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Document 52009IP0136
The mandate of the International Criminal Tribunal for the former Yugoslavia European Parliament recommendation to the Council of 12 March 2009 on the mandate of the International Criminal Tribunal for the former Yugoslavia (2008/2290(INI))
The mandate of the International Criminal Tribunal for the former Yugoslavia European Parliament recommendation to the Council of 12 March 2009 on the mandate of the International Criminal Tribunal for the former Yugoslavia (2008/2290(INI))
The mandate of the International Criminal Tribunal for the former Yugoslavia European Parliament recommendation to the Council of 12 March 2009 on the mandate of the International Criminal Tribunal for the former Yugoslavia (2008/2290(INI))
OJ C 87E, 1.4.2010, p. 153–157
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
1.4.2010 |
EN |
Official Journal of the European Union |
CE 87/153 |
Thursday 12 March 2009
The mandate of the International Criminal Tribunal for the former Yugoslavia
P6_TA(2009)0136
European Parliament recommendation to the Council of 12 March 2009 on the mandate of the International Criminal Tribunal for the former Yugoslavia (2008/2290(INI))
2010/C 87 E/30
The European Parliament,
having regard to the proposal for a recommendation to the Council, submitted by Annemie Neyts-Uyttebroeck and others on behalf of the ALDE Group, on the mandate of the International Criminal Tribunal for the former Yugoslavia (‘the Tribunal’) (B6-0417/2008), covering the republics that make up the territory that was, until 25 June 1991, the Socialist Federal Republic of Yugoslavia, i.e. Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia, Kosovo and Slovenia,
having regard to the fact that the Tribunal is a United Nations court of law, operating in Europe and dealing with European issues, set up in 1993 as a temporary institution specifically to investigate serious violations of international humanitarian law committed in the former Yugoslavia since 1991 and to prosecute those responsible,
having regard to the fact that, at the time, the domestic judicial systems in the former Yugoslavia were not able or willing to investigate and prosecute those most responsible,
having regard to the fact that the Tribunal has indicted 161 individuals, that it has completed proceedings against 116 accused, that currently numerous accused are at different stages of proceedings before the Tribunal, that only five accused remain in the pre-trial stage, awaiting the commencement of their trials, and that out of the indicted individuals only two of them, Ratko Mladić and Goran Hadžić, still remain at large (1),
having regard to resolutions S/RES/1503 (2003) and S/RES/1534 (2004) of the UN Security Council calling upon the Tribunal to take all possible measures to complete all its work by the end of 2010 (‘the completion strategy’),
having regard to the fact that the dates envisaged in the completion strategy are target dates and not absolute deadlines,
having regard to the six-monthly assessments submitted by the President and Prosecutor of the Tribunal, pursuant to paragraph 6 of UN Security Council resolution S/RES/1534 (2004), on the progress made towards implementation of the completion strategy,
having regard to resolution A/RES/63/256 of the UN General Assembly, on a comprehensive proposal on appropriate incentives to retain staff of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia, adopted by consensus on 23 December 2008,
having regard to the considerable and consistent support for the Tribunal and its work from the EU and its Member States,
having regard to the fact that full cooperation with the Tribunal has become a central benchmark in the EU’s policy towards the countries of the Western Balkans,
having regard to its resolution of 15 January 2009 on Srebrenica (2),
having regard to Rules 114(3) and 83(5) of its Rules of Procedure,
having regard to the report of the Committee on Foreign Affairs (A6-0112/2009),
A. |
whereas the Tribunal, situated in The Hague, and its work deserve the continuing full support of the EU and its Member States, |
B. |
whereas the Tribunal has delivered precedent-setting judgments on genocide, war crimes and crimes against humanity, and whereas it has already made a significant contribution to the process of reconciliation in the Western Balkans, thus contributing to the restoration and maintenance of peace in the region, |
C. |
whereas full cooperation with the Tribunal has been one of the strict conditions set by the EU in its contractual engagement with countries in the region, |
D. |
whereas the Tribunal has contributed to laying the foundations for new norms in conflict resolution and post-conflict development worldwide, has provided lessons for potential future ad hoc tribunals, and has shown that efficient and transparent international justice is possible, and whereas its contribution to the development of international criminal law is widely recognised, |
E. |
