Your Excellencies,

I am sincerely honoured to again address this distinguished Assembly. Today, it is with great pleasure that I present to you the twelfth annual report of the International Criminal Tribunal for the Former Yugoslavia. But before I do so I wish to thank you, the Member States of the United Nations, for the critical support you have long afforded the Tribunal. Such steadfast support has allowed the historic vision of our Tribunal to become a tangible and compelling force in the quest for peace, justice and reconciliation in the region of the Former Yugoslavia.

Since I last reported to the Assembly one year ago, we have continued to work vigorously toward accomplishing our vital mission. I am pleased to report in this regard that we remain diligent in our vigorous pursuit of our mission and continue to make noteworthy strides despite significant difficulties. This year, the Trial Chambers and the Appeals Chamber have heard and disposed of a record number of cases. During the reporting period, the Tribunal’s Trial Chambers, which continue to work at full capacity, have been involved in 37 cases. The Appeals Chamber decided five appeals from judgement as well as 23 interlocutory appeals. Notably, four cases have also been referred to national jurisdictions, and three of those decisions are now on appeal.

But we are not content to rest on our laurels. We continue to look to new and creative methods that may increase the efficiency of our proceedings and reduce the costs of our operations without sacrificing the quality of our work. Indeed, the year in review provided several important internal reforms to ensure compliance with Security Council resolutions 1503 and 1534, which together outline the Tribunal’s completion strategy. In my last assessments to the Security Council (May-June, 2005), I estimated that by 2009 the Tribunal could complete the trials of all accused in our custody at that time; but I likewise warned that further growth of the trial docket would make achieving that ambitious target entirely dependent on at least some cases being disposed of by guilty pleas. We have implemented a number of changes to ensure that we continue to proceed at maximum capacity. Of particular salience, several procedural rules have been amended, markedly expediting our procedures without sacrificing the defendants’ due process rights.

In the face of an increase in new indictments, arrival of new indictees and fugitives, and only one new guilty plea, we have re-doubled our efforts not only to proceed with speed and deliberation but also to see that justice is done for both victims and accused alike; that due process is honoured; and that accused are afforded fair trials consonant with the highest standards of international justice.

Right now, three novel "multiple defendant trials" are at the pre-trial stage at the Tribunal. By prosecuting several cases adjudged by the Tribunal to be based on the same factual scenarios under the umbrella of a larger, single prosecution, "multiple defendant trials" are designed to increase the efficiency of the Tribunal while maintaining judicial fairness to the accused. Joinder has already been granted by a Trial Chamber in the first of these landmark cases, allowing eight Srebrenica defendants from six different cases to be prosecuted under the purview of one bench (nine if fugitive Tolimir is apprehended). The other two "multiple defendant trials" on the Tribunal’s docket involve six and seven defendants, respectively (eight if fugitive Djordjević is apprehended).

We have also scrutinized our practices and procedures in search of ways to ensure that the Tribunal fulfils its mandate. In that regard, I am pleased to report today that all sections of the Tribunal are coordinating their efforts to increase efficiency and to ensure that the Tribunal’s resources are focused on the prosecution of the most senior officials accused of the most serious crimes.

I have also established two judicial Working Groups: one examining ways to speed up trials and another examining how to speed up appeals. The working group on trials, chaired by Judge Bonomy, has been considering proposals to streamline pre-trial and trial procedures and to procure additional courtroom space. The working group on appeals, currently chaired by Judge Mumba, has been examining rules governing the admissibility of additional evidence at the appellate stage, and is exploring various time-saving procedures for translating decisions and judgements for appellants. The appeals working group presented a number of proposals to the plenary of Judges, following which recommendations have been made to the Rules Committee. The Rule amendments propose reducing briefing times for sentencing appeals, separates additional evidence motions from the filing of the merit appeals to avoid successive additional evidence motions and increases the power of the pre-appeal judge to dispose of routine motions without hearing the opposing party, unless prejudiced by the motion.

This year, we have improved communication between the Association of Defence Counsel and the Tribunal in an effort to boost efficiency in proceedings. In addition, a pilot eCourt system was introduced in February. This system, which integrates all case-related documents into a central electronic database, will increase the accessibility of information while expediting proceedings. In another positive development, this year witnessed the passing of Security Council resolution 1597, which allows for the re-nomination and re-election of former and present ad litem Judges, thus enhancing continuity and expertise. On August 24 2005, elections were held and we now have an elected pool of 27 experienced jurists who are willing to serve the Tribunal as ad litem Judges. We are beginning to draw the first ad litem judges to complete our benches, as necessary.

