Subject: TRIBUNAL ON WAR CRIMES IN BOSNIA
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X-Comment: The Transnational Radical Party List
EMMA BONINO MET TOP U.N. OFFICIAL FOR LEGAL AFFAIRS DR. FLEISCHAUER
In view of the meetings to be held next week with the UN leadership, the
Hon. Emma Bonino met on Friday 28 October with Dr.Fleischauer, Under
Secretary General for Legal Affairs. Dr.Fleischauer did not seem overly
optimistic concerning the timing and the implementation of the ad hoc
Tribunal. In fact, although the formalities have been respected with a
relatively brief delay, Dr.Fleischauer indicated that there remained some
outstanding issues to resolve:
1)the budget: the relevant Commission of the General Assembly is
experiencing a conflict concerning the proposal of the Secretary General to
attribute to the regular budget the expected costs of the Tribunal. Several
countries have objected, stating that the funding should be on a voluntary
basis as in the case of peacekeeping operations. Dr.Fleischauer argues that
only after the convening of the Tribunal (on 17 November) will the adoption
of the proposed budget become easier ($ 31 million proposed by the
Secretary General which does not take into account contingencies that will
be brought forward by the elected judges);
2)headquarters: The Government of the Netherlands has committed itself only
to offering six months free rent of the premises for the Tribunal. All
other logistic issues connected to the work of the Tribunal (detention of
alleged defendants, protection of witnesses...) remain unresolved. In the
case that the Netherlands will not furnish sufficient guarantees in this
sense, Fleischauer does not exclude the possibility of researching the
availability of other countries to host the Tribunal;
3)timing: in the light of the financial difficulties and taking into
account the formalities which the 11 judges must settle in the course of
their first session (17-30 November) such as the election of their
President, the composition of the Registry, the rules of procedure, etc...
Dr. Fleischauer foresees a minimum of a 6 to 9 month period before the
Tribunal can begin to operate in reality and therefore begin to gather
evidence, identify victims and witnesses,...
