Statement by Representative of Slovenia to the UN Security Council Ambassador Samuel Žbogar at the meeting on the International Residual Mechanism for Criminal Tribunals

Thank you very much, Mr. President.

I would like to thank Judge Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, and the Prosecutor Brammertz for the detailed progress reports submitted to the Council and for the informative briefings today.

I welcome Serbian Minister Popović and representatives of Bosnia and Herzegovina, Croatia and Rwanda to this meeting.

Mr. President,

Slovenia strongly supports the work of the Mechanism, established as a successor to the ICTR and ICTY to be a small, temporary and efficient structure. This is an important goal and one that all principals very successfully implement. However, we would like to emphasize that the most important result of the Mechanism for Slovenia is its contribution and lasting legacy for the fight against impunity and for ensuring accountability for the most atrocious international crimes.

Mr. President,

We welcome strong progress made by the Mechanism during the review period.

We note that there are no more active trials or appeals in core crimes cases before the Mechanism.

We also welcome the completion of another residual function, the tracking of core crimes fugitives.

We welcome the document entitled Framework of Operations to Complete Functions prepared by the principals of the Mechanism. This important and comprehensive document will help guide the Security Council when it’s time to decide on the final completion of the Mechanism and possible transfer of its remaining residual functions in due course.

The Mechanism has consistently demonstrated its commitment and determination in adequately planning for the future. 30 years after the establishment of both ad hoc Tribunals the Mechanism is now a truly residual institution.

However, this does not mean the work is done. There are several residual functions that remain important in the pursuit of justice. These include supervising the enforcement of sentences, responding to national requests for assistance, ensuring the continued protection of victims and witnesses, monitoring cases referred to national jurisdictions and managing the archives of the Mechanism and its predecessor Tribunals.

The preservation, management and accessibility of the archives is in our view one of the most important residual functions, which will need further consideration. Archives have lasting value and their efficient management is imperative for ensuring accountability before the courts. Criminal proceedings require an accessible system, where all evidence and documents are properly stored and managed by qualified staff. 

In this regard we see merit in having in the future additional input from the Secretary General and the Mechanism on this issue. We believe that a centralised system of management of the archives of all tribunals and mechanisms established under the UN umbrella would be the most appropriate and efficient way forward.

Mr. President,

We note there are still thousands of open cases before national courts regarding suspected perpetrators of war crimes, crimes against humanity and genocide to be investigated and prosecuted. Therefore, the support and assistance of the Mechanism to the national jurisdictions prosecuting international crimes committed in Rwanda and in the former Yugoslavia need to remain a priority, even after the completion of the Mechanism. In this regard we look forward to having additional input from the Secretary General and the Mechanism’s principals.

The completion and fulfillment of the mandate of the Mechanism depends also on cooperation with the Member States. We urge all States to comply with their obligations under international law and to cooperate fully with the Mechanism.

Dear colleagues,

The respect for the UN Charter and International Law, as well as trust among the Security Council members have eroded significantly since the times the ICTR, ICTY and the Mechanism were established by this Council. 

Today, it sadly seems almost impossible to imagine for this Council to be able to unify around such goal. This could be a topic for another discussion but today we should recognize, value and appreciate the work of the Tribunals and the Mechanism in implementing the mandates that the Council entrusted in them.

The Mechanism’s function will diminish over time, however its legacy and the legacy of its predecessors, ICTR and ICTY, will most definitely not. This legacy remains crucial for fighting the genocide denial and glorification of war criminals, and for reaffirming that perpetrators of most heinous international crimes will not go unpunished, however long it takes.

This legacy is feeding optimism that international order based on the UN Charter, international law and justice will always prevail. 

Thank you.

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