Statement by the Deputy Permanent Representative of Brazil to the United Nations, Ambassador Norberto Moretti, in the Debate on the International Residual Mechanism for Criminal Tribunals - December 12th, 2023

Mister President,

I thank Judge Graciela Gatti and Prosecutor Serge Brammertz for their last report on the activities of the International Residual Mechanism for Criminal Tribunals. I also commend them for their dedication to the fulfillment of the mandate of the Mechanism.

This is Brazil’s last intervention on the activities of the IRMCT in our current mandate. Since January 2022, we have had the privilege of following closely all the activities related to the Mechanism and of participating in the Council’s debates on the Mechanism.

We could have an optimal vantage point to examine the challenges the IRMCT faces in terminating its functions, despite the efforts undertaken to this end.

The Security Council conceived the Mechanism to be temporary and its functions to diminish over time. Therefore, there must be clear timelines for the completion of its activities. While we regret the challenges for staff’s morale and working environment in general, we understand the need to reduce the proposed budget for 2024 and downsize personnel and resources.

We also welcome the recent conclusion of the core judicial cases. However, there are long-term residual functions that the Mechanism is expected to perform while or if their transfer to national jurisdictions is not possible. This is the case of, inter alia, the supervision of the enforcement of sentences, the protection of victims and witnesses, the requests of judicial reviews and the preservation of its archives.

The tracking of fugitives is also a key function of the IRMCT. We call for full cooperation with the Office of the Prosecutor with a view to the arrest of the two remaining fugitives. We also highlight the need to collaborate with the IRMCT in respect of the execution of outstanding arrest warrants and orders of surrender and relocation of acquitted or released persons.

Mister President,

The IRMCT inherited judicial cases and the residual functions of the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

It is of utmost importance to preserve their legacy. By adopting resolution 2637, the Security Council allowed the IRMCT to continue its work for two years. Ahead of the expiration of the current mandates of its prosecutor and judges next June, we must acknowledge that the Mechanism still needs time and resources to complete its mandated tasks. The clear-cut draft framework on the completion of functions recently presented by the principals of the IRMCT provides the Security Council with important input for its guidance on the future of mandate of the Mechanism.

Brazil reiterates that 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 States retain ownership in their right and, above all, duty to provide justice to their citizens. Strong national institutions that ensure accountability for serious crimes make their societies more resilient against relapse into conflict and violations of international law.

Thank you.