Brammertz at UN Security Council: Croatia not cooperating on war crimes cases, turning justice into a political issue

(Patria) - Serge Brammertz, Prosecutor of the International Residual Mechanism for Criminal Tribunals (Mechanism), addressed the United Nations Security Council today regarding the work of the Prosecutor's Office.

At the outset, he briefed the Security Council on progress in the judicial proceedings in the final trial and in the appeals proceedings before the Mechanism. Prosecutor Brammertz noted that the presentation of the Prosecution's evidence at trial in the Kabuga case is progressing rapidly. He announced that, depending on further developments, the Prosecution expects to conclude its presentation of evidence in the second quarter of 2023, while the appeals hearing in the Stanišić and Simatović case is scheduled for the end of January 2023.

The Prosecutor also informed the Security Council about the appeals judgment in the Fatuma and Others case. He expressed satisfaction that an attempt by Augustin Ngirabatware to influence witnesses in order to overturn his genocide conviction was uncovered and stopped, noting: „We believe that by now prosecuting these acts, we deter others from similar attempts in the future.ˮ

Turning to the search for the remaining fugitives indicted by the International Criminal Tribunal for Rwanda (ICTR), Prosecutor Brammertz informed the Security Council that cooperation with South Africa is now moving in a positive direction. He further highlighted the continued support of the Government of Rwanda.

The Prosecutor additionally drew the Security Council's attention to more than 1,000 fugitives sought by Rwandan authorities for crimes committed during the 1994 genocide against the Tutsi in Rwanda. He explained that, while searching for the remaining four ICTR fugitives, the Prosecutor's Office is uncovering some of these other fugitives in countries around the world. He said that „[i]n order to evade justice, they lied [...] about their past and abused the refugee processˮ, and that „[i]n their new homes, many continue to promote the ideology of genocideˮ. Prosecutor Brammertz called on the international community to help Rwanda bring all genocide suspects to justice.

Regarding national prosecutions for crimes committed during the 1994 genocide against the Tutsi and the conflicts in the former Yugoslavia, Prosecutor Brammertz reminded the Security Council that there are still thousands of cases to be completed in national courts. He explained that domestic prosecutors continue to seek crucial assistance from the Prosecutor's Office, and that this trend will continue for years to come.

With respect to the former Yugoslavia, the Prosecutor emphasized that „the most significant issue remains regional judicial cooperation,ˮ which is „necessary because today victims and perpetrators often live in different countries.ˮ He noted that, although there are positive developments in cooperation between Bosnia and Herzegovina, Montenegro, and Serbia, „prosecutors in the region report that they are not achieving the necessary cooperation with Croatia in cases involving Croatian suspects.ˮ

Prosecutor Brammertz explained that Croatian authorities informed him that investigating and prosecuting their nationals is a matter of state security. „Such an attitude,ˮ he said, „turns justice into a political issue, whereas it should only be about an impartial judicial assessment of evidence and law.ˮ He noted: „Before joining the European Union, Croatia was at the forefront of promoting justice and effective regional judicial cooperation. Unfortunately, it no longer plays that role.ˮ The Prosecutor committed to continuing discussions with Croatian authorities.

The Prosecutor once again reported on the ongoing denial of war crimes and the glorification of convicted war criminals in the countries of the former Yugoslavia. In all these countries, top political leaders are questioning the facts about the crimes committed, praising convicted war criminals, and creating an atmosphere of denial and glorification.

He said: „These are not the words and deeds of marginal elements, but of the political and cultural centers of societies in the region.ˮ Prosecutor Brammertz called on all officials and public figures in the region to behave responsibly and requested that the international community take these issues seriously.

In conclusion, Prosecutor Brammertz expressed gratitude to the Security Council for its support of the Prosecutor's Office.