whereas some of the indictments, decisions and judgments issued by the Tribunal have been regarded as controversial in, and beyond, different parts of the Western Balkans; whereas valuable lessons can be learned from these reactions, which will form part of the legacy of the Tribunal, but whereas they also underscore the need for an Appeals Chamber as well as an outreach programme, |
F. |
whereas the Tribunal continues to conduct a wide range of outreach activities with the aim of bringing its work closer to the countries concerned, including facilitating the coverage of trials by the local media, direct community outreach by its officials on the ground and capacity-building efforts with national judicial institutions dealing with war crimes, as well as a number of projects that seek to identify best practices, |
G. |
whereas the above-mentioned UN Security Council resolutions S/RES/1503 (2003) and S/RES/1534 (2004) called on the Tribunal and the International Criminal Tribunal for Rwanda to complete all investigations by the end of 2004, all first-instance trials by the end of 2008, and all work by 2010; whereas, however, the Tribunal has indicated that it will be unable to complete the first-instance trials before late 2009, also because of the great number of appeals; whereas, therefore, a new decision of the UN Security Council is needed in order to extend the mandate of the Tribunal, |
H. |
whereas the Tribunal has taken the initiative of devising a plan which was endorsed by the UN Security Council in the above-mentioned resolutions and has become known as the ‘completion strategy’, the purpose of which is to ensure that it concludes its mission successfully, in a timely way and in coordination with domestic legal systems in the countries concerned, |
I. |
whereas the plan consists of three phases and target dates for the completion of the Tribunal’s mandate, and whereas the current goal is to complete all proceedings (trials and appeals) by 2011, with a slight spill-over into 2012; whereas, in order to achieve these results, the Tribunal is focussing on the most senior leaders suspected of being responsible for crimes committed within its jurisdiction, has transferred cases brought against intermediate and low-level accused to competent national jurisdictions, and has pursued joint trials of defendants, although care must be taken to ensure that joinder does not impinge on the rights of the accused; whereas national prosecutors and courts can and are also initiating and handling numerous cases themselves, but some national courts may be unable or unwilling to conduct criminal proceedings in accordance with international standards and norms of fair trial, and transfer to national courts has in some cases been met with resistance from victims and witnesses directly involved, |
J. |
whereas the three Trial Chambers and the Appeals Chamber of the Tribunal have maintained full productivity and are hearing multi-accused cases; whereas the referral of cases to competent national jurisdictions has had a substantial impact on the overall workload of the Tribunal, but whereas factors beyond its control have caused certain delays and further unforeseen delays cannot be ruled out, |
K. |
whereas, too, the two remaining indictees, Ratko Mladić and Goran Hadžić, must be brought to justice, and whereas their apprehension will depend on the mandatory cooperation of States, pursuant to Article 29 of the Statute of the Tribunal, including in the search for and arrest and transfer of fugitives as well as the production of evidence located in, for example, domestic archives, and whereas the arrest and transfer of fugitive indictees and the production of evidence have not always been forthcoming, |
L. |
whereas Article 21 of the Statute of the Tribunal provides for the right of any accused person to be tried in his presence and whereas the Tribunal thus would not be able, even if it were in possession of abundant evidence, to proceed in absentia, |
M. |
whereas the commitment of the Tribunal to the expeditious completion of its mandate is recognised, but whereas the outstanding cases must be tried without being subject to unrealistic time pressures, since such pressures might prejudice the right of the accused to a fair trial; whereas no shortcuts can be taken that might further jeopardise the safety and wellbeing of victims and witnesses testifying before the Tribunal, and whereas the target date envisaged for the Tribunal’s completion strategy cannot mean impunity for the two remaining fugitives or undue time pressures for the ongoing trials, |
1. |
Addresses the following recommendations to the Council:
|
2. |
Instructs its President to forward this recommendation to the Council and, for information, to the Commission, the governments and parliaments of the Member States, the United Nations Security Council and the President of the International Criminal Tribunal for the former Yugoslavia. |
(1) Letter from the President of the International Tribunal to the UN Security Council, S/2008/729, 24 November 2008.
(2) Texts adopted, P6_TA(2009)0028.