TRIBUNAL FOR FORMER YUGOSLAVIA BRINGS ACCOUNTABILITY TO INDIVIDUALS FOR FIRST TIME SINCE NUREMBERG, TOKYO, GENERAL ASSEMBLY TOLD

19 November 1996

Press Release
GA/9166

TRIBUNAL FOR FORMER YUGOSLAVIA BRINGS ACCOUNTABILITY TO INDIVIDUALS FOR FIRST TIME SINCE NUREMBERG, TOKYO, GENERAL ASSEMBLY TOLD

19961119 Tribunal President Says Work Proceeding; However, Lack of Cooperation by Some States Poses 'Nearly Insurmountable' Problems

For the first time since Nuremberg and Tokyo, international accountability had been brought to bear on individuals charged with violating international law, the President of the International Criminal Tribunal for the Former Yugoslavia, Antonio Cassese, said this morning, as the General Assembly began its review of the Tribunal's activities during the past year.

The signing of the Dayton Agreement and the cessation of hostilities in the former Yugoslavia had facilitated the Tribunal's work, Mr. Cassese told the Assembly. Seven indictees were now in detention at The Hague, the first trial was about to finish, and sentencing on another case began today. However, the lack of real cooperation by some States and entities, particularly the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republika Srpska, posed major problems. For the Tribunal, which lacked enforcement capacities of its own, those problems were nearly insurmountable.

The representative of Bosnia and Herzegovina said that when Bosnians were the victims of ethnic cleansing, torture, rape and genocidal murder, the most powerful countries of the United Nations had rejected intervention, instead offering humanitarian relief and the promise of justice. However, the criminals remained free, exercising power, while the victims were again been offered excuses. How could it be justified that not a single indicted war criminal had been arrested by the 60,000 armed troops of the NATO implementation force?

He said the answer lay in the words of political and military commanders, who had openly stated that apprehending an internationally indicted war criminal was not worth risking the life of one soldier from Nebraska, Lyon or Manchester. What deal had been made with the devil, the indicted war criminals, so the NATO soldiers would avoid confronting the criminals?

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The representative of The former Yugoslav Republic of Macedonia said that all were aware of the difficulties facing the Tribunal, including the lack of cooperation from State authorities and its financial problems. That was the case even though the NATO implementation force cost more in one day than the Tribunal spent in a year. In its effort to maintain peace in the Balkans, the Tribunal's main task was to demonstrate, through the United Nations, that there was such a thing as "common humanity".

Statements during that discussion were also made by the representatives of Italy, Austria, Ireland, Malaysia, the Netherlands, Iran, Belgium, Turkey, the United States, Germany and Slovenia.

At the outset of this morning's meeting, the Assembly paid tribute to the memories of Ahmed Zaki, the late Permanent Representative of the Maldives, and of Paul J.F. Lusaka of Zambia, who had served as President of the Assembly at its thirty-ninth session.

Secretary-General Boutros Boutros-Ghali praised Mr. Zaki for his commitment to his country, which he had served as Prime Minister and Attorney- General. The untimely death of Mr. Zaki, who had represented his country at the United Nations for the majority of the past 15 years, was a great loss to his country and to the international community. The Secretary-General praised Mr. Lusaka as a man of great vision and honour, who was dedicated to the cause of peace and development. During a diplomatic career spanning more that 25 years, Mr. Lusaka had served Zambia with distinction, he said.

Statements in tribute were also made by Razali Ismail (Malaysia), President of the Assembly, and by the representatives of Cameroon (for the African States), Lebanon (for the Asian States), The former Yugoslav Republic of Macedonia (for the Eastern European States), Jamaica (for the Latin American and Caribbean States), Belgium (for the Western European and other States), the United States (as host country), the Maldives, and Zambia.

The Assembly will meet again at 3 p.m. today to complete its discussion of the International Tribunal and begin consideration of the situation in Central America and of cooperation between the United Nations and the League of Arab States.

Committee Work Programme

The General Assembly met this morning to discuss the third annual report of the International Criminal Tribunal for the Former Yugoslavia. The Assembly was also scheduled to review the situation in Central America and cooperation between the United Nations and the League of Arab States.

International Tribunal on Former Yugoslavia

The report of the International Tribunal (document A/51/292-S/1996/665) states that during its third year, the Tribunal moved from the "drawing board" to the operational stage, testing both the normative and logistical infrastructure constructed during its first two years. With the Tribunal's first trial under way, two other cases in the pre-trial phase, and a fourth case at the sentencing stage, the accused having entered a guilty plea, the Tribunal has become a functioning judicial organ. Provisions on detention and provisional release have been applied for the first time, as have rules of sentencing.

