UN / RESIDUAL MECHANISM CRIMINAL TRIBUNALS
12-Dec-2022
00:02:57
Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, urged the international community to “remain steadfast in its commitment to fight impunity, to embrace the reality that justice does not end with final judgment and to acknowledge that the residual functions require continuous efforts to ensure that the legacy of the ICTY and the ICTR and the mechanism is not derailed.” UNIFEED
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STORY: UN / RESIDUAL MECHANISM CRIMINAL TRIBUNALS
TRT: 2:57
SOURCE: UNIFEED
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS
DATELINE: 12 DECEMBER 2022, NEW YORK CITY / RECENT
TRT: 2:57
SOURCE: UNIFEED
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS
DATELINE: 12 DECEMBER 2022, NEW YORK CITY / RECENT
SHOTLIST
RECENT – NEW YORK CITY
1.Wide shot, exterior, United Nations
12 DECEMBER 2022, NEW YORK CITY
2. Wide shot, Security Council
3. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“I urge the international community to remain steadfast in its commitment to fight impunity, to embrace the reality that justice does not end with final judgment and to acknowledge that our residual functions require continuous efforts to ensure that the legacy of the ICTY and the ICTR and the mechanism is not derailed.”
4. Wide shot, Security Council
5. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“Through the establishment of the Residual Mechanism over a decade ago, the Security Council sent a strong message against impunity: That high-level fugitives indicted by the ICTY and the ICTR cannot escape justice and the legacy of these two courts must be protected. Justice, together with peace are the most pressing needs of today's world.”
6. Wide shot, Security Council
7. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“In the Jojić and Radeta case, the Republic of Serbia has an unequivocal obligation to cooperate with the Mechanism. Recently, the national authorities have informed me that they have no intention of complying with the Single Judge’s order from 13 May 2019, which the Appeals Chamber affirmed on 24 February 2020. Let me say that while I am disappointed, I am not discouraged. I will continue to raise this matter in the expectation that the Republic of Serbia will ultimately fulfil its international duties under the Charter of the United Nations, as it has done in the past on a number of occasions relating to contempt of court.”
8. Wide shot, Security Council
9. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“At the encouragement of the Trial Chamber, our team has made extensive use of available Rules to present evidence in writing, which reduces the amount of in-courtroom time we require.
Subject to further developments, we hope to be able to complete the presentation of our evidence in the 2nd quarter of next year.”
10. Wide shot, Security Council
11. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“In relation to the Stanišić and Simatović appeal proceeding, the Prosecution team is preparing for oral arguments, which are currently scheduled for the end of January.”
12. Wide shot, Security Council
13. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“The two teams have been regularly meeting and undertaking coordinated investigations over the last six months. Important results have already been achieved, and our investigation in South Africa is progressing quickly.”
14. Wide shot, Security Council
15. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“States should be concerned that suspected génocidaires may be living in their territory. And the refugee process needs to be protected by ensuring that those who abuse it are detected and appropriately dealt with.”
16. Wide shot, Security Council
1.Wide shot, exterior, United Nations
12 DECEMBER 2022, NEW YORK CITY
2. Wide shot, Security Council
3. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“I urge the international community to remain steadfast in its commitment to fight impunity, to embrace the reality that justice does not end with final judgment and to acknowledge that our residual functions require continuous efforts to ensure that the legacy of the ICTY and the ICTR and the mechanism is not derailed.”
4. Wide shot, Security Council
5. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“Through the establishment of the Residual Mechanism over a decade ago, the Security Council sent a strong message against impunity: That high-level fugitives indicted by the ICTY and the ICTR cannot escape justice and the legacy of these two courts must be protected. Justice, together with peace are the most pressing needs of today's world.”
6. Wide shot, Security Council
7. SOUNDBITE (English) Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals:
“In the Jojić and Radeta case, the Republic of Serbia has an unequivocal obligation to cooperate with the Mechanism. Recently, the national authorities have informed me that they have no intention of complying with the Single Judge’s order from 13 May 2019, which the Appeals Chamber affirmed on 24 February 2020. Let me say that while I am disappointed, I am not discouraged. I will continue to raise this matter in the expectation that the Republic of Serbia will ultimately fulfil its international duties under the Charter of the United Nations, as it has done in the past on a number of occasions relating to contempt of court.”
8. Wide shot, Security Council
9. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“At the encouragement of the Trial Chamber, our team has made extensive use of available Rules to present evidence in writing, which reduces the amount of in-courtroom time we require.
