ICTY: Last Trial Over by 2012
Sarajevo | 05 June 2009 |Judge Patrick Robinson
Judge Patrick Robinson, president of the International Criminal Tribunal for the former Yugoslavia, emphasized before the UN Security Council that an extension of the mandates of the permanent trial and appeal judges would be necessary in order for the Tribunal to complete its work.
The ICTY president said he believed that the trial of wartime Bosnian Serb leader Radovan Karadzic could be begin in late August 2009 and wrapped up in early 2012.
The president also noted that current estimates suggested that all but three trials would be completed in 2010, and two more in early 2011.
The ICTY Appeals Chamber would be occupied with appellate work into 2015.
"As you can see, our trial activity is entering the final stretch. However, one serious hurdle remains - the continued flight from justice of Ratko Mladic and Goran Hadzic. If these two men are not brought to justice, it will leave a stain on the Security Council's historic contribution to peace-building in the former Yugoslavia. I also wish to note that their immediate arrest would obviate the need for a residual trial function for the ICTY. In particular, should Mladic be arrested now, his case may be joined with Karadzic," said Judge Robinson.
Mladic is the court’s most-wanted war crimes fugitive, indicted for the crime of genocide committed in ten Bosnian municipalities, as well as crimes against humanity and violations of the laws and customs of war during the 1992-1995 war in Bosnia. Goran Hadzic is wanted by the ICTY for crimes committed in Croatia, crimes against humanity and violations of the laws and customs of war.
Since its inception 15 years ago, the Tribunal has indicted 161 persons for war crimes committed on the territory of the former Yugoslavia. Proceedings against 120 individuals have been completed. With proceedings ongoing against 39 accused, only two indictees remain on the run - Mladic and Hadzic.
In his address to Security Council, Chief Prosecutor Serge Brammertz noted that 2009 would be the last year of full trial activity before the downsizing scheduled to begin in 2010.
Talking about the cooperation of Bosnia and Herzegovina, the prosecutor said that there were no specific outstanding issues in relation to trials before the ICTY. The prosecutor did express his concern that “Bosnia and Herzegovina’s judicial system continues to face serious challenges which could have an impact on its cooperation with the Tribunal,” and stated that an international presence in judicial institutions such as the Special Department for War crimes of the State Court of Bosnia and Herzegovina, should be maintained.
Regarding Serbia, Brammertz noted "additional progress in its cooperation with the OTP", as the large majority of requests for assistance, including requests for access to documents and archives, had been met. He added that "the search for and arrest of Ratko Mladic and Goran Hadzic " remained "the central issue in relation to Serbia’s cooperation".
Prosecutor Brammertz continued his address by turning to another priority of the Office of the Prosecutor – the support for national jurisdiction for the prosecution of war crimes. The Prosecutor said that this “remains a key component of the Completion Strategy” and that it is “the best way to ensure the successful continuation of the OTP’s work”.
He informed the Council that the process of transferring investigative material to national prosecution services was ongoing, with three cases involving ten suspects ready to be transferred and another four cases involving 11 suspects being prepared for transfer to Bosnia.
He also informed the Council that, as part of these efforts to support the local judiciaries, the OTP participated in several conferences with colleagues from the region and, with the support of the European Commission, established a cooperation project allowing prosecutors from the region to be integrated in the OTP in The Hague.
The Prosecutor also warned, however, that “national judiciaries continue to face significant legal obstacles and challenges with regards to the prosecution of war crimes cases”. He specifically referred to “the prohibition on extraditing one state’s national to another state, and the legal barriers to transferring war crimes cases between states,” which “threatens their successful investigation and prosecution”.
Brammertz said that “all authorities concerned should address this issue by establishing the necessary legal frameworks”.
“This appears to be the only way to avoid an impunity gap,” he concluded.