Also during the period under review (July 1995 to July 1996), a new Prosecutor for both the International Tribunals for the Former Yugoslavia and for Rwanda was appointed in February, the report goes on. Justice Louise Arbour, of Canada, became the new Prosecutor in October, upon the departure of Justice Richard J. Goldstone, of South Africa.

The work of the Tribunal was greatly facilitated by the improved security situation which followed the signing of the Dayton Agreement last December, the report continues. Tribunal staff have been given the freedom of movement necessary to carry out investigations in areas which, until the signing of the Dayton peace agreement, had been inaccessible. Most importantly, the staff gained access to mass grave sites, thus access to important evidence. The Tribunal's Office of the Prosecutor has coordinated its efforts with the North Atlantic Treaty Organization (NATO) Implementation Force (IFOR) in areas such as the transferring of indictees and other individuals, and the securing of mass grave sites and their exhumations. Of particular importance was IFOR's agreement to assist in ensuring the security ofinvestigation teams as they travelled and worked in the area of the Republika Srpska.

In spite of the remarkable headway made so far, the report notes that the Tribunal remains heavily dependent on State cooperation to discharge its mandate. In that respect, the Dayton accords have enhanced the Tribunal's role and spelled out the obligations of the States and entities of the former Yugoslavia to cooperate with it. Nevertheless, some of the States or entities still failed to do so.

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The Federal Republic of Yugoslavia and the Republika Srpska, in particular, have failed to cooperate by arresting and surrendering to the Tribunal persons indicted of war crimes, crimes against humanity and genocide, the report states. Similarly, the Federation of Bosnia and Herzegovina, an entity of the Republic of Bosnia and Herzegovina, has not arrested any indictees and has failed to implement the legislation enacted by the Republic. Bosnia and Herzegovina has been by far the most cooperative party, replying to nearly all warrants, according to the report. The cooperation of Croatia is described as mixed. While Croatia recently adopted a law on cooperation with the Tribunal, a certain amount of discretionary power was reserved for the State's executive organs. Although Croatia has cooperated by arresting one indictee in its territory, it has failed to exercise its influence and encourage the Bosnian Croats to apprehend others.

The uneven cooperation of States and entities has tempered the forward strides of the Tribunal as well as progress towards a new era of international implementation of humanitarian law, says the report, stressing that, for that reason, it is imperative that the international community impress upon States and entities of the former Yugoslavia the need to support and fully cooperate with the Tribunal. If not, the Security Council's aim in establishing the Tribunal -- to contribute to the restoration of peace and security through the prosecution of persons responsible for serious violations of international humanitarian law by bringing an end to impunity -- will be defeated.

The Tribunal also relies heavily on the full support of other States, the report continues. The adoption by States of legislation to facilitate national implementation of the Tribunal's orders is also crucial. Austria, Belgium, Croatia, Hungary, Switzerland, United Kingdom and the United States enacted such legislation during the Tribunal's third year. Before that, implementing legislation had been enacted by Australia, Bosnia and Herzegovina, Denmark, Finland, France, Germany, Iceland, Italy, Netherlands, New Zealand, Norway, Spain and Sweden. The Republic of Korea, Russian Federation, Singapore and Venezuela have indicated that they do not require implementing legislation to carry out their responsibilities. The following States have indicated their intention to adopt implementing legislation in the near future: Canada, Luxembourg, Poland, Romania, Slovak Republic, Slovenia, Sri Lanka and Turkey.

The report goes on to detail the Tribunal's work during its third year, explaining the functioning of its three organs: its judiciary, comprised of 11 Judges assigned to two Trial Chambers and one Appeals Chamber; the Office of the Prosecutor; and the Registry. Ten public indictments against a total of 35 individuals were confirmed during that period by the Tribunal Judges and international arrest warrants issued against the accused.

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Among them are indictments against the former President of the Bosnian Serbs Radovan Karadzic and the former Commander of the Bosnian Serb Army Ratko Mladic for genocide following the Bosnian Serb take-over of Srebrenica in July 1995. During earlier proceedings, Karadzic and Mladic were indicted by the Tribunal for genocide and crimes against humanity for the atrocities perpetrated against the civilian population of Bosnia and Herzegovina; for the sniping campaign against Sarajevo; and the taking of United Nations peace- keepers as hostages. In total, 18 public indictments have been submitted and confirmed by the Tribunal, with 75 indictees.

