Today, Prosecutor Serge Brammertz of the International Residual Mechanism for Criminal Tribunals (Mechanism) addressed the United Nations Security Council regarding the work of the Office of the Prosecutor (OTP).
Regarding Félicien Kabuga, who remains in the Mechanism’s custody after his trial was halted in August 2023, Prosecutor Brammertz noted the OTP’s position that Rwandan nationals should be returned to Rwanda after their trials are completed. In relation to Fulgence Kayishema, the Prosecutor deplored that more than two years after his arrest, his situation in South Africa is at a stalemate. He called on South Africa to “immediately execute the Mechanism’s Arrest Warrant and transfer Kayishema to the Mechanism’s custody. If it is unable to do so, it is obliged under the Genocide Convention to prosecute Kayishema in its courts.” Regarding both cases, Prosecutor Brammertz emphasized, “[M]y Office believes that the time has come for decisions to be made. The status quo is not sustainable. These matters need to be expeditiously brought to conclusion.”
Turning to the OTP’s commitment to the implementation of the ICTR and ICTY Completion Strategies, Prosecutor Brammertz noted that his Office is firmly focused on assisting national prosecutions, as mandated by Article 28(3) of the Mechanism Statute. In the last six months alone, the OTP received 177 requests from eleven national partners seeking the OTP’s investigative, analytical, and legal expertise to support their domestic cases. He highlighted three examples of the assistance provided by the OTP in recent months.
First, in response to a compelling appeal by the Government of Rwanda to assist their efforts to locate more than 1000 fugitive genocidaires, the OTP and Rwandan prosecutors recently announced the closure of 65 fugitive files. He stressed that the OTP will “continue efforts to locate more fugitives, particularly priority cases of perpetrators who bear significant criminal responsibility. The Prosecutor General has also requested that we support her office to advance investigations of fugitives we have recently located.”
Second, the OTP recently provided a comprehensive investigative dossier to the Chief Prosecutor of Bosnia and Herzegovina regarding alleged perpetrators of crimes against humanity in the former Yugoslavia. A joint team will soon work together to conduct further investigations. The Prosecutor also added that a joint task force with Montenegrin authorities continued to make progress in investigations of important crimes, including crimes of sexual violence.
Third, Prosecutor Brammertz highlighted the excellent cooperation between the OTP and the French Parquet National Antiterroriste, the British Counter Terrorism Command and the American Department of Homeland Security. In response to 29 requests from these partners in the last six months, the OTP provided invaluable assistance by sharing evidence, knowledge, advice and recommendations. He added that “through this and other work, we are helping to ensure that suspected war criminals and génocidaires do not enjoy safe haven in countries where they have falsely claimed refugee status.”
Prosecutor Brammertz noted that Member States’ need for the OTP’s assistance would continue at the same level for the foreseeable future. He stressed that ensuring that this support is provided will be critical to achieving more results in the accountability process.
Turning to the future of the Mechanism and the potential transfer of its functions, Prosecutor Brammertz confirmed the OTP’s support for transferring its assistance to national jurisdictions function to another United Nations office. He explained that this option “would address both the Council’s desire for completion of Mechanism functions while ensuring that Member States will continue to receive the assistance that they need.” He further explained that with respect to other residual functions, the OTP supports the principle that, where possible, additional responsibilities can be transferred to national jurisdictions.
To conclude, Prosecutor Brammertz emphasized the OTP’s commitment to provide information to the Security Council as it considers the Mechanism’s future. He expressed the OTP’s gratitude to the Security Council for its continued support.
