EU Presidency Statement - International Criminal Tribunal for former Yugoslavia

Mr. President,

I have the honor to speak on behalf of the European Union. The acceding countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, the associated countries Bulgaria, Romania, Turkey and the EFTA countries, members of the European Economic Area, Iceland Liechtenstein, declare that they align themselves with this statement.

Mr. President,

The EU has, on a number of occasions, stressed that it attaches the highest importance to the principle that there must not be impunity for those responsible for the most heinous crimes. The EU wishes to take the opportunity of today's meeting to reiterate its strong belief in international criminal justice and in the contribution that this can bring to the peace and security of relations among States. The ICTY, through the work of its Courts and outreach activities, has made a valuable contribution towards reconciliation in the Former Yugoslavia. The EU therefore once again reaffirms its support for the Tribunal and commends its entire staff in their efforts to bring justice to victims of genocide, war crimes and crimes against humanity.

Mr. President,

The EU welcomes the tenth annual report of the Tribunal's President and praises the developments and improvements achieved during the past year. The EU would also like to take this opportunity to welcome the new President of the ICTY, Judge Theodor Meron, and to express its appreciation to the former President, Judge Claude Jorda - now judge of the International Criminal Court - for the accomplishment of his duties, and wishes to both of them all the success in their new endeavours.

Mr. President,

In addition to recent activity of the Tribunal that has led to the successful conclusion of several cases, the Tribunal has also pressed forward with plans to improve its efficiency, involving essentially a two-pronged strategy, which includes both internal and external reforms.

Notably, the EU welcomes the most important internal reform, the removal of the prohibition on ad litem judges adjudicating in pre-trial proceedings. In May, the Security Council unanimously adopted its Resolution 1481 (2003), amending the Tribunal's Statute so as to enhance the powers of ad litem judges in this regard. This reform will undoubtedly maximize the Court's use of available judicial resources and increase the judicial output at the pre-trial stage. It will be an important tool in the finalization of ICTY's Completion Strategy. The EU reiterates the importance of ICTY making every effort to respect the deadlines of the Completion Strategy; namely, 2004 for the completion of investigations, 2008 for the completion of trials and 2010 for the completion of appeals.

Prosecutorial activities have intensified with a view to achieving the goals of Completion Strategy. In this context, the Secretary-General has reached the view that the two Prosecutor's offices for the ICTY and for the ICTR generate too high a workload for only one person to carry out. As a result, the Security Council, pursuant to resolution 1503 (2003), has decided that in order for both Tribunals efficiently to carry out their mandate in the final phase of their existence, each of them would need one dedicated prosecutor. In this context, the EU, as a sign of its highest appreciation for the excellent work Prosecutor Del Ponte has carried out, fully endorsed her re-election for a full mandate as Prosecutor to the ICTY.

The EU calls on the Presidents and Prosecutors of the ICTY and ICTR to continue their co-operation in order to maximize the efficient use of the intellectual and financial resources of the two Tribunals.

Regarding the external component of its Completion Strategy, the EU supports the efforts to establish a Special Chamber for War Crimes Prosecutions in the State Court of Bosnia and Herzegovina (the "War Crimes Chamber") and welcomes the ICTY-OHR cooperation in this respect.

The EU reiterates its call on the Tribunal to ensure that the necessary standards of fair trial, independence and full respect for human rights are respected also within trials in national courts and takes note with appreciation of the activities undertaken to that end, and namely the establishment of the Association of Defense Counsel in September 2002.

Mr. President,

It has been emphasized many times that the success of the Tribunal in the discharge of its mandate largely depends on States' full co-operation and on their willingness to implement its decisions and orders. Although the situation has improved in a number of aspects, still the Tribunal encounters obstacles and resistances. In this regard the EU, recalling the pledge made by the countries of the region at the EU-Western Balkans Summit at Thessaloniki in June 2003 to co-operate fully and unequivocally with the ICTY, calls upon them to improve their co-operation in respect of the arrest and transfer of indictees still at large, requests for documents, access to archives and ready availability of witnesses. It reiterates the need to intensify efforts to transfer Radovan Karadjic, Ratko Mladic and Ante Gotovina to the ICTY for trial.

The EU reaffirms that full co-operation by the countries of the Western Balkans with the ICTY remains an essential element of the EU's Stabilisation and Association process. Failure to co-operate fully with ICTY would seriously jeopardise further movement towards the EU.

Mr. President,

The EU, assuring full support to the Court, wishes to thank all the branches of the Tribunal - the Chambers, the Registry and the Office of the Prosecutor - for their essential contribution to the culture of justice and rule of law.

Thank you Mr. President.

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• ICT for the former Yugoslavia (16/4/2003)
• EU Presidency Statement - The International Tribunal for Former Yugoslavia (26/11/2001)