The Tribunal's Trial and Appeals Chambers dealt with other cases which did not reach the trial stage, but which posed challenges and put many different aspects of the Tribunal's Rules of Procedure to the test, the report continues. In five cases where the Tribunal was unable to obtain custody of an accused, proceedings under rule 61 of the Rules of Procedure and Evidence, the full Trial Chamber met and confirmed the indictments by determining that evidence established reasonable grounds to believe the crimes had been committed. As a result, the charges and evidence against the accused in those five cases have been made public, and international arrest warrants have been issued. The indictments against Karadzic and Mladic were among those confirmed during rule 61 proceedings. However, the Tribunal has confirmed that the international arrest warrants which were issued have not been executed due to refusal of the Federal Republic of Yugoslavia and Republika Srpska to cooperate.

The report also contains information on the Srebrenica incident, for which they were indicted, and reviews events relating to other indictments including the 1995 incidents in Vukovar, Croatia, and the Lasva river valley in Bosnia; the take-over in 1996 of the Bosnia town of Foca during which Bosnian Serb soldiers, policemen and paramilitary gang-raped, tortured and enslaved Muslim women; and the first indictment involving exclusively Bosnia Serb victims for crimes arising out of the operation of a detention facility known as the Celebici camp.

Reviewing financial aspects of the Tribunal's operations, the report notes that the Secretary-General suggested to the Assembly that the Tribunal's financial requirements for 1996 would amount to $40.8 million. In three separate actions, the Assembly has appropriated a total amount of $35.4 million to the Tribunal for 1996. The report states that for the biennium 1994-1995 the Assembly appropriated $39.1 million (net) to support the Tribunal's functioning and it increased the authorized level of staff from 108 to 258 posts. Its expenditures during that time amounted to $35.8 million. Voluntary contributions have been received by the Tribunal, including cooperation of the host States, seconded personnel, and monetary contributions and contributions in kind.

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Situation in Central America

The Assembly also has before it a report of the Secretary-General (document A/51/338, of 9 September) covering developments relating to progress achieved by Central American countries in the areas of peace, freedom, democracy and development. A related draft resolution (document A/51/L.18) is also before the Assembly for action.

According to the report, the Assembly has followed the efforts of Central American countries to achieve a lasting peace since 1983. A more direct involvement in the peace process was precipitated by the Esquipulas II agreement, signed by the Presidents of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua on 7 August 1987. In February 1989, at a summit meeting in El Salvador, the Central American Presidents called upon the United Nations to become involved in the verification of those agreements. Since that time, the Organization has encouraged the Central American countries to consolidate their progress towards peace, freedom, democracy and development.

The report recalls two peace-keeping missions carried out in the region under the authority of the Security Council: the United Nations Observer Group in Central America (ONUCA) (November 1989-January 1992) and the United Nations Observer Mission in El Salvador (ONUSAL) (July 1991-April 1995), one of the most comprehensive efforts ever undertaken by the United Nations.

The report also recalls that the Assembly authorized the United Nations Observer Mission to Verify the Electoral Process in Nicaragua (ONUVEN) (August 1989-April 1990) and, on 19 September 1994, established the United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA). Further to the completion of the mandate of ONUSAL, a smaller Mission of the United Nations in El Salvador (MINUSAL) was established on 1 May 1995; MINUSAL was in turn replaced on 1 May 1996 by an even smaller United Nations Office of Verification (ONUV) with a mandate that extends until 31 December 1996.

The report concentrates on the five signatories to the Esquipulas agreement, though in accordance with the new Central American agenda and the composition of Central American summit meetings, reference is also made to the situations in Panama and Belize.

The mid-1990s, the report states, see the Central American region at a turning point. The civil wars of the 1980s lie in the past. Countries throughout the region are making efforts to convert the improved prospects for reconciliation, democratization and development into realities. Democratically elected governments have shown themselves to be stable even in the face of internal difficulties.

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For example, in Nicaragua a compromise was found on the divisive property issue, and on key official appointments (including the President of the Supreme Electoral Council). In El Salvador, the Government pushed forward the package of constitutional reforms included in the peace accords in the face of considerable opposition within the ruling party. In Guatemala, the peace process saw a positive development when the Unidad Revolucionaria Nacional Guatemalteca (URNG) decided unilaterally to adopt an indefinite cessation of hostilities in March 1996, to which the newly elected Government of President Alvaro Arzú responded by putting an end to counter-insurgency activities.

In Honduras, President Carlos Roberto Reina's "moral revolution", introduced to fight corruption and promote increased democratic participation, has moved forward, particularly after the launching, late in 1995, of Convergencia Nacional, a movement of national consensus, to oversee electoral reform in preparation for the 1997 election. In Panama, the political forces and representatives of civil society, continuing the process of broadening national consensus, gathered at the "Encuentro Panama 2000" and pledged to keep issues relating to the Panama Canal outside partisan considerations, to reinforce the rule of law and to hold transparent elections in 1999.