In addition to carrying out our own reforms, we have strongly supported rule of law reforms in the former Yugoslav Republics that strengthen their ability to bring to justice perpetrators of crimes within the ICTY’s jurisdiction. On this front, I am pleased to report that the State Court of Bosnia and Herzegovina opened its War Crimes Chamber on 9 March 2005. This is truly an historic accomplishment for the people of Bosnia and Herzegovina and the international community as a whole. It was achieved through the coordinated efforts of the Government and people of Bosnia and Herzegovina, the High Representative for Bosnia and Herzegovina, the Tribunal, donor Governments and the international community. Despite serious difficulties, these extraordinary efforts saw the War Crimes Chamber up and running in a remarkably short period of time.

As part of its Completion Strategy, the Tribunal has begun referring cases involving intermediate and lower ranking accused to this Chamber. Thus far, the prosecutor has filed 12 referral motions involving 20 accused. To date, six of these motions have been heard and one motion was withdrawn. The Referral Bench has granted five motions: four for transfer to Bosnia and Herzegovina’s War Crimes Chamber and one for transfer to the Republic of Croatia. One motion has been denied. Four of the decisions transferring cases have been appealed and the Appeals Chamber has affirmed one of the transfers.

The Tribunal continues to lay further legal and logistical groundwork for the transfer of lower and intermediate-level prosecutions to national jurisdictions. We have supported initiatives to build local capacity through the training of judges and prosecutors in Croatia, Serbia and Montenegro, and Bosnia and Herzegovina. Partly as a result, local professionalism and local capacity to handle such complex cases is steadily increasing. The Tribunal has also distributed key materials translated into the main languages of the region, and it continues to develop close relations with legal professionals, the NGO community, local media, and governments.

Crucially, this past year the ICTY has augmented its efforts to persuade the States of the former Yugoslavia to actively search for and arrest indicted individuals who remain at large. During the reporting period, 24 accused were transferred or surrendered to The Hague. This leaves us with only seven fugitives who have yet to be apprehended, although we remain gravely concerned that included amongst these seven are three of the most important indictees: Radovan Karadžić, Ratko Mladić, and Ante Gotovina.

We ask for the full cooperation of all Member States as we seek to bring to justice the perpetrators of the atrocities that scarred the Balkans in the 1990s, devastating hundreds of thousands of lives. The nations represented here today must recognize the risks posed to international justice if these fugitives escape the reach of the Tribunal. It is plain: a dark shadow will be cast over the Tribunal’s historic accomplishments if senior-level accused have not been brought to justice at The Hague. We must work together to guard against this threat to the legacy of the Tribunal and to international justice. This past July was the tenth anniversary of the horrific Srebrenica massacres – where about 7,900 Muslim men and boys were summarily executed in what has been recognized by the Tribunal as a genocide. I was honoured to speak at the moving ceremony at the memorial for the victims on July 11, 2005. The suspected engineers of that genocide, Karadžić and Mladić, have been evading justice now for a decade. It is hard to dispute the European Parliament’s July resolution stating that the capture, transfer, and condemnation of those guilty of war crimes is a minimum act of recognition for the thousands of war crimes victims in Srebrenica and elsewhere. With such a horrifying backdrop, apprehending and trying these three senior accused is the very least that we can do.

Full cooperation from the States in the region is paramount to securing the arrest of the remaining fugitives. The States’ cooperation has improved in some cases in the past year. There has been a dramatic increase in the number of indictees transferred to the Tribunal – 24 since the end of last year - thanks to the efforts of the authorities from both Serbia and Montenegro and Republika Srpska. However, in addition, the Serbian government has not executed other arrest warrants transmitted to them by the Tribunal. Five of the seven accused remaining at large, including Mladić, are believed to be in Serbia and Montenegro or the Republika Srpska.

Overall, the Republika Srpska’s level of cooperation with the Tribunal remains insufficient, as it has provided no information on Karadžić and Mladić, and has failed to transfer war time documentation to The Hague. Croatia’s level of cooperation remains satisfactory in most areas, with the marked exception of that country’s failure to apprehend and render Gotovina to The Hague. Finally, it goes without saying that when and if the fugitives move across borders to avoid arrest, the authorities of the state to which they move will be similarly obliged to pursue, arrest, and transfer those fugitives to The Hague without delay.

