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contribution 12 - ARBIA Silvana

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Silvana ARBIA

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Thank you, Mr. Chair. My point will be very short, and there was one I have indicated in my very short indication when I accepted to come. So what is the sense of the model or counter model of the ICTR is revealed very clearly in the completion strategy.

The Tribunal was established to level competition between the national courts and an international court, and the Statute did not provide any judicial means to complete the work of this Tribunal. As a matter of fact, the Rule 11 bis was introduced by the Judges under Rule 11 bis to make the referral of cases to national jurisdictions possible. But when we tried to refer cases, we were confronted to national jurisdictions completely unable to handle this. There were only failures, in France, in Holland and elsewhere. When we sought arrests, it was catastrophic for various aspects. There was no dialogue, and that is the most serious failure of the ICTR experience.

And the failure is still ongoing, because if we look at that ICC, we have the same situation. The courts are not working, and the dysfunctions are due to the fact that states fail to recognize that jurisdiction and fail to cooperate. That is a serious problem that needs to be solved at some point.

In reality there is no cooperation between national and international courts, there is not strategy to complete the work. It requires a political decision. There is a political decision by the Security Council which dictates on the time international courts would need to complete their work without giving them the means or resources to continue that work, without giving the national jurisdictions the means to pursue the trials. This situation is unacceptable because when there is some failure, the actors that work at the international courts are accused, even though the reasons and causes lie in the absence of concrete measures to strengthen these political decisions.

So the need to enhance the national jurisdictions is stressed, but there are very lengthy and uncoordinated processes and for which the states lack the political will and resolve. And it is thanks to associations, thanks to individuals and academic initiatives which have prompted the development of national systems. But there is no clear-cut plan.


I would like to give the floor to Florida Mukeshimana.