Democratic institutions have been strengthened as security concerns engendered by armed conflicts recede into the past and are replaced by efforts to bring military and public security bodies under the control of civilian authorities, the report states. It points out, however, that throughout the region, institutions responsible for public security have continued to be confronted by alarming levels of common criminality. Those have their origin in the economic and social conditions experienced by a large proportion of the population, combined with difficulties in the process of reintegration of former combatants and those displaced by conflict.

The vigour and assertiveness of civil society continue to be manifest in the diversification of political processes throughout Central America, the report continues. Issue-oriented organizations and professional associations have provided new channels for political participation. At the International Conference on Peace and Development in Central America, held in Tegucigalpa on 24 and 25 October 1994, the Central American Presidents said they would encourage dialogue among governments, civil society, regional institutions and the international community.

Macroeconomic stabilization within the region has been largely maintained through the generalized implementation of structural adjustment programmes and liberalized economic policies, says the report. That has resulted in reasonable moderate growth prospects for 1996, after a slowdown in 1995. The Central American Presidents, in their "Declaration of San Salvador II", recognized that widespread unemployment, social deterioration and poverty were problems that required their most urgent attention. However,

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the pursuit of those policies continues to be accompanied by a decline in social conditions across much of the region. The report also details the consolidation of a new regional strategy for sustainable development and integration; extraregional cooperation; the United Nations efforts in El Salvador; the peace process in Guatemala; and United Nations operational activities in the region.

The Central American process has come a long way since the five signatories to the Esquipulas II agreement first established the "Procedure for a Firm and Lasting Peace in Central America", says the report. It has become clear that for peace to be firm and lasting, it must maintain an interrelationship with freedom, democracy and development. As the region looks ahead to a period in which, for the first time for decades, not one of its countries is plagued by internal conflict, it is presented with the challenge of fulfilling the promise of peace. As stated in the sixteenth summit meeting of Central American Presidents, with the support of the international community, the region can become a model of conflict resolution. That process can be consolidated by peace and democracy through comprehensive development and the adoption of political solutions, the report concludes.

The draft resolution before the Assembly would have it commend the efforts of the peoples and Governments of the Central American countries, support the decision of the Presidents of the region to declare Central America a region of peace, freedom, democracy and development, and emphasize the work accomplished by the Central American Integration System in favour of subregional integration to promote economic growth.

The Assembly would also support the adoption of the Framework Treaty on Democratic Security in the region, by other provisions of the draft. It would call upon the parties to comply fully with their commitments under the Comprehensive Agreement on Human Rights in Guatemala, reiterate its recognition of the effective participation of the Secretary-General to ensure the successful implementation of the El Salvador Peace Agreement and support the treatment accorded Nicaragua in the light of the country's recovery, social reconstruction and continuing exceptional circumstances. It would also request a further report of the Secretary-General on the implementation of the resolution and include the item in the agenda of the fifty-second session.

The draft is sponsored by Argentina, Belize, Brazil, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Russian Federation and Uruguay.

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Cooperation with League of Arab States

For its consideration of cooperation between the United Nations and the League of Arab States, the Assembly has before it a report of the Secretary- General (document A/51/380 and Add.1), and a 19-Power draft resolution (document A/51/L.8).

The report recalls that the Secretary-General on 3 January 1996, visited the headquarters of the League of Arab States in Cairo. The trip was to underline the importance of cooperation between both organizations and to discuss means of strengthening it. On February 15 and 16, the Secretary- General convened a second high-level meeting with regional organizations with which the United Nations has been cooperating in preventive diplomacy, peacemaking and peace-keeping. The Assistant Secretary-General, Head of the International Political Affairs Department, attended on behalf of the League.

During the period under review, the secretariats of both organizations, as well as the Office of the Permanent Observer for the League to the United Nations, continued to maintain close contact on other matters of mutual concern, the report states. It summarizes the reports of the organizations and agencies of the United Nations system on their cooperation efforts with the League.

Concerning the United Nations Office at Vienna, the report states that the Office for Outer Space Affairs and the League had continued to implement the recommendations of the Second United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE 82). The Office was developing a proposal for the League to co-sponsor a workshop or training courses for the benefit of its member States in a subject of the League's choice.

The Economic and Social Commission for Western Asia (ESCWA) reports that during the period under review, it continued to harmonize and promote joint activities with the League in the areas of industry, transport, women and development, human settlements and population. In industry, for instance, it established grounds for future cooperation with the League on promoting cleaner production in the Arab world.

The United Nations Development Programme (UNDP) states that at a meeting with the League in October 1995, the two sides addressed the need to ensure, among other things, systematic exchange of information and documentation between the UNDP and the League.

The United Nations Environment Programme (UNEP) reports that it has continued to work on five areas of cooperation with the League and its specialized organizations, including combating desertification and increasing green areas, combating industrial pollution, and the establishment of a network of environmental information.

