( Editorial: --> 8208 )
WASHINGTON, 4 Nov (Hina) - The President of the International
Criminal Tribunal for Former Yugoslavia (ICTY), Antonio Cassese,
called on U.N. member-states to offer all the necessary assistance
to the Tribunal - from handing over indictees to securing financial
and other conditions for the Tribunal's work, in New York on
Tuesday.
"...I would like to urge all Member States to lend to the
International Criminal Tribunal for the former Yugoslavia in The
Hague all the support the Tribunal is entitled to receive," said
Cassese in his report on the Tribunal's four-year work to the U.N.
General Assembly.
The Tribunal's most crucial problem is the fact that the indicted
political and military leaders have not been arrested, Cassese
said, adding those indictees should be tried in The Hague while the
others should be tried before their national tribunals.
The ICTY, founded in 1993 with the aim of contributing to peace by
securing justice and preventing further crimes and recording the
truth, thus preventing historical revisionism, had, according to
Cassese, achieved 'considerable success', considering the means it
had at its disposal.
Eighteen public indictments plus a number of sealed indictments
have been issued by the Prosecutor, 20 indicted individuals
including some leaders are currently in detention at The Hague and
several trials are under way or are completed, Cassese recalled.
The Tribunal had to cope with many obstacles in its work - from
financial and legal obstacles to practical ones, including
problems in securing cooperation, in particular of the Federal
Republic of Yugoslavia and the two Bosnian entities, in arresting
and handing over indictees, Cassese said.
"Our most crucial and urgent problem is the need for more arrests of
military or political leaders. Individual criminal responsibility
applies to all who violate the law, particularly to those in
military or political command".
The Office of the Prosecutor should be strengthened by increasing
the number of investigators and securing three or four courtrooms.
The efficiency of the Tribunal is impeded by financial limitations
as well, Cassese added.
He called on national courts to initiate proceedings against
persons who committed crimes in the former Yugoslavia and who are on
their territory.
"States have jurisdiction and indeed a customary law obligation to
prosecute offences such as 'grave breaches' of the Geneva
Conventions, or to extradite the alleged offenders to the relevant
country," Cassese said.
"We are not capable of trying every war criminal at The Hague and it
would help the Tribunal in its task if there were more national
prosecutions for the multiple crimes committed in the former
Yugoslavia. The two approaches - international and national -
should go hand-in-hand".
The U.N. General Assembly discussion on the work of ICTY included
representatives from some ten countries.
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