By Carmel Agius, ICTY President.
As the last President of the Tribunal I am ultimately responsible for two major tasks before the closing of the Tribunal: concluding the judicial work by the end of next year, and ensuring that the legacy of the Tribunal is preserved beyond 2017.
In closing any institution, and especially an international criminal tribunal, which determines the criminal responsibility of individuals and deprives accused and convicted persons of their liberty, it is important to do so with competence, efficiency, and adherence to the institution’s founding principles. I believe that the successful completion of the Tribunal’s work can only be achieved if it is realized in a manner that maintains the highest standards of due process and fairness. I will do my utmost to ensure that the closing down of the Tribunal does not detract from its basic purposes, and that principles of fairness remain paramount.
Since the beginning of my presidency the Tribunal has made strong progress towards completing its mandate, delivering judgements in the appeal case of Prosecutor v. Jovica Stani{ić & Franko Simatović and both the trial cases of Prosecutor v. Radovan Karadžić and Prosecutor v. Vojislav Šešelj. The Tribunal is now left with two trial cases and two appeals cases. This is a significant and exciting time in the Tribunal’s history: not only is the Tribunal in its final biennium, it is also concluding some of its biggest, most important trials and its largest ever appeal case. I feel privileged to be overseeing the completion of this work in my capacity as President.
During this critical period, the biggest challenge faced by the Tribunal is staff attrition, as well as its effect on staff morale. My predecessors and I have cautioned the United Nations Security Council about this issue on several occasions. As our mandate draws to a close, highly qualified staff members are leaving to take up more secure employment opportunities, which is of course understandable. However the loss of experienced staff members, who have institutional and case-specific knowledge, will be particularly damaging in the second half of 2017 if the Tribunal is left with insufficient staff to complete all judicial work on time. As the Tribunal continues to downsize, I am doing everything in my power to ensure that ongoing trials and appeals are fully supported. I regret to say, however, that this is becoming an increasingly difficult task.
With regard to the second major task, as President I am determined to strengthen and consolidate the image of the Tribunal, particularly throughout the former Yugoslavia. To achieve this, it is important to understand that the Tribunal’s legacy is not limited only to its jurisprudence, the cases of those persons it has convicted and acquitted, or the stories that can now be authoritatively told about the events that unfolded in the former Yugoslavia.
Its legacy includes many more components, most important of which are the existence and operation of domestic courts in the region to deal with these same crimes, and the affirmation that the outside world cares about what happened during the conflict. I firmly believe that the work started by the Tribunal, which is now being taken up in domestic war crimes proceedings, enhances the prospects for justice and greater reconciliation in the former Yugoslavia and assists in deterring future atrocities.
However, in order to ensure that the Tribunal has a truly lasting impact, its work must be complemented by education and outreach efforts to increase local communities’ access to information about its achievements, and to promote a greater understanding of the Tribunal’s work and its contribution to peace and justice in the region. It is my intention to highlight and increase these efforts during the Tribunal’s final biennium, through a series of legacy-related events both here in The Hague and in the region.
The Tribunal has brought some of the most notorious figures of the late twentieth century to justice. Indeed, there are significant achievements to reflect upon as we near the end of the Tribunal’s lifespan. At the same time, it is important to remember that the Tribunal is not perfect: no institution is or can be, and particularly no institution which has had to break new ground in international justice like the Tribunal. In addition to praise, the Tribunal has received its share of criticism along the way, particularly in relation to the costs involved and the slow pace of proceedings.
While some criticism may be warranted to an extent, there are also politically-motivated misconceptions about the Tribunal amongst the different ethnic groups. This is where outreach and education efforts become particularly crucial. It must be emphasised that there is a great deal to be proud of, and a general sense that the Tribunal has done the job that was assigned to it. There are no outstanding ICTY fugitives, and 94% of the Tribunal’s proceedings have been concluded.
The impact of the ICTY will continue to be felt for many years to come, and it will take a long time to fully evaluate its work. Regardless, I genuinely believe in that work and I am proud to have been part of such an important ‘experiment’ in international justice. I look forward to continuing to lead the Tribunal during its final chapter with the support of my colleagues, the other Principals and the international community.
Photography by Allen Borrelli.