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The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) fosters regular exchanges between its officials and the League secretariat at various levels, according to the report. Such an occasion was the general meeting on cooperation between them held in July 1995.

The World Health Organization (WHO) Regional Office for Health Development reports its participation in and provision of technical input for several workshops and technical documents prepared by the Technical Secretariat of the Council of the Arab Ministers of Health. It also collaborated with the technical secretariat in developing a protocol for collaboration with the Union of Arab Pharmacists, and suggested rules and regulations for the functioning of the Arab Pharmacopoeia Committee.

The World Bank reports that, through 1995, it maintained a dialogue with the League in Cairo on the mounting of joint activities in the region. Bank staff have participated in specialized League meetings.

The International Telecommunication Union (ITU) states that it has worked in close collaboration and cooperated in developing telecommunications in the Arab region through various meetings, joint seminars and training courses and workshops.

In its report, the United Nations Industrial Development Organization (UNIDO) says it has established particularly close ties with the Arab Industrial Development and Mining Organization, the Arab Railway Union, and Arab Iron and Steel, among others.

Other United Nations bodies reporting a variety of cooperation efforts are the United Nations Population Fund (UNFPA), the International Monetary Fund (IMF) and the Universal Postal Union (UPU).

An addendum to the report states that the Department of Public Information (DPI), in cooperation with the United Nations Educational, Scientific and Cultural Organization (UNESCO), organized a seminar on promoting independent and pluralistic Arab media at Sana'a from 7 to 11 January. The seminar was hosted by the Government of Yemen and brought together some 150 journalists, media owners, representatives of regional press organizations, various media experts and international observers. The seminar adopted a declaration containing recommendations to promote and strengthen freedom of the press, pluralism and diversity in the media of Arab countries. It was the fourth in a series on the subject of pluralism and freedom of the press. The Arab States Broadcasting Union, a specialized organization of the League of Arab States, participated in the seminar.

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Under the provisions of the draft resolution, the Assembly would request the Secretariat of the United Nations and the General Secretariat of the League to intensify their cooperation. It would also decide that a general meeting between the United Nations system and the League take place once every two years and inter-agency sectoral meetings be organized regularly. It would also recommend that the next general meeting on cooperation between the representatives of the secretariats of the United Nations system and the General Secretariat of the League of Arab States and its specialized agencies be held during 1997.

The resolution is sponsored by Algeria, Bahrain, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen.

International Tribunal for Former Yugoslavia

ANTONIO CASSESE, President of the International Criminal Tribunal for the Former Yugoslavia, said the cessation of hostilities on the ground in the former Yugoslavia and the efforts of the parties to the Dayton Agreement had facilitated the work of the Tribunal. The Tribunal now had seven indictees in the Detention Unit at The Hague. Its first trial was about to finish, and sentencing proceedings for a second case, in which the accused had pleaded guilty, began today. Two trials would be initiated in the next few months. For the first time since Nuremberg and Tokyo, individuals had been subject to the impartial international scrutiny on charges of the most serious crimes known to mankind. Accountability of individuals for breaching international law had become a living reality.

In spite of progress made, the lack of real cooperation by some of the States and entities of the former Yugoslavia presented the Tribunal with a major, almost insurmountable problem, Mr. Cassese said. Their failure to obey the Tribunal's injunctions to arrest indictees on their territory accounted for the huge gap between the indicted and the seven being detained by the Tribunal. Since the Tribunal lacked any enforcement agency of its own, its orders could only be executed by willing States and entities. Although the obligation to cooperate was spelled out in the Dayton Agreement, those provisions had been a dead letter. Some parties, particularly the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republika Srpska, had simply failed to apprehend persons indicted by the Tribunal and surrender them to The Hague. He called on the Federal Republic and the Republika Srpska to arrest and deliver the indictees on their territory.

Addressing criticism that the Tribunal had been prejudiced against the Serbs, he said its investigations into crimes against Serb victims had been hampered by the refusal of authorities in Pale and Belgrade to cooperate with its Prosecutor. The Tribunal tried individuals, not nations or States, and individuals were prosecuted when the Prosecutor had evidence. Prosecuting

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individuals on that basis was, by definition, even-handed and non- discriminatory.

To the charge that the Tribunal was trying only "small fries" rather than the principal architects of the atrocities, he said the Tribunal aimed at reaching those who orchestrated the crimes, including military and political leaders. For that purpose, it might be necessary to try both the subordinates and their superiors. The trials of "small fry" were designed not only to render justice for atrocious crimes allegedly committed by them, but also to produce evidence against the higher echelons in the military and political command.