Subject to further developments, we hope to be able to complete the presentation of our evidence in the 2nd quarter of next year.”
10. Wide shot, Security Council
11. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“In relation to the Stanišić and Simatović appeal proceeding, the Prosecution team is preparing for oral arguments, which are currently scheduled for the end of January.”
12. Wide shot, Security Council
13. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“The two teams have been regularly meeting and undertaking coordinated investigations over the last six months. Important results have already been achieved, and our investigation in South Africa is progressing quickly.”
14. Wide shot, Security Council
15. SOUNDBITE (English) Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals:
“States should be concerned that suspected génocidaires may be living in their territory. And the refugee process needs to be protected by ensuring that those who abuse it are detected and appropriately dealt with.”
16. Wide shot, Security Council
STORYLINE
Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, urged the international community to “remain steadfast in its commitment to fight impunity, to embrace the reality that justice does not end with final judgment and to acknowledge that the residual functions require continuous efforts to ensure that the legacy of the ICTY and the ICTR and the mechanism is not derailed.”
Judge Santana today (12 Dec) presented the twenty first progress report of the International Residual Mechanism for Criminal Tribunals to the Security Council in New York.
She reported that the Mechanism -one entity with two branches- remains strong, delivering tangible results in the fulfilment of its mandate and becoming a truly residual body. Institutions are only as effective as the individuals who constitute them.
Judge Santana said, “through the establishment of the Residual Mechanism over a decade ago, the Security Council sent a strong message against impunity: That high-level fugitives indicted by the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda cannot escape justice and that the legacy of these two courts must be protected. Justice, together with peace, are the most pressing needs of today’s world.”
The President of the IRMCT also noted that earlier this year, the Security Council reviewed the progress of the work of the Mechanism, resulting in the adoption of resolution 2637 (2022) in June. Review processes and evaluations present unique opportunities for improvement and self-calibration.
Having this resolution in place from the very start of her mandate, Judge Santana said that it has helped her define the priorities of her presidency and other important areas of focus.
In that connection, she said that the resolution contains a strong call to all States to fully cooperate with the Mechanism. This is a compelling call for action which applies to all crimes contained in Article 1 of the Mechanism’s Statute. And contempt is among these crimes, not a mere violation of procedural discipline as has been previously suggested by one delegation.
She also noted that respect for the proper administration of justice constitutes an integral part of the system and is sine qua non for the existence of the rule of law. Interference cannot be tolerated. It threatens the bedrock of the international system of justice and the legacy of the court.
In the Jojić and Radeta case, she said, “the Republic of Serbia has an unequivocal obligation to cooperate with the Mechanism. Recently, the national authorities have informed me that they have no intention of complying with the Single Judge’s order from 13 May 2019, which the Appeals Chamber affirmed on 24 February 2020.”
The Judge expressed her disappointment, however, she said that she is “not discouraged.”
She said, “I will continue to raise this matter in the expectation that the Republic of Serbia will ultimately fulfil its international duties under the Charter of the United Nations, as it has done in the past on a number of occasions relating to contempt of court.”
Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals also briefed the Council.
He said that the Residual Mechanism is satisfied with the swift progress in the presentation of their evidence in the Kabuga case. Since the first witness was called on 5 October, the evidence of 12 out of 54 witnesses have already been heard. Hearings are being held in person and remotely, which has proceeded smoothly so far.
Brammertz said, “at the encouragement of the Trial Chamber, our team has made extensive use of available Rules to present evidence in writing, which reduces the amount of in-courtroom time we require.”
Subject to further developments, the Residual Mechanism hope to be able to complete the presentation of our evidence in the 2nd quarter of next year, he added.
In relation to the Stanišić and Simatović appeal proceeding, the Chief Prosecutor said that the Prosecution team is preparing for oral arguments, which are currently scheduled for the end of January.
On remaining fugitives, Brammertz said the top priority is Fulgence Kayishema. Kayishema is indicted for the murders of more than 2,000 women, men, children and elderly refugees at Nyange Church in April 1994.
As he has previously reported to the Council, since 2018, this investigation has been significantly impeded by challenges in obtaining cooperation from South Africa.
However, Brammertz is pleased that cooperation with South Africa is now moving in a positive direction. Thanks to the support of the President of South Africa, a dedicated national investigative team was established to work directly with his Tracking Team at an operational level.
He said, “the two teams have been regularly meeting and undertaking coordinated investigations over the last six months. Important results have already been achieved, and our investigation in South Africa is progressing quickly.”
