and prosecution of crimes related to the conflicts in Rwanda and the former Yugoslavia. We underscore that disseminating valuable lessons learned over three decades of experience is important not only for the Mechanism’s legacy, but also because such dissemination is a pivotal tool in countering genocide denial and the glorification of war criminals. We thank the Mechanism’s staff for their leadership and efforts in fighting impunity and honouring the victims’ memories. This temporary institution has left a permanent positive impact. We must continue to provide our support in order for it to complete its vital mandate.

Germany aligns itself with the statement delivered by the representative of the European Union. In that respect, and on behalf of the European Union, we would like to rectify the list of countries that aligned themselves with the statement delivered by the representative of the European Union. That list should read as follows: North Macedonia, Montenegro, Albania, Ukraine, the Republic of Moldova, Bosnia and Herzegovina and Georgia, as well as Andorra and Monaco. I thank the President of the Mechanism for her briefing today and for the twelfth annual report of the International Residual Mechanism for Criminal Tribunals (see A/79/249). We continue to appreciate the important work by the Mechanism towards strengthening international criminal justice and the tireless dedication of its judges, attorneys and staff. We congratulate the Mechanism not only on the completion of all proceedings related to core crimes brought before the International Tribunal for the Former Yugoslavia (ICTY), but also on the fact that all fugitives indicted by the International Criminal Tribunal for Rwanda have now been accounted for. Germany commends the Mechanism’s accomplishments over the past year and notes that the activities are being further consolidated and more proceedings are coming to a close. We are conscious of the fact that major functions of the Mechanism, in particular in the form of assisting national jurisdictions and monitoring of cases referred to national jurisdictions, will continue. Currently, four prison sentences imposed by the ICTY are being enforced in Germany, with a fifth enforcement agreement being finalized as we speak. We want to take this opportunity to underline that Germany will also comply with requests for assistance and with orders issued by the Mechanism in further cases, and we encourage other States to do the same. Germany continues to support the Mechanism, both politically and financially, in fulfilling its mandate and implementing its vision of being a small, temporary and efficient institution of international justice. We urge all States to cooperate with the Mechanism and to refrain from any activities that could frustrate its important task of bringing an end to impunity. The sustained support of all States is essential to guaranteeing the efficient functioning of the justice process and the credibility of international justice as a whole. We wish to remind States that justice does not end with the delivery of a final judgment, especially now, in the residual phase, when it is up to the national authorities to strengthen their commitment to the prosecution of the atrocious crimes committed in the former Yugoslavia and Rwanda. Germany reiterates its firm support for international criminal justice in general and for the Mechanism in particular. Defending the remarkable legacy of international tribunals and accountability mechanisms must be our goal. Their important work for justice and reconciliation will serve as an example and remind us of the importance of accountability for international crimes.

Allow me to join the previous speakers in thanking the President of the court for her always useful and detailed briefing to the General Assembly. I would like also to thank those who spoke before me for their useful insights on the work of the International Residual Mechanism for Criminal Tribunals. Rwanda commends the work of the Mechanism in bringing the prosecutorial work to an end and in completing the tracking of all fugitives under its mandate. We further commend the court and the Office of the Prosecutor for maintaining good relations with the Government of Rwanda. While the court’s prosecution of crimes has come to an end, the accountability process must continue. In April, here, in the General Assembly we commemorated the thirtieth anniversary of the 1994 genocide against the Tutsi in Rwanda and underscored the need for sustained commitment to track, extradite and try in several countries the fugitives indicted by Rwanda. As the mandate of the International Criminal Tribunal for Rwanda and the Mechanism come to an end, we must reflect on its achievements while addressing the challenges that remain. The completion of the work of the Mechanism