Discurso do Representante Permanente, Embaixador Ronaldo Costa Filho, em debate no Conselho de Segurança sobre o Mecanismo Residual Internacional para Tribunais Penais - 12 de dezembro de 2022 (texto em inglês)
Statement by the Permanent Representative Ambassador Ronaldo Costa Filho in the Debate on the International Residual Mechanism for Criminal Tribunals
December 12th, 2022
Madam President,
I would like to commend Judge Graciela Gatti for the productive beginning of her tenure as the President of the International Residual Mechanism for Criminal Tribunals and thank her and Prosecutor Serge Brammertz for their November 16th report on its activities.
Last June, the Security Council adopted resolution 2637, which allowed the IRMCT to continue its work for the next two years. This was a decision taken on grounds of its continuing importance to international justice. The IRMCT still needs time to complete the important tasks it is responsible for in its mandate to fulfil the residual functions of the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.
These former Tribunals feature prominently in the history of international criminal justice. They paved the way to the Rome Statute and the creation of the International Criminal Court. They provided important benchmarks for the prosecution of the most serious crimes in international law. Their legacy must not be imperiled.
This is why it is essential not to thwart the IRMCT in its mission to bring justice to all the cases it has the competence to adjudicate and inherited from the former Tribunals for ex-Yugoslavia and Rwanda. Moreover, we must not forget that the IRMCT also plays a crucial role in assisting national jurisdictions, protecting victims and witnesses, tracking fugitives and managing archives.
Madam President,
Despite its importance, the IRMCT must envisage the path towards the conclusion of all its activities. The Security Council conceived it to be temporary and its functions to diminish over time. For this reason, we commend the Principals of the IRMCT for bearing in mind the need of clear timelines for the completion of its judicial activities. We note with appreciation that the Office of Internal Oversight Services found its recommendations in this respect to be implemented. We also welcome Judge Gatti’s efforts to devise a comprehensive strategy to guide the Mechanism’s ongoing transition from an operational court to a truly residual institution. At the same, we acknowledge that the Mechanism should be given enough time to transfer all its functions in light of the continuous nature some of them have.
In this context, we were satisfied to learn about the progress achieved by the Mechanism in its remaining core judicial cases. This was illustrated by the conclusion of the appeal proceedings in the Fatuma case on June 29; the prospect for the conclusion of appeal proceedings in the Stanisic and Simatovic case by mid-2023; and the start of the trial in the Kabuga case in late September.
To discharge its assignments, the IRMCT also needs support from the international community. Therefore, we call for full cooperation with the Mechanism in the tracking of fugitives, the execution of outstanding arrest warrants and orders of surrender and relocation of acquitted or released persons.
Madam President,
Brazil reiterates its belief that national states bear the primary responsibility for holding accountable those who perpetrate crimes in their territories. International tribunals are supplementary to the national judiciaries. They must act when national institutions are unable or unwilling to adjudicate those crimes themselves.
The principle of complementarity ensures that national states retain ownership in their right and, above all, duty to provide justice to their citizens. Strong national institutions that enforce accountability for serious crimes make their societies more resilient in the face of criminality. They also reduce the likelihood of relapse into conflict.
Still, the international community should not evade its responsibility for ensuring that perpetrators of gross atrocities will never go unpunished. Impunity undermines the rule of law and trust in national and international institutions. International tribunals are a guarantee that justice will prevail in the end.
Thank you.