On the more than 1,000 fugitives wanted by Rwandan prosecutors for crimes committed during the Genocide, Brammertz said that to escape justice, they lied about their pasts and abused the refugee process to find sanctuary in countries around the world. In their new homes, many continue to promote genocide ideology, encouraging hatred between Hutus and Tutsis.
The Chief Prosecutor reiterated, “States should be concerned that suspected génocidaires may be living in their territory. And the refugee process needs to be protected by ensuring that those who abuse it are detected and appropriately dealt with.”
Judge Santana today (12 Dec) presented the twenty first progress report of the International Residual Mechanism for Criminal Tribunals to the Security Council in New York.
She reported that the Mechanism -one entity with two branches- remains strong, delivering tangible results in the fulfilment of its mandate and becoming a truly residual body. Institutions are only as effective as the individuals who constitute them.
Judge Santana said, “through the establishment of the Residual Mechanism over a decade ago, the Security Council sent a strong message against impunity: That high-level fugitives indicted by the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda cannot escape justice and that the legacy of these two courts must be protected. Justice, together with peace, are the most pressing needs of today’s world.”
The President of the IRMCT also noted that earlier this year, the Security Council reviewed the progress of the work of the Mechanism, resulting in the adoption of resolution 2637 (2022) in June. Review processes and evaluations present unique opportunities for improvement and self-calibration.
Having this resolution in place from the very start of her mandate, Judge Santana said that it has helped her define the priorities of her presidency and other important areas of focus.
In that connection, she said that the resolution contains a strong call to all States to fully cooperate with the Mechanism. This is a compelling call for action which applies to all crimes contained in Article 1 of the Mechanism’s Statute. And contempt is among these crimes, not a mere violation of procedural discipline as has been previously suggested by one delegation.
She also noted that respect for the proper administration of justice constitutes an integral part of the system and is sine qua non for the existence of the rule of law. Interference cannot be tolerated. It threatens the bedrock of the international system of justice and the legacy of the court.
In the Jojić and Radeta case, she said, “the Republic of Serbia has an unequivocal obligation to cooperate with the Mechanism. Recently, the national authorities have informed me that they have no intention of complying with the Single Judge’s order from 13 May 2019, which the Appeals Chamber affirmed on 24 February 2020.”
The Judge expressed her disappointment, however, she said that she is “not discouraged.”
She said, “I will continue to raise this matter in the expectation that the Republic of Serbia will ultimately fulfil its international duties under the Charter of the United Nations, as it has done in the past on a number of occasions relating to contempt of court.”
Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals also briefed the Council.
He said that the Residual Mechanism is satisfied with the swift progress in the presentation of their evidence in the Kabuga case. Since the first witness was called on 5 October, the evidence of 12 out of 54 witnesses have already been heard. Hearings are being held in person and remotely, which has proceeded smoothly so far.
Brammertz said, “at the encouragement of the Trial Chamber, our team has made extensive use of available Rules to present evidence in writing, which reduces the amount of in-courtroom time we require.”
Subject to further developments, the Residual Mechanism hope to be able to complete the presentation of our evidence in the 2nd quarter of next year, he added.
In relation to the Stanišić and Simatović appeal proceeding, the Chief Prosecutor said that the Prosecution team is preparing for oral arguments, which are currently scheduled for the end of January.
On remaining fugitives, Brammertz said the top priority is Fulgence Kayishema. Kayishema is indicted for the murders of more than 2,000 women, men, children and elderly refugees at Nyange Church in April 1994.
As he has previously reported to the Council, since 2018, this investigation has been significantly impeded by challenges in obtaining cooperation from South Africa.
However, Brammertz is pleased that cooperation with South Africa is now moving in a positive direction. Thanks to the support of the President of South Africa, a dedicated national investigative team was established to work directly with his Tracking Team at an operational level.
He said, “the two teams have been regularly meeting and undertaking coordinated investigations over the last six months. Important results have already been achieved, and our investigation in South Africa is progressing quickly.”
On the more than 1,000 fugitives wanted by Rwandan prosecutors for crimes committed during the Genocide, Brammertz said that to escape justice, they lied about their pasts and abused the refugee process to find sanctuary in countries around the world. In their new homes, many continue to promote genocide ideology, encouraging hatred between Hutus and Tutsis.
The Chief Prosecutor reiterated, “States should be concerned that suspected génocidaires may be living in their territory. And the refugee process needs to be protected by ensuring that those who abuse it are detected and appropriately dealt with.”
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