Brammertz: Serbia has stepped away from cooperation with the ICTY

Prosecutor Serge Brammertz addressed the United Nations Security Council today and presented the 25th report of the Prosecutor's Office on the progress made in implementing the ICTY Completion Strategy, covering the period from November 16, 2015, to May 15, 2016.

In his address, the Prosecutor provided the Security Council with information on the current status of the remaining first-instance and appellate proceedings, cooperation of states with the International Court, and regional cooperation in prosecuting war crimes in the countries of former Yugoslavia. The Prosecutor began his address by reviewing the status of the remaining first-instance and appellate proceedings, stating that closing arguments in the Mladić case are expected in the fall, and that the Prosecutor's Office recently filed a request to suspend proceedings in the Hadžić case.

Regarding the issue of state cooperation with the International Court, Prosecutor Brammertz expressed the Prosecutor's Office's regret that Serbia has stepped away from the path of full cooperation with the international court. As did the President of the International Court, the Prosecutor also informed the Security Council that Serbia has not executed arrest warrants issued by the International Court for three individuals accused of contempt of court for a year and a half.

He emphasized that in this final phase of the International Court's work, state cooperation remains of crucial importance for enabling the Court to fulfill its mandate. The Prosecutor further informed the Security Council that the positive trend in regional cooperation on war crimes appears to be reversing.

Too many politicians and public figures deny well-known truths, fuel ethnic tensions, and repeat nationalist slogans from the past. As Prosecutor Brammertz noted, while there have been many positive developments in national war crimes judiciaries and regional cooperation, the political situation across the region is moving in the opposite direction. The Prosecutor concluded his address by confirming that the transfer of responsibilities from the ICTY to the MICT continues as stipulated in the Security Council resolutions. He further stated that the Prosecutor's Office will continue to monitor and support national courts prosecuting war crimes committed in the former Yugoslavia and expressed his belief that, in order to support the efforts of national judiciaries regarding war crimes, it is important to share our experiences and lessons learned.

The President of the Mechanism for International Residual Criminal Courts (MICT), Judge Theodor Meron, addressed the United Nations Security Council today to present the latest semi-annual report on the progress made in the work of the Mechanism, Patria reports.

The President noted that during the reporting period, the Mechanism assumed jurisdiction over the retrial in the proceedings against Jovica Stanišić and Franko Simatović, as well as over the appellate proceedings in the cases against Radovan Karadžić and Vojislav Šešelj.

In addition, during this reporting period, Mechanism judges issued nearly 200 decisions and orders on various matters, from requests for assistance to national judicial authorities to filings alleging contempt of court. The President emphasized that judges are performing their work from remote locations around the world diligently and conscientiously, meeting the highest possible standards.

Addressing other matters within the Mechanism's jurisdiction, Meron highlighted the smooth transfer of the remaining functions of the International Criminal Tribunal for Rwanda (ICTR) to the Mechanism after the closure of the ICTR in December 2015. The President added that significant progress has been made in several other areas of the Mechanism's work, including the continuous transfer of ICTR and ICTY case files to the Mechanism, facilitating access to these files, and improving processes related to supporting national judicial systems. Meron also expressed gratitude to the Government of the Netherlands, noting that a law has been adopted in the Netherlands providing a national legal basis for the implementation of the Headquarters Agreement for the court in that country, and that the Agreement itself is expected to enter into force soon.

The Mechanism for International Residual Criminal Courts (MICT) was established by UN Security Council Resolution 1966 (2010) to complete the remaining work of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia after the conclusion of their mandates. The MICT has two branches, one in Arusha, Tanzania, and one in The Hague, Netherlands.