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8 NOVEMBER 1999
The General Assembly this morning took note of the report of the International Tribunal for the Former Yugoslavia. Judge Gabrielle Kirk McDonald, President of the Tribunal, addressed the Assembly, and, as today’s guest at the noon briefing, she highlighted the challenges, both internal and external, facing the Tribunal.
The Assembly then took note of the report of the International Criminal Tribunal for Rwanda. In her statement, the President of the Tribunal, Judge Navanethem Pillay, said the judgements of the ICTR had had a significant impact on the development of international humanitarian law. The Jean Paul Akayesu decision, for example, included the first interpretation and application by an international court of the 1948 Convention for the Prevention and Punishment of the Crime of Genocide. The Tribunal’s decisions on rape and sexual violence and crimes against humanity also constituted important judicial precedents for the international protection of human rights. Among difficulties, she cited the backlog of cases awaiting trial and the inundation of pre-trial motions, but reiterated the determination of the Tribunal judges to complete the trials of accused persons in their custody within the mandate period, by May 2003.
The annual report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia (A/54/187), its sixth, states that the Tribunal has become a fully functioning international criminal court, providing fair trials to the accused, while maintaining a high degree of protection for victims and witnesses. Nevertheless, recent events in Kosovo, which dominated the work of the Prosecutor, and continuing non-compliance by several States in the region, in particular the Federal Republic of Yugoslav to allow investigators from the Tribunal access to potential crime scenes, still posed barriers to the operations of the Tribunal. The Tribunal’s development and success could be measured on three levels: first, its development as an institution had exceeded expectations; secondly, the Tribunal had laid the foundation for the establishment of a practical and permanent system of international criminal justice; and thirdly, the Tribunal was beginning to have an impact on the former Yugoslavia.
The International Criminal Tribunal for the Prosecution of Persons Responsible Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 points out, in its fourth annual report (A/54/315), that the first four judgements of the Tribunal were delivered, which included the first conviction for genocide ever delivered by an international court in the case against Jean Paul Akayesu. Also, former Prime Minister Jean Kambanda had pleaded guilty to genocide and crimes against humanity and had been sentenced to life imprisonment. It states that these judgements, and the ongoing work of the Tribunal, represent a collective effort on behalf of the international community to bring justice and truth to the people of Rwanda. It is hoped that these historic trials will contribute to peace and reconciliation and a new era of accountability for war crimes, crimes against humanity and genocide.
This afternoon, the Assembly will begin a two-stage process for selecting four members of the 11-member Joint Inspection Unit, who will serve for a five-year term commencing on 1 January 2001. The Assembly will nominate countries that will propose candidates. After a review of their qualifications, the Assembly President will submit the list of candidates to the Assembly for appointment. For one seat for the African States, the candidate is Burkina Faso. For one seat for the Eastern European States, there are four candidates: Belarus, Croatia, Romania and the former Yugoslav Republic of Macedonia. And for two seats for Western European and other States, the three candidates are Austria, Germany and the United States (A/54/108).
Tomorrow, the Assembly will consider the item on the "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba" (A/54/259). There is a related resolution, A/54/L.11. Since 1992, the Assembly has adopted resolutions on this question. The vote last year, on resolution 53/4, was 157 in favour to 2 against (Israel, United States), with 12 abstentions.
The First Committee (Disarmament and International Security), at two meetings today, is continuing to take action on the remaining draft resolutions and decisions before it. Texts under the nuclear weapons cluster include one on the Comprehensive Nuclear-Test-Ban Treaty (A/C.1/54/L.23). Among the 10 drafts slated for action today are texts on conventional weapons, such as small arms (A/C.1/54/L.42/Rev.1), as well as a text on transparency in armaments (A/C.1/54/L.21).
This morning, the Second Committee (Economic and Financial) discussed the International Decade for Natural Disaster Reduction (1990-1999). One report of the Secretary-General (A/54/132-E/1999/80) details the achievements of the Decade. Another report (A/54/136) contains recommendations on institutional arrangements for disaster reduction activities of the United Nations system after the conclusion of the Decade. Draft resolutions on women in development (A/C.2/54/L/21) and on financing for development (A/C.2/54/L.25) were introduced.
At two meetings today, the Third Committee (Social, Humanitarian and Cultural) is continuing its consideration of human rights questions and situations. It is holding a dialogue with the Special Rapporteur on Religious Intolerance, Mr. Abdelfattah Amor. Among the documents on the agenda items is the report of the United Nations High Commissioner for Human Rights, as well as reports of the human rights experts on the situations in Afghanistan, Bosnia and Herzegovina, Croatia and Yugoslavia, Burundi, Cambodia, the Democratic Republic of the Congo, Haiti, Iran, Iraq, Myanmar, Rwanda and the Sudan, and also reports on the question of torture and of internally displaced persons. A draft resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/C.3/54/L/26) will be introduced.
The Fifth Committee (Administrative and Budgetary), at two meetings today, is continuing its section-by-section discussion of the proposed programme budget for 2000-2001, taking up section 12 through 21.