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contribution 16 - DEL PONTE Carla

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Completion strategy


transtlated version

Thank you, indeed. First of all, let me tackle the issue of the Security Council resolution. As heard this morning, Pierre-Richard Prosper, in very diplomatic terms, stated the will of his state. As you know the Security Council has five permanent members. And in 2007, I started explaining that the trials at first instance could not have been concluded in 2009 without talking about completing all proceedings by 2010. Not only myself but the President too let the Security Council know about the situation. And I was also talking to the permanent members of the Security Council, and that is when I noticed that we had put ourselves in an impossible situation, because the Russians had said, “2010 that’s it, it has to be closed.” So for that Tribunal to continue its work, you need to secure a unanimous decision. I don not if Russia will change its mind, I hope, but it stated clearly that in 2010, it must be finished.

And that is why I said that the completion strategy had other reasons, but that the prime reason was that point. And there wasn’t yet the arrest of the high profile indicts. I remember Félicien Kabuga, we sought for him in Kenya, but the Kenyan authorities covered him. Maybe Mr Prosper could tell us how it will go on, even though the United States have the will to let the Court continue. I have spoken to representative of Russia from the Security Counsel myself to persuade him on the need to let it continue. He said, “No. No and no. 2010 you have to shut your doors.”

Politics. It must not be politics that exercises control over justice. That is an excess. We are not yet in that situation. The current status of international courts is the following: Investigations, arrests and even searches cannot be conducted without the assistance, without the support of states, and that is where politics comes into play. So do we want to tie the judicial activity to politics? I say no.

But obviously I know it is impossible at this time not to make such a yoke. And I know we have succeeded, even though we needed the political help. We drafted 161 indictments. 161 persons were charged before the ICTY. We have succeeded because you have only two persons at large, so at least we have succeeded. But we needed the assistance of political circles, that is, the international community. So in a stricter sense of the word, the Prosecutor is only partially a Prosecutor. What is the other part of the Prosecutor? He is a diplomat, he’s not a diplomat. Whatever he is, he tours Europe, he tours United States to persuade, to seek for assistance, to explain. And that is political pressure. And that is what I am putting on the table for discussion. It’s not a matter of control. Control is good. It must exist, but it must not be politics controlling justice. There are exceptions, including the security of states. We are fully aware. I believe I have answered all the questions or I have attempted to give an answer to those questions.


M. Jallow, please.