Cablegate: Presentation of Annual Rwanda War Crimes Tribunal

VZCZCXYZ0007
RR RUEHWEB

DE RUCNDT #0870 2891642
ZNR UUUUU ZZH
R 161642Z OCT 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 2791
INFO RUEHBW/AMEMBASSY BELGRADE 0200
RUEHLGB/AMEMBASSY KIGALI 0245
RUEHVJ/AMEMBASSY SARAJEVO 0711
RUEHVB/AMEMBASSY ZAGREB 2743

UNCLAS USUN NEW YORK 000870

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL ICTR ICTY
SUBJECT: PRESENTATION OF ANNUAL RWANDA WAR CRIMES TRIBUNAL
(ICTR) AND YUGOSLAV WAR CRIMES TRIBUNAL (ICTY) REPORTS IN
GENERAL ASSEMBLY

1. At a meeting in the plenary of the General Assembly on
October 15, 2007, Judges Dennis Byron, President of the ICTR,
and Fausto Pocar, President of the ICTY, presented annual
reports on the Tribunals. In his remarks to the General
Assembly, Judge Byron indicated that the Tribunal's chambers
continue to function at full capacity and that all sections
of the Tribunal are coordinating to complete the work as soon
as possible, which includes strengthening the legal capacity
of Rwanda courts. However, he emphasized the need to secure
the arrests of fifteen fugitives still at large, particularly
the arrest of Felicien Kabuga. According to Judge Byron, the
Tribunal's mandate may require that some of the fugitives
will have to be tried at the ICTR, which may delay the
Tribunal's end date. He also said the difficulty of
retaining Registry staff may negatively impact the Completion
Strategy.

2. Judge Pocar similarly praised the ICTY on its efficiency
and observed that it had become a "beacon in the development
and enforcement of international justice." He indicated that
in conjunction with the ICTR, the Tribunal had identified
twelve residual issues related to Completion Strategies,
ranging from matters such as outstanding fugitives and
witness protection to requests for review of judgments and
archives. He also emphasized the need for states to
cooperate in the apprehension of the remaining fugitives,
especially Radovan Karadzic and Ratko Mladic. Both Judges
Byron and Pocar called upon Member States to continue their
support for the ICTR and the ICTY.

3. Following presentation of the annual reports, Member
States took the floor. The first speaker was Prime Minister
Sanader of Croatia, who expressed dismay over the recent ICTY
ruling in the Vukovar Hospital patients' massacre case, at
Ovcara farm. "The Tribunal treated the Ovcara massacre as an
isolated case, rather than as part of a systematic policy,
whose chain of command led to the JNA's military headquarters
and the then political leadership in Belgrade." Nonetheless,
he reiterated Croatia's cooperation with the Tribunal and
indicated Croatia's expectation that the ICTY appeals chamber
would carefully reexamine the verdict upon the prosecutor's
appeal and act in accordance with a clear mandate assigned to
it by the UN Security Council. (Text of speech faxed to IO)

4. When the Serbian Permanent Representative subsequently
addressed the General Assembly, he did not directly respond
to Prime Minister Sanader's statement. Instead, he indicated
that Serbia was generally pleased with the work of the ICTY
and that successful cooperation with the ICTY was one of
Serbia's prime objectives. As a sign of such cooperation, he
said that Serbia was providing financial incentives for the
arrest of particular fugitive indictees. Additionally, he
indicated that the national judiciary is now able to process
complicated cases and called upon Bosnia and Herzegovina and
Croatia to transfer any applicable cases.

5. Other Member States, including Portugal (on behalf of the
European Union), Canada (on behalf of CANZ), Norway, Rwanda,
Bosnia and Herzegovina, South Africa, the Russian Federation,
and Benin (on behalf of the African Group), spoke in support
of the ICTY and the ICTR. Speakers underscored the
importance of working toward the Completion Strategies and
identifying related residual issues such as archives. Toward
that end, many Member States encouraged the possible transfer
of cases to national jurisdictions. Additionally, the
majority of speakers called upon Member States to support the
ICTY and the ICTR financially as well as through the
apprehension of fugitive indictees, most notably Ratko
Mladic, Radovan Karadzic, and Felicien Kabuga.
KHALILZAD

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