STATEMENT BY AMBASSADOR KENZO OSHIMA
PERMANENT REPRESENTATIVE OF JAPAN
ON THE REPORTS OF THE ICTY AND THE ICTR
7 JUNE 2006
I would like to thank the Presidents of the two tribunals, Judge Fausto Pocar and Judge Erik Møse, as well as the Prosecutors of the tribunals, Ms. Carla del Ponte and Mr. Hassan Bubacar Jallow, for their reports to the Security Council.
Japan understands that both tribunals have been continuing their efforts to achieve justice. We reiterate our position that both the ICTY and the ICTR should be strongly encouraged to meet their completion strategies by exploring all measures necessary and appropriate.
In this connection, we expect that the large-scale, multi-accused trials recently introduced in the ICTY will successfully accelerate the conduct of trials, while meeting the requirements of due process. Japan supports the extension of the term of the office of the eleven permanent judges of the ICTR from the point of view of fulfilling its completion strategy. In his report to the Council, Judge Møse has repeated his position that "t is difficult at this stage to indicate a completion strategy for the ICTR Appeal Chamber, since it is linked to the ICTY completion strategy". We believe that thorough consideration should be given to achieving better coordination and scheduling between the two tribunals as early as possible.
With regard to the enquiries into the deaths of Milan Babić and Slobodan Milošević, we appreciate the cooperation of the Governments of the Netherlands and Sweden. We encourage the ICTY to fully implement the recommendations made by the Swedish auditors on ways to improve the transparency of the conditions of detention.
Japan remains concerned that the arrest and transfer of the key remaining fugitives, especially Radovan Karadžić and Ratko Mladić, to the ICTY; and Félicien Kabuga, to the ICTR, have not yet been realized. While we note that the Government of Serbia has begun the eradication of the assistance network of Mladić, we are informed that there currently is no trace of his whereabouts. We strongly urge all the relevant States, including Serbia, to make their utmost efforts in this regards.
The international community, including my government, is strongly committed to bringing about justice and ending impunity. Japan, however, believes that achieving justice requires not only the will of the international community but also resolution on the part of the States concerned. If both tribunals should wait for an essentially indefinite period for the transfer of the remaining fugitives, and our support to the tribunals should come to be considered unlimited, then it would be very difficult to justify our support to the tribunals through the Member States assessed contribution. We would like to reiterate our view that possible funding beyond the deadline set by the completion strategies should be met through voluntary contributions by States concerned and by States especially interested.
The time has come for us to shift the focus of our activities to capacity-building and outreach activities at the regional and national levels. We must achieve real justice and confidence in the reconciliation process. To do so, we should strengthen cooperation with the goal of establishing the rule of law and formulating a mechanism to ensure fair trials at the regional and national levels. From this point of view, Japan, in cooperation with the UNDP, has been assisting the War Crimes Chamber in Bosnia and Herzegovina by training judicial staff members and providing it with needed equipment. We have also been considering extending further assistance to judicial institutions in Bosnia and Herzegovina. We note with appreciation that both tribunals have established outreach programs in order to raise awareness and provide the public and the media with information. We hope these commendable efforts will be strengthened and that they will bear fruit in the four and a half years that remain.
In conclusion, we once again call upon both tribunals, with the cooperation of relevant States, to fulfill the purposes of their establishment by bringing to justice all the remaining fugitives by the deadlines of their completion strategies. We strongly hope that the efforts of the international community over ten years will be fully integrated into regional, national and community capacities.
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