PRESS RELEASE : Ending impunity and implementing international justice [December 2022]

The press release issued by the Foreign Office on 12 December 2022.

Statement by Chanaka Wickremasinghe, UK Legal Adviser at the UN, at the Security Council briefing on the International Residual Mechanism for Criminal Tribunals.

Thank you Mr President,

Let me start by welcoming President Gatti Santana to the Council for the first time – we are confident that she will be an excellent leader for the Court. We also would like to thank the President and Prosecutor Brammertz for their reports and informative briefings today. It is clear that under their stewardship the Mechanism will continue to play an essential role in ending impunity and implementing international justice.

Their briefings demonstrate that this is a good opportunity to look forward to the Mechanism’s future.

First, this summer we will see the conclusion of the final appeal relating to the crimes committed in the former Yugoslavia. The final decision in the Stanišić and Franko Simatović case is a defining moment and one of which the Court should be proud.

Second, we note that Félicien Kabuga’s trial is progressing on schedule and is due to conclude with judgement in 2024. His trial is a testament to the international community’s continuing dedication to accountability for the genocide against the Tutsi.

And third, we are pleased to see the efforts that the Mechanism is making to be agile and downsize in line with the tasks that it now has, including by looking for new headquarters in The Hague and by reducing its presence in the Western Balkans. We look forward to collaborating closely with the Mechanism and to all colleagues on the Council to ensure the Mechanism remains efficient, while securing its critical legacy.

But while there are positives for the future, we have continuing concerns.

It is high time that Serbia arrested and transferred Petar Jojić and Vjerica Radeta to the Mechanism following years of requests, considerations and discussion.

Separately, while the Mechanism continues to engage in important work to assist with justice at the national level in the Western Balkans, the blocking of cooperation by some in the region represents a critical and growing risk to meaningful reconciliation and long-term stability. This has direct implications for achieving justice for victims and we call on all States to meet their obligations and increase their efforts to provide justice for these heinous crimes.

And finally, we are saddened to see that glorification of war criminals and the denial of genocide continue. This is unacceptable and it increases the suffering of the victims. The United Kingdom condemns such denial and glorification in all its forms and calls on all Member States to do so.

While we regret these continuing issues, they serve as an important reminder that the work and legacy of the Mechanism remain as important as ever.

Before closing, Madam President, I would just like to say a word in answer to the concerns raised by our colleague from Russia. Let me assure the colleagues on the Council that Mr Karadžić is treated exactly the same as other convicted prisoners, with the same rights, privileges, and restrictions. He is not being mistreated in any way. Whilst his access to certain telephone contacts with certain members of his family and wider circle were temporarily suspended, those controls were legal and in line with prison service policy and were intended to prevent his continued abuse of that access, and to protect the victims of his crimes.

We also understand that despite Russia’s concerns, Mr Karadžić himself has raised no complaint. We consider that these types of spurious complaints are an attempt by Mr Karadžić’s supporters deliberately to undermine the Mechanism, the UK as the enforcing state, and also the victims and survivors of his terrible crimes.

Thank you Madam President.