The lack of real cooperation by some States and entities of the former Yugoslavia blocked the progress of the Tribunal on the path to justice, he said. At Nuremberg, criminals were brought to justice; impunity for crimes, including genocide, was checked. Now, the supreme bodies of the United Nations had pledged to punish egregious offenders at the international level. Yet that pledge was in danger of being undermined by the persistent refusal of some to arrest and bring to justice those allegedly responsible for massive violations of international law.

The Tribunal could not ignore the general political context within which it existed, he said. However, international justice must not be conditioned by, or capitulate to political exigencies. The Tribunal would do whatever was legally permissible to ensure that the long-term demand of all States for justice prevailed over the short-term political interests of a few.

FRANCESCO PAOLO FULCI (Italy) expressed appreciation for the Tribunal's many achievements. For the first time since Nuremberg and Tokyo, international criminal justice was being dispensed. However, there were difficulties ahead, as seen in the enormous gap between the number of indictees and those already detained. It was incumbent on all parties concerned to completely cooperate with the Tribunal. States should adopt the legislative, administrative and judicial measures needed for prompt implementation of the Tribunal's decisions. There was a need to complete the institutional framework for the prosecution and punishment of serious violations of international and humanitarian law at the international level. Italy favoured the creation of an international criminal court.

ERNST SUCHARIPA (Austria) said there could be no peace without justice, and no justice without law. In the case of the former Yugoslavia, that elementary truth had found its reflection in the establishment of the International Criminal Tribunal. The Tribunal's success or failure would have direct repercussions on the peace process there, as justice was essential to reconciliation and re-establishment of the rule of law. Without the Tribunal's indictments, both Ratko Mladic and Radovan Karadzic would have

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participated in the Dayton talks, and no positive result would have been possible.

Indictees found shelter against international jurisdiction only in States or entities which failed to cooperate with the Tribunal, he said. Even if indictees could not be arrested under such circumstances, they were nevertheless isolated. The ultimate and irrevocable aim of the international community must remain the prosecution of all war criminals. The Tribunal's Chief Prosecutor must apply the principle of non-selectivity. It was also to be regretted that the Federal Republic of Yugoslavia (Serbia and Montenegro), the Republika Srpska, the Federation of Bosnia and Herzegovina and Croatia had all failed to execute the Tribunal's arrest warrants, notably in the case of two leading figures, Rajic and Kardic. Non-arrest of indictees could not be tolerated, as the credibility of the whole international community was at stake.

JOHN H.F. CAMPBELL (Ireland) said full cooperation by all the parties with the Tribunal in bringing war criminals to justice was a fundamental obligation which must be honoured if genuine stability and lasting peace was to be consolidated. Progress in that area was even more important now, following the elections in Bosnia and Herzegovina. The ongoing and appalling revelations of evidence of mass executions in Bosnia and Herzegovina and the mass grave sites which were being uncovered filled him with a sense of outrage and disgust. The families of the victims of those appalling crimes and the vast majority of the people of the region looked to the Tribunal and to the international community to put an end to the impunity which the perpetrators continued to enjoy.

In accordance with Security Council resolution 827 (1993), other resolutions and the Peace Agreement, the parties were required to take all necessary steps to ensure that they complied with orders of the Tribunal, he said. They must therefore cooperate in the immediate execution of all warrants of arrest and the transfer to the Tribunal of all persons indicted. Ireland and its European partners continued to monitor compliance in that area closely and had agreed that international organizations and agencies active on the ground should examine how they could make a more effective contribution to the Tribunal's efforts. Ireland had assisted the Tribunal through voluntary financial contributions and by providing assistance to its investigation teams. It would continue to support the Tribunal's work in every possible way.

HASMY BIN AGAM (Malaysia) expressed pleasure that, despite limitations and obstacles, the Tribunal had begun its first trial, and two more were scheduled for this year. He was disturbed, however, regarding cooperation with the Tribunal by the concerned States and entities. He deplored the failure of the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Serb entity to comply with its orders and to execute arrest warrants. More

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disturbing was the fact that two notorious, indicted war criminals, Radovan Karadzic and Ratko Mladic, had not been arrested and handed over to the Tribunal, as required by the Dayton Agreement. That was not only a blatant violation of Security Council resolutions and their commitments under the Dayton Agreement, but a gross disrespect for international humanitarian law. Appropriate international action should be taken, including punitive measures, to compel the Federal Republic of Yugoslavia and the Serb entity to comply with their obligations.

The productive working relationship established between the Tribunal and the NATO implementation force was also a source of pleasure, he said. However, it was regrettable that the force had not been very helpful in executing the arrest warrants transmitted to it by the Tribunal. He cautioned the international community against the "dangerous proposal" by the Federal Republic of Yugoslavia and the Republika Srpska to usurp the Tribunal's authority by setting up their own tribunals. The Tribunal must be provided with sufficient financial support; the international community must be more forthcoming in financial contributions for its work. Malaysia had contributed $2 million to that effort.