in trials is not an end to the justice process for the victims. All those who perpetrated the genocide in Rwanda must be held accountable. As the Mechanism prepares for the closure of its functions, Rwanda points to the following important aspects concerning the future of the Mechanism. First, certainly our most important request is for the relocation of the archives of the International Criminal Tribunal for Rwanda (ICTR) and the Mechanism to Rwanda. The ICTR and the Mechanism’s archives hold immense historical value to Rwanda. Decades of testimonies, records and evidence exist in those archives, and it is important that their custodial management be carried out in Rwanda, either by Rwanda or by the United Nations on Rwandan soil. Rwanda will guarantee the accessibility and confidentiality of the information contained therein. The Rwandan Government will contribute to the resources needed for building a facility for those archives, will make it accessible and ensure confidentiality. Rwanda will gladly let the United Nations manage a facility built on Rwandan soil, if it so wishes. Secondly, on the enforcement of sentences for convicted individuals, Rwanda stands ready to contribute to finding solutions for the enforcement of those sentences. In the ongoing discussions on closure, Rwanda will contribute a plan for assuming responsibilities, particularly in the enforcement of sentences and the facilitation of the return of acquitted persons, wherever they are. Should the Security Council decide to entrust enforcement to Rwanda, as other countries have done in the past, Rwanda reaffirms its commitment to enforcing sentences in accordance with international standards, just as Rwanda hosts the enforcement of the sentences of several other persons, including those convicted by the Special Court for Sierra Leone. Our doors remain open to those Rwandans who have been acquitted or who have served their sentences. Our approach is rooted in reconciliation and in welcoming them back, as part of Rwanda’s restorative justice processes. Thirdly, Rwanda has taken note of the issue of the relocation of acquitted and released persons, as contained in the report (see A/79/249). The report states that the resettlement of the acquitted and released persons who are presently residing in the Niger remains unresolved. Rwanda wishes to remind Member States that, in all meetings with the officials of the court, the Rwandan Government has consistently made it clear that those Rwandans acquitted and released by the court are free to come back to Rwanda. If they decide to do so, they will certainly not be the first Rwandans to return to Rwanda and live side by side with other Rwandans in full enjoyment of their rights. That has been the case for hundreds of thousands of former convicts, who today live peacefully side-by-side with survivors — a testament to the success of Rwanda’s unity and reconciliation efforts. The court has also referred several cases to Rwanda for trial and subsequent enforcement of sentences in the event of convictions. Fourthly, and most importantly, I turn to the issue of genocide denial. The court has regularly reported on genocide denial before both the General Assembly and the Security Council. The court has expressed its grave concern in that regard and called for urgent attention to be given to genocide denial. Rwanda has, on several occasions, made the same call. To prevent future genocides, we must address the issue of genocide denial, condemn it in strongest terms possible and denounce it as intolerable and unacceptable. Genocide denial must be condemned in the strongest terms in all houses. Lastly, I would like to highlight the Witness Support and Protection Unit, mentioned here earlier. There are currently 521 witnesses who have been beneficiaries of the services offered by the court’s office in Kigali. Over the past months, different government stakeholders and members of the court have held meetings to discuss modalities whereby protection measures, medical support and subsistence support to witnesses would continue when the court closes. As we await the impending closure of the Kigali field office, it is prudent to note that the mandate to protect and support witnesses should not immediately cease when the court closes in Kigali. To that end, Rwanda proposes that additional measures be adopted by the court to protect witnesses. That support would be aimed at facilitating their exit from the medical services and other related programmes so as to facilitate their successful integration into society. Considering the ongoing efforts to ensure a seamless transition and continued support for the selected beneficiaries, it is respectfully suggested that the court consider providing transitional support to witnesses to sustain the progress achieved by the court and the witnesses.

