France urges all States to cooperate with the Mechanism

Thank you, Mr. President,

I thank President Gatti Santana for introducing the eleventh annual report of the International Mechanism for carrying out the residual functions of the International Criminal Tribunals.

France supports the approach adopted by the President and the Prosecutor, who have devoted their efforts to completing trials, arresting fugitives indicted before the International Criminal Tribunal for Rwanda, and to assisting the national jurisdictions responsible for prosecuting the perpetrators of international crimes committed in the former Yugoslavia and Rwanda.

With regard to the former Yugoslavia, the delivery of the appeal judgment in the Stanisic and Simatovic case on May 31 marks a crucial stage in the Mechanism’s judicial activity. For the victims, it represents a victory for justice over impunity, 30 years after the creation of the International Tribunal for the former Yugoslavia.

Turning to Rwanda, in their decision of June 6, the judges of the Trial Chamber concluded that Mr. Kabuga, arrested by France in 2020 and remanded to the Mechanism, was not competent to stand trial. On August 7, the Mechanism’s Appeals Chamber called for an indefinite stay of proceedings and the speedy settlement of the issue of Félicien Kabuga’s pre-trial detention. We encourage the Mechanism to find ways of responding to the victims’ quest for justice.

Mr. President,

France urges all States to cooperate with the Mechanism, in accordance with their international obligations, and to support it in its activities to bring justice to victims and achieve justice and reconciliation. It is essential for the remaining fugitives indicted by the International Criminal Tribunal for Rwanda to be brought to justice. The death of the alleged perpetrators of the most serious crimes will not bring justice for the victims.

In this respect, we welcome the arrest of Fulgence Kayishema on May 24, thanks to the collaboration of the Office of the Prosecutor, the South African authorities and other countries. This arrest is an example of efficient and effective international cooperation and assistance in combating impunity.

We welcome efforts to streamline and consolidate the Mechanism’s activities. We encourage it to pursue its efforts in the next stages of the transition from an operational tribunal to a truly residual institution. The Mechanism will have to continue to carry out its heavy tasks, which include assisting national jurisdictions, protecting victims and witnesses, managing archives and overseeing the enforcement of sentences.

On this point, France welcomes the contribution of the President of the Mechanism to the progress of international criminal justice, in the context of the adoption of ethical principles for international criminal judges in Paris on May 15, 2023, to be introduced in New York on October 24 at International Law Week, with the participation of Madame Gatti Santana.

Finally, memory work is also essential to reconciliation. Nevertheless, we deplore the fact that the glorification of war criminals continues, sometimes with the support of national and local authorities. No lasting reconciliation can take place without recognition of crimes and responsibilities, and this is where the Mechanism’s action is essential.

Thank you very much.