MUHAMED SACIRBEY (Bosnia and Herzegovina) said that under the Dayton/Paris Peace Agreement, the Tribunal demanded his country's full cooperation. The countries which had sponsored that Agreement had committed themselves to ensuring that the Tribunal's legal authority was fully respected. The General Assembly and the Security Council were also implicitly bound to give the Tribunal the necessary support.

When Bosnians were the victims of ethnic cleansing, torture, rape and genocidal murder, the most powerful countries of the United Nations had rejected intervention but offered humanitarian relief and the promise of justice, he said. They had promised that the perpetrators of the worst crimes against international law would never be allowed to feel secure and that the victims would receive comfort through the authority of the judicial process. However, the criminals remained free, exercising power, while the victims were again being subjected to excuses.

How it could be justified that a single indicted war criminal had been arrested by the 60,000 armed troops of the NATO implementation force? he asked. The answer lay in the words of political and military commanders who had openly stated that apprehending an internationally indicted war criminal was not worth risking the life of one soldier from Nebraska, Lyon or Manchester. What deal had been made with the devil, the indicted war criminals, so the best equipped soldiers on the ground would avoid confronting the criminals, thus denying real reconciliation and peace to Bosnian society? Some apparently believed that the future of his country was best tailored behind closed doors, where justice was evaded and real politik pursued.

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The suggestion that the Tribunal was one-sided was motivated by the desire to portray all parties and States as somehow equally culpable, he said. Any Bosnian citizen, regardless of ethnicity or religion, who had been victimized, deserved justice and the full efforts of the Government for its achievement. Any indicted war criminal, regardless of ethnicity or religion, must be held accountable for his or her actions. His Government had delivered every indicted criminal under its control to the Tribunal. It was ironic that owing to his Government's commitment to justice, Bosnian Muslims comprised the largest number of defendants currently held by the Tribunal, even though it was the group having the smallest number of persons indicted.

NICOLAAS H. BIEGMAN (Netherlands) said many sceptics had tried to convince the world that the Yugoslavia Tribunal was created with an impossible mission, a defeatist view his country did not share. The Tribunal's task was highly complicated, requiring the highest skills from the judiciary, prosecutors and registrars.

He drew attention to an incident during last month's Tadic trial, when the defence managed to disclose false testimony from a key prosecution witness. While that had been a set-back for the prosecution, it also demonstrated that defendants before the Court received a fair and impartial trial. The Preparatory Committee for the establishment of an international criminal court had much to learn from such developments. The Tribunal would be spared nothing that was usual for national criminal courts, including perjury, untraceable suspects, non-cooperative witnesses and language problems, he said. The Tribunal also had political problems to be faced. Lacking its own enforcement powers, it was entirely dependent on the cooperation of States for the provision of suspects and evidence.

He said he did not share the view that the Tribunal was bound to fail if it could not put Mr. Karadzic and Mr. Mladic on trial. Nevertheless, their prosecution was the Tribunal's chief priority, if only because it would greatly facilitate and support other cases. Most importantly, it would guarantee for the Tribunal the status it deserved. It would mean that genocide, crimes against humanity and war crimes would not be left unpunished.

KAMAL KHARRAZI (Iran) said the success of the Tribunal in bringing people to justice would help heal the wounds caused by the inhuman treatment of Bosnian Muslims by the Serbs. A message would also be sent to the victims that humanity would not turn its back on them and that the perpetrators would not be treated with impunity.

While commending the work of the Tribunal, he said the scope of atrocities made it clear that the trial of a few criminals and indictment of some others fell far short of realizing its objectives. As an international legal body which enjoyed the support of the international community, the Tribunal should redouble its efforts to fulfil the responsibilities. It must

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ensure that under no circumstance would the imperative of justice be overlooked. All nations must put measures in place to enable the Tribunal to fulfil its mandate. It was essential that the United Nations, as the founder of the Tribunal, ensure that justice prevailed over the interests of a few States.

DIRK WOUTERS (Belgium) said that while the report on the Tribunal's work was largely positive -- especially in view of the difficulties it still encountered -- much remained to be done. The lack of cooperation by the parties, especially in dealing with the arrest warrants, was disturbing. Judge Cassese's report had been particularly eloquent on that point, noting the risks that posed to the Tribunal's credibility and authority. Belgium firmly supported the Tribunal's work and saw it as a moral imperative moving the international community towards a more just world.

