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Conferenza Tribunale internazionale
Partito Radicale Radical Party - 15 novembre 1999
ICTY/UNGA discussion

The General Assembly met this morning to consider the reports of the International Criminal Tribunals for the Former Yugoslavia.

International Tribunal for Former Yugoslavia

The report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law committed in the Territory of the Former Yugoslavia since 1991 (document A/54/187) covers the period from 28 July 1998 to 31 July 1999. It explains that the Tribunal became a fully functioning international criminal court, providing fair trials to the accused, while maintaining a high degree of protection for victims and witnesses. Nevertheless, recent events in Kosovo, and continuing non-compliance by several States in the region, continued to pose barriers to its operations. According to the report, three judgements were delivered during the reporting period, and nine cases, involving 22 accused, were in the trial or pre-trial stages. In total, 28 detainees are currently in custody in the Detention Unit. Events in Kosovo dominated the work of the Prosecutor. Violence in Kosovo and the continuing refusal of the Federal Republic of Yugoslavia to permit Tribunal investi

gators into that region slowed the investigation of potential crimes committed there that was within the Tribunal's jurisdiction. Non-compliance by the Federal Republic with respect to its obligations to assist the Tribunal hindered the Prosecutor in fulfilling the terms of Security Council resolutions. Meanwhile, the President of that country, Slobodan Milosevic, and four others were indicted for crimes against humanity in Kosovo on 22 May 1999. The report states that 35 individuals named in public indictments remained at large during the reporting period, many in the territory of the former Yugoslavia. Despite the best efforts of the Tribunal, certain States, such as the Federal Republic of Yugoslavia, Croatia and the Republika Srpska, continued to obstruct the Tribunal's work. Moreover, because the Tribunal lacks effective enforcement powers, it continued to rely on the international community to bring such States into compliance with their obligations under international law. However, the report suggests

that the Tribunal's development be measured on three levels. First, the Tribunal exceeded its creators' expectations, in that it had developed to the point of regularly holding trials and appellate proceedings. Second, it had laid the foundation for the establishment of a practical and permanent system of international criminal justice. Third, it was beginning to have an impact on the former Yugoslavia, contributing to the emergence of a vigorous civil society throughout the region. However, the report notes, the Tribunal depends on the international community to ensure that its mandate is fulfilled. Events in Kosovo have demonstrated the need for continued vigilance. The Tribunal needs continuing and increased support from the States that created it; extra resources will continue to be required in order for it to investigate and prosecute those responsible for the grave crimes perpetrated in Kosovo.

 
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