I would like to begin by thanking President Gatti Santana and Prosecutor Brammertz for their insightful report (see A/79/249) and commend their commitment in pursuing international justice and advancing accountability for atrocities committed in Rwanda and the former Yugoslavia. The judicial mandate of the International Residual Mechanism for Criminal Tribunals has been fully completed, and we recognize the remarkable progress achieved on the mandate entrusted to it by the Security Council. It has not been an easy mission, as it has faced many challenges in the quest to achieve justice for the victims for the most horrific crimes. We praise the work of the International Criminal Tribunal for the Former Yugoslavia and the Mechanism and recognize the dedication of the judges and the staff and their immense contribution to the rule of law and the fight against impunity in the former Yugoslavia. Albania has joined the international community’s enduring commitment to hold those most responsible for atrocities accountable. My country has been a strong supporter of the Mechanism as an international independent judicial body in pursuit of accountability for genocide, crimes against humanity, war crimes committed in the former Yugoslavia and in Rwanda. The Mechanism’s ruling on 31 May 2023, sentencing for crimes against humanity two close allies of former Serbian President Slobodan Milošević, is a milestone development and achievement of justice in our region in the Balkans. It has taken years for justice to be delivered on that long-awaited judgment, but it is never too late to answer the victims’ demands for acknowledgement of the crimes that they witnessed and experienced. The resilience and the courage of many witnesses helped justice to prevail. While the Mechanism has successfully transitioned into a fully residual institution, the effectiveness of it in conducting its work relies on cooperation from Member States. We hope that the Balkans can continue to make progress on cooperation, as victims have waited too long for justice. The best practices and lessons learned by the Mechanism should be a reference for the national jurisdictions in our region in the investigation and prosecution of crimes related to the conflicts in the former Yugoslavia. We commend the adoption this year of resolution 78/282 commemorating the victims of Srebrenica. Albania is deeply concerned about the ongoing incitement to violence, the distortion of historical facts, the glorification of war criminals and the denial of atrocities committed in the Balkans — actions which jeopardize the reconciliation process and peaceful coexistence in our region. In that regard, we, in the region, need to invest more in justice systems, enforce the rule of law, and respect human rights and fundamental freedoms as pillars of resilient and just societies. I would like to conclude by emphasizing that Albania will continue to work closely with like-minded Member States to support the Mechanism in fully achieving its mandate.

I thank Judge Graciela Gatti Santana for having presented to the General Assembly the twelfth annual report on the activities of the International Residual Mechanism for Criminal Tribunals (IRMCT) (see A/79/249). On behalf of my Government, I also commend her and Prosecutor Serge Brammertz for their remarkable work to ensure that the Mechanism fulfils its mandate, thereby upholding the primacy of international law. During its recent mandate at the Security Council, Brazil had the privilege of reading to the organ the semi-annual reports on the activities of the IRMCT, participating in its debates on the Mechanism and engaging with their principals in the less formal settings of the Informal Working Group on International Tribunals. For that reason, we had an optimal vantage point from which to examine the challenges the IRMCT faces in terminating its functions, despite the efforts being undertaken to that end. The Security Council conceived the IRMCT to be temporary. As a result, its activities should be gradually discontinued according to clear timelines We acknowledge that this is easier said than done, and welcome the earnest efforts undertaken by Judge Gatti Santana’s presidency to fulfil the mandate received from the Council to that end. The conclusion of its core judicial cases ushered in a new era for the Mechanism, which started a fully residual phase last year. In the same vein, the confirmation of the remaining fugitives’ deaths led to the endpoint of one of the main assignments of the Office of the Prosecutor. Those significant breakthroughs do not entail a loss of a reason for IRMCT to continue to exist. Brazil is aware that there are long-term residual functions that the Mechanism is expected to perform. That is the case of the supervision of the enforcement of sentences. That task must be carried out until the last convict passes away or finishes serving his or her sentence. Victim and witness protection may be necessary until the last member of their immediate family passes away. Convicted persons may also request judicial reviews of their cases at any time if new facts arise. That seems to be the case of the request granted last May by the Appeals Chamber for the review related to one event in the convictions against Gérard Ntakirutimana. Furthermore, the Mechanism still receives a significant number of requests for assistance from national jurisdictions. It is also crucial to preserve its archives, and we welcome the Mechanism’s efforts to disseminate information about its legacy. The IRMCT inherited judicial cases and the residual functions of the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. Those former Tribunals are landmarks in the history of international criminal justice. They were decisive for the development of the jurisprudence on international criminal law. They played an important role in providing accountability for the most serious crimes of international law committed in the territories of the former Yugoslavia and Rwanda. It is of the utmost importance to preserve their legacy. In that context, we welcome the adoption of Security Council resolution 2740 (2024), in which the Council extended the Mechanism’s mandate and reappointed the Prosecutor for a two-year period. It was a recognition that the termination of the IRMCT is a long process, which needs to follow its due course for the sake of justice. It was also an acknowledgement that the IRMCT still needs the support of the international community to discharge its mandate. Therefore, we call for full cooperation with the Mechanism for the execution of outstanding arrest warrants and orders of surrender and for the relocation of acquitted or released persons. Brazil reiterates that States are primarily responsible for holding accountable those who perpetrate crimes on their territories. International tribunals are supplementary to the national judiciaries. They must act when national institutions are unable or unwilling to adjudicate those crimes themselves. The principle of complementarity ensures that States retain ownership in their right and, above all, duty to provide justice to their citizens. Strong national institutions are key elements in the fight against impunity.