Among the Tribunal's more tangible achievements was the assertion of individual responsibility for the crimes in the former Yugoslavia, he said. Its work had restricted the movements of indictees, even though they had not been arrested. Other achievements included its contribution to international criminal law, and its positive effect on the establishment of the ad hoc Tribunal for Rwanda. The future international criminal court could take inspiration from the experience and jurisprudence of the ad hoc tribunals.

HUSEYIN E. CELEM (Turkey) said that a prerequisite for the implementation of the Dayton Agreement, as with any international agreement, was that all parties comply with all its provisions. The refusal of "Republika Srpska" and the Federal Republic of Yugoslavia to cooperate with the Tribunal after formally recognizing it constituted a violation of the Agreement. For the normalization of relations in the territory of the former Yugoslavia and the attainment of unification in Bosnia and Herzegovina, a new atmosphere of trust and security must be built between the parties. That required respect for the rule of law.

Since the Tribunal's last report, 10 indictments had been confirmed against 35 individuals, he said. Its Appeals Chamber sat for the first time, rendering judgement on an appeal in which the defence argued that the Tribunal was unlawfully established and did not have primacy over the competent domestic courts. It dismissed those grounds of appeal, thus firmly establishing the Tribunal's authority and showing that no legal assertion could be put forward to circumvent it. If peace was to triumph, justice must prevail.

JAMES HORMEL (United States) said that in its fourth year of operation, the Tribunal had achieved a historic beginning. That process must be pursued diligently in the years ahead, with the full support of the international community. The United States shared the concern of Judge Cassese about the failure of States to cooperate fully with the Tribunal. The victims of

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atrocities in the former Yugoslavia, and the international community as well, had waited too long for indicted individuals to be arrested and transferred to The Hague for trial. The Dayton Agreement was signed one year ago this week. While there had been significant achievements by all parties, civilian implementation had been disappointing, particularly with respect to war crimes.

He said the United States had maintained consistent pressure on States and entities in the region to perform the legal obligations to which they committed themselves in the Dayton accord. Cooperation with the Tribunal was an essential condition for each party seeking to rejoin the international community. He again appealed to the international community for sufficient financial and in-kind assistance for the Tribunal.

One reason the United States had so strongly supported the Tribunal was because of the precedent it represented for the establishment of a permanent international criminal court, he said. If it failed to obtain the full cooperation that the Dayton parties and Member States were obligated to provide, prospects for an effective permanent court might diminish. More was at stake in the challenges facing the Tribunal than accounting for war crimes in the former Yugoslavia.

GERHARD WALTER HENZE (Germany) said the Tribunal's work was based on the moral and legal premise that those involved in acts of genocide, war crimes or crimes against humanity must be held individually accountable. The rule of law was the issue, as well as the maintenance of civil society and the need for reconstruction in war-torn countries. Lasting peace and reconciliation in the Balkans could only be achieved when war criminals were brought to justice.

The Tribunal depended very much on the cooperation of States in the fulfilment of its tasks, he said. The willingness of States to surrender or transfer indictees against whom international warrants of arrests had been issued was vital for the success of its work. The international community owed it to the Tribunal to ensure that that obligation did not become a dead letter. What was ultimately at stake was the moral responsibility of the international community to ensure that those who committed atrocities would not go unpunished and that their victims would not be denied justice. Germany was unequivocally committed to the Tribunal and its principles.

DENKO MALESKI (The former Yugoslav Republic of Macedonia) said that while it was not possible to eliminate war, the next century could be made less violent. The Balkans was a region that had a history of violations of international law. One reason was that those who had repeatedly committed such violations had never been held accountable.

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The work of the Tribunal was very important for maintaining peace in the Balkans, he said. All were aware of the difficulties facing the Tribunal, including the lack of cooperation from State authorities and financial problems. That was the case even though the NATO implementation force cost more in one day than the Tribunal spent in a year. The Tribunal's main task was to demonstrate, through the United Nations, that there was such a thing as "common humanity". Its work represented the first act of reconciliation in the Balkans.

DANILO TURK (Slovenia) said the Tribunal, now fully operational, had always scrupulously observed the sacrosanct principle of judicial independence. It had actively pursued the objective of becoming an effective instrument of international justice. Its work, and indictments issued last year, had helped identify adequate participants in the peace negotiations, proving there was no contradiction between justice and peace. On the contrary, the pursuit of justice helped the cause of peace. Peace with justice was a realistic option and one which should be pursued globally.

It was discouraging that Republika Srpska and the Federal Republic of Yugoslavia (Serbia and Montenegro) remained on the other side of the spectrum, he said. It was particularly discouraging that Radovan Karadzic and Ratko Mladic, who were indicted for genocide and other crimes, had not been arrested and continued to exert an influence in public life. That situation should not be allowed to continue.

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