Statement by the Permanent Representative of Brazil to the United Nations, Ambassador Ronaldo Costa Filho, at the UNSC Debate on the International Residual Mechanism for Criminal Tribunals - June 14ht, 2022

Mr. President,

Let me start by congratulating Judge Carmel Agius for his remarkable tenure as the President of the International Residual Mechanism for Criminal Tribunals. In full compliance with the mandate he received from the Security Council, he acted decisively to lower the judicial caseload of the Mechanism, which, one shall not forget, is residual and temporary in nature. He also has led the IRMCT with zeal in order for it to carry out other of its fundamental statutory tasks, such as the assistance to concerned States in tracking fugitives and the protection of victims and witnesses.

Mr. President,

Brazil believes that national states bear the primary responsibility for holding accountable those who perpetrate crimes in their territories. Therefore, it sees international tribunals as essentially supplementary to the national judiciaries: international courts should step in when the national ones are unable or willing to adjudicate those crimes themselves. 

On the one hand, the complementarity principle is important to ensure that national states retain ownership in their right and, above all, duty to provide justice to their citizens. On the other hand, history has shown how crucial it is for the international community not to allow, in any circumstances, perpetrators of gross atrocities to go unpunished. Impunity undermines the rule of law and the credibility of national and international institutions. International tribunals offered the international community appropriate means for this not to happen. 

The Residual Mechanism is a notable example of how we can work together as an international community for the sake of justice. The International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, established during ongoing wars, were pioneers in strengthening accountability at the international arena. Their legacy cannot be put in danger. Although the Residual Mechanism cannot exist endlessly, it is paramount to bring justice to all the crimes which were the reasons behind its creation and the establishment of the former Tribunals for ex-Yugoslavia and Rwanda. Furthermore, it would not be responsible to take for granted that victims and witnesses would remain safe on their own after the trials.

Mr. President,

The IRMCT still fulfills those vital functions. Therefore, it must be allowed to pursue its course of action until it is necessary. Brazil strongly supports the timely renewal of its mandate and the reappointment of its judges, prosecutor and registrar. In this sense, Brazil is ready to collaborate in our effort and duty as Security Council members to adopt a resolution to this end before June 30 and commends Gabon’s work in coordinating its drafting in the Informal Working Group on International Tribunals.

Brazil would also like to express support to the Secretary-General in the process of appointment or reappointment of the members of the IRMCT.

In 2010, the Security Council demonstrated that it can act to ensure accountability at the international level for serious violations of international criminal law. Now it is time to show that we are still able to do so.  

Thank you.