We have familiarized ourselves with the twelfth annual report (A/79/349) of the International Residual Mechanism for Criminal Tribunals. This lengthy document once again fails to answer the most important question: how and when does the leadership of that institution plan to conclude its activities? Against the backdrop of a completely empty docket, the continuation of the Mechanism in its current form, including the number of staff and the size of its budget, is not just anachronistic, but frankly absurd. We are convinced that that money could be better spent, for greater benefit, by the United Nations. Arguments in support of the Mechanism’s existence often refer to the need to preserve its unique legacy and that of its predecessors. We, too, consider the legacy of the Mechanism and the International Criminal Tribunals is indeed unique, in its own way, but it is hardly worth preserving, except as an example of how justice should not be done. The International Tribunal for the Former Yugoslavia (ICTY) rendered its so- called justice in disregard of the principles, rules and standards established by international criminal law. It arbitrarily and expansively interpreted the norms of international law and used dubious concepts of its own devising to circumvent flaws in the charges and inescapable doubts about suspects’ guilt. For example, its inability to prove intent was remedied through the use of the speculative construct of joint criminal enterprise. There was no impartiality in the work of the ICTY. It refused to consider NATO war crimes committed during the military aggression against Yugoslavia, despite the publicly available evidence of deliberate attacks on civilians and civilian objects, including schools, hospitals and cultural heritage sites. It is particularly worth recalling the use of depleted-uranium weapons, which caused an explosive rise in cancer in the region. The irresponsible and criminal actions of NATO condemned the local population to decades of disease and suffering. However, this is not just a question of the indulgences granted to military commanders and leaders of NATO countries by the ICTY. The Tribunal was equally biased in its approach to investigating the crimes of the regional parties to the armed conflict. The vast majority of defendants and convicts were Serbs. The rare non-Serb defendants almost all got off scot-free, among them real thugs, whose actions the ICTY did not deem criminal. Former ICTY Prosecutor Carla del Ponte wrote in her book that, in 1999, some 300 Kosovo Serbs were taken to a camp in northern Albania. There they were killed, and their organs went to the Western European black market, according to Ms. Del Ponte. At the head of this criminal business were the former leader of the Kosovo Liberation Army (KLA), the Prime Minister of so-called Kosovo, Hashim Thaçi, and former KLA field commander Ramush Haradinaj. One could ask — why were interesting discoveries presented in memoirs, 10 years after the events, but not form part of the ICTY indictments? As we understand it, the Tribunal took no interest in Hashim Thaçi’s activities at that time. Ramush Haradinaj faced very modest charges and was ultimately acquitted. General Ante Gotovina and Naser Orić were also acquitted. It is worth noting that Mr. Thaçi, along with a number of former KLA commanders, are now being tried as defendants in the so-called Kosovo Specialist Chambers, established in 2016. It is telling that they stand accused of the same monstrous acts to which the ICTY chose to turn a blind eye. That is all there is to know about the alleged impartiality of this institution. The contrast is particularly clear in the ICTY’s treatment of Serbian suspects, contrary not only to the presumption of innocence and the principle of humanity, but also to the most basic standards of treatment of detainees and prisoners. For example, General Djordje Djukic, arrested by the ICTY, had cancer and died 5 months after his arrest, without the institution showed any leniency in view of his poor health. Simo Drljača and Dragan Gagovic were killed during arrest. Milan Kovačević died in an ICTY prison before medical attention could reach him. Momir Talić also died in an ICTY prison. Slobodan Milošević also allegedly died of natural causes in an ICTY prison. Milan Babić allegedly committed suicide there. A similar fate befell Slavko Dokmanović. The Mechanism inherited the ICTY’s shortcomings in that regard. Its double standards are evident in the treatment of Rwandan Félicien Kabuga and Serbian General Ratko Mladić. The Mechanism ordered one independent medical examination after another, for the former, and ultimately declared him unfit to stand trial. It is now looking for a country where he can be released. The latter, by contrast, has been denied a health assessment year after year, is not receiving qualified medical care and is still being denied his other basic rights. The year 2024 marked the Council’s fifth biennial review of the Mechanism’s work, as mandated by resolution 1966 (2010). This procedure addressed a range of practical questions and solutions, including the transfer of all residual functions to interested States and closing the Mechanism. My delegation firmly believes that, from the perspective of budgetary savings