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contribution 08 - CRUVELLIER Thierry

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First of all, a small reaction to what Madam Del Ponte said, because I’m afraid that you are taking us backward on the issue on which you helped us to make progress yesterday, the political arena. It seems to me that you are proposing the dream of justice without politics, that is, a world without politics. And there I have doubts because it may be a dream, but it’s a dangerous dream. You mentioned the issue or the problem of Judges who are legislators. I believe that one of the problems we’ve faced with these Tribunals is that they have ended up to work in a system that does not respect anymore the separation of power which is a source of abuses.

I believe that a justice left to itself without some political control may also generate important abuses in the future. According to me, that assertion would not help us to respect the way a democratic system works with various powers that operate checks and balances on themselves. So we shouldn’t eliminate politics. I thought that was the major stride we had taken yesterday.

I would like to make another comment on some issues that have come up from the very beginning. Justice on the Rwandan genocide has been underway for 15 years now. It was pointed out that never before had such an important judicial effort been made to prosecute such crimes. It is colossal when you consider the Gacacas, the Rwandan justice, the national courts and the ICTR, and it seems to go on forever.

So I wonder, too, about this issue of a system of justice that has no end. Is it a good idea? Because these Tribunals will give as a legacy the impression that it never ends. I wonder if it is a good thing regarding the way to deal with mass crimes. In many countries, it has been decided at one point to put and end to it. So my question is, should we not also consider to put an end to judicial proceedings?

On other comment on the issue of referrals. This question is directed of course towards the Prosecutors. Do you have the intention of asking for referrals to Rwanda again? And if so, given that the Appeals Chamber has repeatedly turned down your referrals, what new argument are you going to present in that regard? What is new?


The other question which I had noted down, which I think would deserve maybe a response from Defense counsel, one or two of them, is this question of self representation in court, which Ambassador Carla Del Ponte had some very strong views on. And I would be interested to hear, or maybe the group, I hope, is interested to hear if there is response from Defense counsel. I had Vincent Lurquin marked down.