UN / RESIDUAL MECHANISM CRIMINAL TRIBUNALS

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12-Jun-2023 00:03:06
Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, said that it is a “watershed moment in the life of the Mechanism and for international criminal justice” that “in-court proceedings are all but concluded. The Mechanism only has the Kabuga case on its docket in this respect, with its future currently unclear.” UNIFEED

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STORY: UN / RESIDUAL MECHANISM CRIMINAL TRIBUNALS
TRT: 3:06
SOURCE: UNIFEED
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LANGUAGE: ENGLISH / NATS

DATELINE: 12 JUNE 2023, NEW YORK CITY / RECENT

SHOTLIST:

RECENT – NEW YORK CITY

1. Wide shot, exterior, United Nations Headquarters


12 JUNE 2023, NEW YORK CITY

2. Wide shot, Security Council
3. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“It is for the first time that a Mechanism President stands before this Council and can announce that in-court proceedings are all but concluded. The Mechanism only has the Kabuga case on its docket in this respect, with its future currently unclear. This represents a watershed moment in the life of the Mechanism and for international criminal justice more generally.”
4. Wide shot, Security Council
5. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“Two weeks ago, the Appeals Chamber handed down its last judgement concerning crimes committed during the conflicts in the former Yugoslavia, in the case against Jovica Stanišić and Franko Simatović. With this judgement, the ambitious journey of the International Criminal Tribunal for the former Yugoslavia has come to an end, in so far as the cases against all 161 persons indicted by that tribunal have concluded.”
6. Wide shot, Security Council
7. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“On 6 June the Trial Chamber rendered its decision on the fitness and future of the trial of Félicien Kabuga. After months of carefully examining the issues at stake, the Judges on the Bench have decided by majority that he is not fit to stand trial and is very unlikely to regain fitness, but that nevertheless the Chamber will continue the proceedings through an “alternative findings procedure” to provide Mr. Kabuga with an opportunity to establish his innocence of the charged offences and in view of the strong public interest to make findings in relation to allegations of conduct attributed to Mr. Kabuga. It is expected that this decision will be appealed.”
8. Wide shot, Security Council
9. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“I wish to bring to your attention today, and arguably the biggest threat we face, comprises the relentless attempts to undermine our current work and also the judgements issued by the ICTR, the ICTY and the Mechanism. This includes the flagrant disregard by Serbia of its international legal obligations set forth by the Security Council itself and its persistent failure to arrest and surrender Petar Jojić and Vjerica Radeta for their alleged interference with the administration of justice. It bears repeating that such non-cooperation prevents the Mechanism from fulfilling its mandated functions.”
10. Wide shot, Security Council
11. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“For this Council in the United Nations, you have demonstrated again, the strength of your determination to ensure that genocide is repressed and punished, and the justice for atrocity crimes is a matter of international concern. As well this arrest exemplifies what can be achieved through international and national cooperation law enforcement.”
12. Wide shot, Security Council

STORYLINE:

Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, said that it is a “watershed moment in the life of the Mechanism and for international criminal justice” that “in-court proceedings are all but concluded. The Mechanism only has the Kabuga case on its docket in this respect, with its future currently unclear.”

President Gatti Santana today (12 Jun) presented the Mechanism’s twenty-second progress report to the Security Council in New York.

She recalled the Council’s exceptional decision in May 1993 to establish the International Criminal Tribunal for the former Yugoslavia (ICTY), which “asserted the rule of law and served as a warning to others elsewhere that violations of international humanitarian law would not be tolerated and, more importantly, that they should not go unpunished.”

The President also said that with the recent issuance of the Appeal Judgement in the case against Jovica Stanišić and Franko Simatović, “the ambitious journey of the International Criminal Tribunal for the former Yugoslavia has come to an end, in so far as the cases against all 161 persons indicted by that tribunal have concluded.”

In relation to the ongoing case against Félicien Kabuga, President Gatti Santana referred to the Trial Chamber’s decision of 6 June, in which the Majority found that the Accused is not fit to stand trial and is very unlikely to regain fitness, and decided that it will nonetheless continue the proceedings through an “alternative findings procedure”. She observed that this decision is expected to be appealed.

President Gatti Santana then addressed three areas that require the urgent attention and assistance of the Council, the first relating to the enforcement of sentences, the second concerning the acquitted or released persons relocated to Niger in December 2021.

Finally, the President stressed, “arguably the biggest threat we face, comprises the relentless attempts to undermine our current work and also the judgements issued by the ICTR, the ICTY and the Mechanism.”

She explained, “This includes the flagrant disregard by Serbia of its international legal obligations set forth by the Security Council itself and its persistent failure to arrest and surrender Petar Jojić and Vjerica Radeta for their alleged interference with the administration of justice. It bears repeating that such non-cooperation prevents the Mechanism from fulfilling its mandated functions.”

In closing, President Gatti Santana reflected on the next phase of the Mechanism’s operations, underscoring the significant progress the Mechanism has made with regard to the planning of its future and expressing her determination to continue pursuing innovative, more efficient ways of operating and to take all necessary steps to keep achieving positive results.

On the recent arrest of Fulgence Kayishema, Serge Brammertz, Chief Prosecutor of the Mechanism said, “For this Council in the United Nations, you have demonstrated again, the strength of your determination to ensure that genocide is repressed and punished, and the justice for atrocity crimes is a matter of international concern. As well this arrest exemplifies what can be achieved through international and national cooperation law enforcement.”
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