and, indeed, common sense, that is the best option. The archives of the Mechanism and its predecessors, the International Criminal Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia should be transferred to Rwanda and Serbia, respectively. Those archives should be publicly available, and the materials should be declassified. That is important for the sake of history, transparency, the rule of law and the ability of the international community as a whole to exercise oversight over the quality of the work of the International Criminal Tribunals. Why are the archives still sealed? That is a pending question. Convicts serving sentences under the Mechanism’s supervision or those held in its detention facility in The Hague should be transferred to their States of nationality for the remainder of their prison terms. That is the only way to protect their fundamental rights, which continue to be flouted in a number of Western countries, which is met by the total inaction of the Mechanism. We have consistently drawn attention to these glaring violations in the Security Council, but the Mechanism is unwilling or unable to do anything about it. If it is unable to exercise effective oversight over the enforcement of sentences and ensure respect for even the minimum United Nations standards for the treatment of prisoners, why should it retain that function? It should long ago have been handed over to those who can handle it, namely, the States of nationality of the convicted prisoners. Witness protection should also be transferred to States. The Mechanism itself is not engaged in their physical protection — that work has long been done by States. We see no disadvantages to delegating to them the responsibility of providing psychological assistance and rehabilitation. The only pending issue, then, is the transfer of judicial functions — reviewing and commuting of sentences, granting pardons and responding to requests for legal assistance. We are convinced that judges from national courts can also handle this perfectly well. To summarize, my delegation no longer sees any point in the Mechanism’s continued existence, particularly in the light of the financial crisis in the Organization. We do not welcome the actions of its leadership to prolong its life, contrary to resolution 1966 (2010), which unambiguously enshrined the entirely temporary nature of its work.

I would like to extend my congratulations to the President and the other Bureau members on their election to preside over the General Assembly at its seventy-ninth session. Tanzania fully supports its leadership of this Assembly. Equally important, I wish to extend my gratitude to Honourable Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, the Prosecutor and the Registrar and all the Mechanism’s staff for their comprehensive twelfth annual report, contained in document A/79/349. Tanzania strongly advocates the rule of law, and we reaffirm our unwavering support for the United Nations and the Mechanism in fulfilling their mandates. As a State party to the Rome Statute of the International Criminal Court, the Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide, Tanzania commends the Mechanism for playing a vital role in the administration of international criminal justice, building upon the remarkable duty performed by its predecessors, the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY). With the winding down of the Mechanism’s judicial functions, it is imperative to reconsider our commitments to the existing international legal instruments for the administration of international justice. The ongoing security concerns around the world require a global political willingness and commitment to end their escalations. The Mechanism has served us better on this course with the support of Member States and the Security Council. Tanzania argues for Member States to extend the same support to the International Criminal Court and the International Court of Justice, mandated for administering civil and criminal justice at the international level. As indicated in its report, the Mechanism has concluded the tracking of the last three remaining fugitives indicted by the ICTR, establishing that all are deceased. This marks the end of the Mechanism’s judicial activities, except for ongoing reviews and other pending applications. As the Mechanism transitions to its residual operations — including the protection of witnesses, monitoring of cases referred to national jurisdictions, enforcement of sentences, management of archives and assistance to national jurisdictions — Tanzania remains committed to supporting the Mechanism in implementing this critical mandate. With the coming to an end of the Mechanism’s judicial functions and assumption of the residual mandate, it is crucial for the Secretary-General, in consultation with the Security Council and Member States, to consider the future use of the Mechanism’s premises in Arusha, Tanzania. Moving some United Nations agencies to Arusha would be a wise decision, as it would cut down on lease expenses incurred by renting offices, including the Mechanism’s branch in The Hague. In addition, I commend the Mechanism for managing its records and archives and making some of them accessible to the general public. As per article 27 of the