UNSC debate (half yearly) on the Progress Report of the International Residual Mechanism for Criminal Tribunals (IRMCT)

(Monday, 13 December ;1000 hrs EST)

INDIA STATEMENT

By

Dr. Kajal Bhat

Counsellor & Legal Adviser

Thank you, Mr. President,

Let me at the outset thank President Carmel Agius and Prosecutor Brammertz for their briefings and for their assessment of the work of the International Residual Mechanism for Criminal Tribunals (IRMCT).

2. Allow me to commend President Carmel Agius for his stewardship of the process and for ensuring that the Mechanism remains on track and continues to deliver. We welcome the appointment of Judge Ms. Fatimata Sanou Toure (Burkina Faso) in place of the deceased Judge Gustave Kam. We would also like to place on record our appreciation for the long and able judicial services rendered by Judge Theodor Meron, who chose to retire on 17 November 2021.

3. We welcome the progress made by the Mechanism during the reporting period, both in The Hague and in Arusha, including efforts aimed at ensuring business continuity to the extent possible under the current extraordinary circumstances. We have taken note that the Mechanism has made efforts to return to in-person meetings since mid-September 2021. We hope these efforts will positively help in adhering to the timelines laid down for case completion.

4. India reiterates its support for the Mechanism and commends its contribution to the fight against impunity and to the preservation of the legacy of the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. We have taken note of the commencement of appeal proceedings in both the Stanisic & Simatovic case and the Nzabonimpa et al. case and pre-trial proceedings in Prosecutor v. Felicien Kabuga (Kabuga case) and the Jojic & Radeta case.

5. We acknowledge the progress made on other judicial matters during the reporting period, such as the variation of protective measures and the supervision of enforcement of sentences. We also note the work of the Prosecutor’s Office in its other residual functions. The Mechanism should continue to make headway in its remaining residual functions, including protecting victims and witnesses, tracking the remaining fugitives of the International Criminal Tribunal for Rwanda, extending assistance to national jurisdictions, and managing the archives of the ad hoc Tribunals and the Mechanism. We reiterate the importance of implementation of the mandate by the mechanism strictly in accordance with the principles of justice, impartiality and fairness.

6. It is our collective responsibility to seek justice for victims. We also look forward to early progress on the relocation of the nine acquitted persons, who are still in the safe house in Arusha. This is a humanitarian issue which needs to be addressed with urgency and sensitivity. We welcome the efforts of the Mechanism to further raise the international community’s awareness on this issue.

7. In conclusion, Mr. President, we encourage the Mechanism to take necessary measures to keep the trial and appeal schedules on track and also assist, within its mandate, to the capacity building of national judicial authorities I thank you, Mr. President.

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