By now I hope it is clear that the Tribunal, over the past year, has been working at full throttle. One of the chief factors in the Tribunal’s ability to operate at full capacity and with increased efficiency was the General Assembly’s lifting of the hiring freeze in January 2005. As I reported last year, the 2004 freeze had jeopardized the Tribunal’s ability to complete its mission. With the lifting of the freeze and the passage of GA resolution 59/274, which provided much-needed appropriations, we were able to replace the requisite staff and continue apace. To avoid repetition of such difficulties I call on all States to pay their assessed contributions in a timely manner.

In one sense, the citizens of the former Yugoslavia have been fortunate compared to the citizens of other war-torn regions: they have this Tribunal. The Tribunal has not only made a fundamental and lasting contribution by bringing justice to thousands in the region, it has also established an essential historical record of the atrocities resulting from the war. The Tribunal’s assignment of personal criminal responsibility to those who abused their positions of leadership and power helps to dispel the view that certain rogue nations and ethnic groups must forever bear the stain of their leaders’ misdeeds. The Tribunal’s achievements have also generated increased respect for the rule of law, which has sparked judicial reforms throughout the region. Justice is an essential element of national reconciliation, and thus peace and justice go hand in hand. Due largely to the Tribunal, the states of the former Yugoslavia now have the possibility to construct a lasting peace.

The benefits of the Tribunal are, moreover, felt far beyond the Balkan region. The ICTY’s work has further challenged the notorious tradition of impunity for senior officials who commit the most serious international crimes. During its 11 years in existence, the Tribunal has also shown that transparent international justice is viable. We have built an impressive and unprecedented body of jurisprudence on both substantive international humanitarian and criminal law and especially on criminal procedure – a subject on which there was little precedent from Nuremberg. Our judgements on procedural and substantive law now supply a foundation for all international criminal courts, and our success serves as a model for national prosecutions of those who commit war-time atrocities. Our leading decisions on international humanitarian law will provide essential guidance for the tribunals in the former Yugoslavia, and our staff members are sharing their valuable experience by training the staff of these nascent courts. Our jurisprudence will likewise contribute to the success of other national and international courts designed to enforce international humanitarian law, including the Special Court for Sierra Leone and the International Criminal Court, both of which have used our Tribunal as a model. Lastly, understanding of international humanitarian and criminal law and human rights law has increased dramatically, as the world has followed the proceedings in The Hague.

As with many things of great value, however, there is a cost. The cases on the Tribunal’s docket are by definition large and complex, and hence our proceedings are necessarily lengthy and costly. Often, the crimes charged - connected to entire military campaigns - occurred over the course of months or years, across many locations, and involved several defendants. With many counts in some indictments, tens or hundreds of witnesses, thousands of pages of documents – most of which must be translated from regional languages into English and French, the Tribunal’s working languages – these trials are extremely complex. Your continued financial support is the key to our success. And, I submit, the funds required to complete the Tribunal’s mission are a small price to pay for the significant rewards that flow from the Tribunal’s work. As Prince Zaid Al-Hadidi, the Representative of Jordan to the United Nations, has wisely pointed out, peace is far more cost-effective than war. Indeed, the yearly cost of operating the Tribunal is less than one twentieth the cost of the yearly peacekeeping operations in the former Yugoslavia during the war. With the full support of all Member States, we look forward to completing our landmark mission and providing a model for criminal tribunals yet to come.

As the Tribunal moves 10 years beyond the atrocities at Srebrenica, the continued support of the international community is more important than ever in order to demonstrate to the world that such crimes will not be tolerated and will not go unpunished. The work of the Tribunal will ensure that those most responsible for such serious international crimes will, as we briskly move toward the Tribunal’s completion, continue to receive the very highest standards of international justice. Our leading decisions will continue to provide essential guidance for the fair and effective prosecution of those who commit war-time atrocities.

Finally, distinguished members of the General Assembly, I would like to report that my tenure as President of the ICTY will end in mid-November, though I will continue on as an Appeals Chamber Judge. This thus marks my final appearance before you in the capacity of President of the Tribunal. It has truly been a great honour and privilege to lead this great institution. Please allow me the opportunity to express to you all my sincere gratitude for your continued support of the Tribunal and indeed of international justice and the fight against impunity.

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Courtroom proceedings can be followed on the Tribunal’s website.