statute of the Mechanism, the records and archives of the ICTR, the ICTY and the Mechanism belong to the United Nations. The United Nations has the mandate to decide on the storage of these crucial records. In this regard, and considering the contribution of Tanzania in the prevention and punishment of the crime of genocide, we would appreciate if the United Nations could decide to keep these records at the Mechanism’s premises, in Arusha. It is our shared understanding that the prevention and punishment of crimes of genocide need the concerted efforts of the United Nations and its Member States. To achieve this, outreach programmes and training among government officials, politicians, religious leaders and security agencies, at the national, regional and international levels, cannot be over-emphasized. Tanzania recommends that the United Nations, through the Office on Genocide Prevention and the Responsibility to Protect, consider establishing a centre for awareness and prevention of genocide within the Mechanism’s premises in Arusha. The state-of-the-art courtrooms and library in Arusha may serve this purpose. We must maximize the continued utilization of resources and literature available from the ICTR and the ICTY. The present and former judges and prosecutors of the ICTR, the ICTY and the Mechanism may serve as resource personnel. We should take this information from the shelves to the public, from courtrooms to classrooms, as part of the international community’s initiatives to prevent the occurrence and spread of genocide crimes. We will thus embrace the spirit of “never again”. The history of genocide crimes should remind all of us of the suffering that our loved ones, mostly women and children, went through in the past. Have we done enough to prevent genocide and crimes against humanity? Certainly not. The ongoing security threats around the globe, in my opinion, may turn to genocide acts. In conclusion, as one of the host States of the Mechanism, I wish to reiterate Tanzania’s unwavering support and commitment to its work in compliance with obligations enshrined in the Charter of the United Nations and the host agreement.

Sierra Leone welcomes the annual report of the International Residual Mechanism for Criminal Tribunals (see A/79/249), which outlines the Mechanism’s activities in the reporting period from 1 July 2023 to 30 June 2024. As a country that has directly benefited from the institution of an international criminal tribunal, Sierra Leone appreciates the indispensable role played by international tribunals, such as the Mechanism, in the fight against impunity, in holding perpetrators of serious crimes accountable for their actions and for restoring justice to victims. We note that the reporting period marked a historic milestone for the Mechanism, during which it concluded all core crime trials and completed the tracking of fugitives, allowing for the Mechanism to transition into a truly residual institution, as was originally envisioned by the General Assembly. We would like to commend the President of the Mechanism, Judge Graciela Gatti Santana, as well as Prosecutor Serge Brammertz and Registrar Abubacarr Tambadou, along with the staff and personnel of the Mechanism, on this landmark accomplishment. We thank the President also for her excellent briefing to the General Assembly here today. We note with regret that the Mechanism continues to face challenges on different fronts. We note that despite efforts, the relocation of acquitted and released individuals currently in the Niger remains unrealized, and that the Mechanism continues to face challenges in securing the agreement of countries to serve as enforcement States. During this residual stage, the Mechanism will focus on contempt proceedings, review proceedings, providing assistance to national jurisdictions, monitoring cases referred to national jurisdictions, supervision of the enforcement of sentences, management of the archives and other judicial and prosecutorial functions. These tasks will continue alongside the Mechanism’s ongoing efforts to consolidate and safeguard the legacy of the ad hoc tribunals for Rwanda and the former Yugoslavia and that of the Mechanism itself. Support to national jurisdictions in prosecuting crimes committed in Rwanda and the territories of the former Yugoslavia is critical for ensuring that victims of war crimes, crimes against humanity and genocide achieve justice. We also note the Mechanism’s work to improve access to the medical records of detainees. Sierra Leone welcomes the issuance of the guidelines by the United Nations Detention Unit in The Hague, which responds to the recommendations of the International Committee of the Red Cross in this regard. In conclusion, Sierra Leone would like to assure the Assembly of its commitment to all efforts aimed at strengthening international criminal systems, a commitment that is deeply etched in our own history.

We have heard the last speaker in the debate on this agenda item. May I take it that it is the wish of the General Assembly to take note of the twelfth annual report of the International Residual Mechanism for Criminal Tribunals, contained in document A/79/249?

May I take it that it is the wish of the Assembly to conclude its consideration of agenda item 128?