Address by President Erik Møse at Meeting with ICTR Staff

13 June 2003

Dear Friends and Colleagues,

In 1999, at the beginning of the second four-year mandate of the ICTR, all staff members were invited to assemble here in Simba Hall and meet with the judges. We have found it useful to invite you to a similar event at the commencement of our third mandate. This occasion provides us with the opportunity to review the achievements of the Tribunal to date and to look at the challenges ahead.

Let us first recall that the trials at the ICTR started in January 1997, a few months after the arrival of the first accused. Until then, there was limited infrastructure, no court-rooms and many problems. My predecessor, Judge Pillay, has mentioned that during the first years she had to read court documents by candle-light because of frequent power-cuts. Of the judges who are present here today, Judge Sekule and Judge Ostrovsky have been at the ICTR from the very start. I know that also some staff members formed part of those pioneering times. In spite of the challenges, the six judges of the first mandate managed to deliver six judgements involving seven accused in the course of two and half years, between January 1997 and 1999.

In May 1999, at the beginning of the second mandate, some of you will recall that there were almost no tarmac roads in Arusha and only limited supplies of very many items. Within the Tribunal, many judicial and administrative reforms were still needed. The improvements from May 1999 to May 2003 have been amazing. The Tribunal has been a very busy court, for quite a long time now, with the three Chambers sitting lengthy hours, equipped with very modern court facilities and assisted by a highly professional staff. As a result, during the last four years, the Chambers have doubled their judicial output. Accordingly, since the first trials in 1997, our Tribunal shall have handed down 15 judgements, involving 21 accused, by the end of 2003.  I would like to thank all of you who have made this achievement possible. And let me stress that the contribution of each and every one of you, irrespective of position, is essential to achieve our aims for the third mandate.

Our first aim is to continue, as previously, to deliver justice. This is important for the accused, for the victims, for Rwanda, for the international community, and for humanity. Let us, for a moment, look at this goal within a broader perspective. The ICTR and the ICTY, our sister Tribunal in The Hague, are important members of the UN family, both with yearly budgets of about 100 million USD. But, as courts, they have important specific characteristics, which distinguish them from other UN organs. Our main task, to deliver justice, means to ensure fair trials without undue delay. This carries with it particular challenges for all employees at the Tribunals. All our activities must be geared towards this end. In everyday life, it may be easy to forget this responsibility. Routine matters, deadlines, budgetary negotiations, accidents, and an immense workload may some times lead us into what the French call “la grisaille quotidienne”, daily grey routine life. But we must never forget the reason why we are in Arusha: our mission to build international criminal justice. This being said, let us also recall and regret the tragic loss of lives of ICTR staff members during the second mandate because of illness and accidents.

The trials in Nuremberg and Tokyo represented milestones in the development of humanitarian law. Now, the present engineers of international criminal justice are in Arusha and The Hague, and you are all indispensable parts of this process, directly or indirectly. Let me seize this opportunity, on behalf of the judges and Counsel for the Prosecution and the Defence, to invite each and every one of you to attend our court hearings from time to time. I know that some of you have never observed a trial proceeding, maybe because of your workload. But a short visit in the courtroom gives a feeling of our common mission. I also hope that you are regularly reading the Bulletin and the newly established Newsletter, which provide useful information about our judicial activities.

This brings us to a second aim: our completion strategy. The third mandate, which extends until May 2007, is absolutely crucial in this respect. Let us recall where we stand now. In addition to the trials involving 21 accused which I just mentioned, two other proceedings, often referred to as the Military and the Butare cases, started during the second mandate. The Military case, involving four accused, continues on Monday 16 June. The Butare case, with six accused, is currently addressing procedural issues, following the non-election of Judge Maqutu. Both of these cases are voluminous. The point that I would like to emphasize is that important ICTR work is in progress, involving 31 accused who have been brought to trial – in completed or on-going proceedings.

Four new cases involving ten accused will start in the second half of 2003, and another trial of one accused is ready for early 2004. The trials include the two important Government cases, each with four accused, which will commence when the new ad litem judges arrive. The election of the pool of these 18 judges will take place in the General Assembly on 25 June. It follows from the relevant Security Council resolution that we will be able to use only four ad litem judges at any one time. It will be important to increase this number. At the ICTY, nine ad litem judges sit at any one time.

We can thus summarize our projected agenda as follows. The Tribunal will, in all probability, have completed or started cases involving 42 accused around the end of this year or early 2004. This is an important achievement. Of the remaining 20 accused presently in our detention facilities, four are joined in the Military II proceeding, which is the only remaining large case. The other cases in this group of 20 accused relate mostly to single accused and will require only limited time in the courtroom. But let me stress that every case is important and will be dealt with thoroughly. 

Butare, Military I and II and Government I and II are complex and voluminous cases. They deserve and will be given priority. The judges are of the view that twin-tracking of big cases should be avoided in the third mandate. The challenge will be to find the right balance between the steady progress of these lengthy cases and the completion of small cases that require limited time in the courtroom.

It follows from this overview that our Tribunal will be faced with particular challenges in its third mandate. There will be an increased need for coordination, consultation and cooperation among the three organs of the Tribunal. For these reasons, the judges adopted two new provisions at the recent Plenary session held during the last week of May. Pursuant to one newly adopted rule, a Co-ordination Council, composed of the President, the Prosecutor and the Registrar, will meet regularly. We have already held a first meeting just after the Plenary, and we will meet again in the first half of July. Another innovation is the Management Committee, composed of the President, the Vice President (Judge Vaz), one elected judge (Judge Ramaroson) and the Registrar. The establishment of committees does not in itself solve any problems, but they provide useful forums where the organs of the Tribunal may adopt common strategies to achieve our aims. Let me also say that the appointments earlier this year of a Deputy Prosecutor and a Chief of Prosecutions have greatly facilitated further progress.

I have mentioned the three organs of the Tribunal: the Chambers, the Prosecution and the Registry. But let us not forget the Defence. Even though its position is not formally institutionalized in our Statute, the role of Defence Counsel is indispensable to ensure fair trials within reasonable time and its contribution is greatly appreciated.

This then is a very brief overview of our judicial achievements at the beginning of our third mandate. The ICTR is steaming ahead, thanks to the contribution of each and every one of you. Our progress is being noted by observers, such as the press, NGOs, Governments, UNHQ and, more generally, the international community. You have reason to be proud of your organization. The third mandate will certainly pose new challenges, and further improvements will be required. But with our joint efforts we will succeed. On behalf of the Judges I thank you for your constant efforts towards the fulfillment of our common task.