UN Security Council Debate on ICTY/ICTR

Stalni predstavnik RH pri Ujedinjenim narodima, veleposlanik Neven Jurica, održao je govor na raspravi Vijeca sigurnosti UN-a na temu Medunarodnih kaznenih sudova za bivšu Jugoslaviju i Ruandu.

At the outset I would like to welcome the Presidents of the ICTR and the ICTY, Judge Byron and Judge Robinson – who has addressed the Council for the first time today – as well as the Prosecutors, Mr. Jallow and Mr. Brammertz. I thank them for their respective reports and would like to make a few remarks, primarily regarding the ICTY, given the importance my country attaches to its work. Croatia welcomes the commitment with which both Tribunals continue to advance their respective exit strategies, as reflected in today's reports. We understand that the Tribunals are expected to fulfill their mandates as early as possible without compromising their standards or the integrity of the judicial process. We also understand that the failure to locate and arrest the remaining fugitives constitutes a major obstacle to that goal. The arrests this year of the fugitives Radovan Karadžic and Stojan Župljanin, while long overdue, mark an important benchmark in completing the ICTY's mandate. We hope to see an early beginning of their trials. We are pleased to hear that the arrest and trial of the remaining fugitives, Ratko Mladic and Goran Hadžic – who have been indicted for the some of the most atrocious crimes committed in post World War II Europe, namely the massacres committed in Srebrenica and Vukovar – remain a priority for the ICTY. We should not forget that the Tribunals continue to operate in societies that still struggle with overcoming the legacies of the past and are still trying to heal within. For instance, in Bosnia and Herzegovina only last week another mass grave was unearthed in the vicinity of Srebrenica, with the remains of close to a thousand victims who were killed under the command of General Ratko Mladic thirteen years ago. An early advocate of the establishment of the ad hoc tribunals, Croatia cannot emphasize enough the vital importance of the judicial process in individualizing criminal responsibility for the crimes committed in both the former Yugoslavia and Rwanda. To quote from my Prime Minister Ivo Sanader, who addressed the General Assembly last fall: “Just punishment must serve truth and open the way to lasting peace, security and reconciliation”. This is why it is crucial that the remaining fugitives also face justice. Their impunity must not outlive the existence of the Tribunals. We know that without the unreserved support from the whole of the international community, the international tribunals remain powerless. For its part, Croatia remains committed as ever to full and unequivocal cooperation with the Tribunal. Over the years the Croatian government has demonstrated the seriousness of its commitment by developing a close working relationship and extending its assistance to the Tribunal on a host of different issues, including by granting access to a staggering number of sensitive documentation emanating from the highest military and police authorities. It is our shared interest to continue this cooperation, in good faith and in a responsible and professional manner. I would like to stress that the Croatian Government has delivered close to two thousand specified and sensible police and military documents in Gotovina case only, upon request by the Office of the Prosecutor. This clearly indicates that extensive and intense cooperation does exist and will continue in the future, as the search for additional documents is still ongoing. Croatia is determined to do all in its power to meet the Prosecutor's remaining request. This is the message that has been unequivocally conveyed to the Prosecutor from the highest State authorities. And to this end the government has undertaken a number of operational measures over the reporting period – administrative as well as investigative and judicial steps – against certain individuals. Croatia continues to conduct the administrative and criminal investigations with the aim to determine whether the requested documents exist, if they were unlawfully taken and if so, to identify the persons responsible and bring them to justice. We note that the Prosecutor has taken into account the additional steps that Croatia has taken since the submission of his written report. As the Tribunals are entering the last phase of their existence, Croatia is pleased to be in a position to take part in the ongoing discussions to share its insight and experience on their residual functions which will have to continue even after the completion of the trials. Allow me to use this occasion to thank the delegation of Belgium, which facilitated this process, for their efforts and dedication. My Government, which has developed a close working relationship with the International Criminal Tribunal for former Yugoslavia (ICTY) and is determined to continue with domestic efforts to prosecute war crimes committed in its territory since 1991, has a special interest in finding a sustainable, just and practical solution for discharging the Tribunals' residual functions, notably those related to the future of the Tribunals' archives and the modalities of the serving of sentences. The Tribunals continue to have our full support in carrying out the remainder of their mandate. In this, we are guided by the goal for which they were established: closing the impunity gap. This will be their most important heritage. This is why the international community cannot afford to declare their mandates complete before every effort has been made to bring those most responsible to justice, however long this takes.

Priopćenja