VZCZCXYZ0000
RR RUEHWEB

DE RUCNDT #1176 3512344
ZNR UUUUU ZZH
R 162344Z DEC 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 5538
INFO RUEHDR/AMEMBASSY DAR ES SALAAM 0315
RUEHTC/AMEMBASSY THE HAGUE 9084

UNCLAS USUN NEW YORK 001176 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KJUS UNSC ICTY ICTR PREL
SUBJECT: INTERNATIONAL CRIMINAL TRIBUNALS OFFICIALS ADDRESS 
SECURITY COUNCIL 
 
REF: A. REF A STATE 129977 
     ¶B. REF B STATE 130271 
 
¶1.  Summary.  The Presidents and Prosecutors of the 
International Tribunals for the former Yugoslavia (ICTY) and 
Rwanda (ICTR) reported to the UN Security Council progress 
made on prosecutions and administrative matters.  Tribunal 
officials focused on efforts to move forward on the strategy 
for completion of their work and development of plans for 
dealing with residual issues after the end of the Tribunals' 
mandate.  Prosecutors  called for assistance from member 
states in bringing the remaining fugitives to justice.  The 
Council adopted a resolution (SC RES 1849 (2008)) which 
permits a temporary increase in the number of ad litem judges 
at the ICTY. (speeches faxed to S/WCI). End Summary. 
 
¶2.  Newly elected Yugoslav Tribunal President Patrick 
Robinson (Jamaica) gave his first report to the Council. 
Judge Robinson described the status of cases and steps the 
court has taken to expedite cases and streamline proceedings. 
 He also discussed referral of cases to national 
jurisdictions, including ten to Bosnia, two to Croatia and 
one to Serbia.  Robinson referred to the visit of Council 
experts to the Tribunal and the interaction between them and 
the judges in dealing with "legacy" issues that will survive 
the windup of the Tribunals, such as the disposition of 
archives.  Judge Byron of the ICTR discussed the use of ad 
litem judges in order to achieve the goals of the completion 
strategy.  "Business as usual is not an option," he said. 
 
¶3.  The Tribunal Prosecutors, Serge Brammertz (ICTY) and 
Hassan Jallow (ICTR) also focused on implementation of the 
Tribunal's completion strategy.  Brammertz reported that the 
ICTY is currently prosecuting 26 individuals in seven trials 
and that two fugitives remain at large - Ratko Mladic and 
Goran Hadzic.  He said that their arrest remains the highest 
priority and to fulfill the mandate of the Tribunal, they 
must be arrested and brought to trial as soon as possible. 
Brammertz noted that he remains concerned about problems of 
witness interference and intimidation.  He said that Croatia 
has responded to most requests for assistance but the 
Tribunal continues to seek access to key documents and 
archives in the Gotovina case.  Serbia's co-operation has, he 
said, significantly improved. 
 
¶4.  In a scolding tone, however, the UK criticized Croatia 
saying that although the UK applauds the apprehension of 
Gotovina, it regrets that Croatia has not provided requested 
documents to the Tribunal. They said that, cooperation with 
the Tribunal is not only mandated by the Council under its 
Chapter VII resolutions, but is also a key condition for all 
countries of the Western Balkans for their successful 
integration into the European Union.  The Croats, current SC 
President, responded that Croatia remains committed to full 
and unequivocal co-operation with the ICTY.  The Croatian 
government has delivered over 2,000 documents.  He said that 
intense co-operation does exist and will continue. 
 
¶5.  Most other Council members made positive remarks about 
the Tribunals and their co-operation with the completion 
strategy.  The French said that everything must be done to 
close the Tribunals' operations but this must be done in the 
context of management of their legacy so that there will be 
no impunity for criminals at large.  (The full transcript of 
the meeting can be found in S/PV.6041) 
 
¶6.  ICTR Prosecutor Jallow noted significant developments at 
that Tribunal, including the recent conclusion of all the 
multi-accused cases, except one (Karemera).  He complained, 
however, that there is no indication of any steps taken by 
the Government of Kenya - other than an earlier seizure of 
property - to implement recommendations in respect of 
Felicien Kabuga.  The Kenyans responded that "should Mr. 
Kabuga ever be found on Kenyan soil, he will likewise be 
apprehended and surrendered to the Tribunal."  They added 
that the search for Kabuga should be expanded to other areas 
where he may be living comfortably. 
Khalilzad