Declaration by the Brazilian Delegation on the International Residual Mechanism for Criminal Tribunals - June 12th, 2023

Madam President

I would like to thank the President of the International Residual Mechanism for Criminal Tribunals, Judge Graciella Gatti, and Prosecutor Serge Brammertz for their last report on the activities of the mechanism. We also express our condolences for the passing of Judge Elisabeth Ibanda-Nahamya to her family and close ones.

As we know, the IRMCT inherited judicial cases and the residual functions of the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

These former Tribunals are landmarks in the history of international criminal justice. One cannot underestimate their invaluable contribution to the development of the jurisprudence on international criminal law and their role in providing accountability for the most serious crimes of international law committed in the territories of the former Yugoslavia and Rwanda.

It is of utmost importance to preserve their legacy. One year ago, by adopting resolution 2637, the Security Council allowed the IRMCT to continue its work for two years.

One year before the expiration of the current mandates of its prosecutor and judges, we must acknowledge that the IRMCT still needs time to complete the tasks it is responsible for in its mandate to fulfil the residual functions of the ICTY and the ICTR.

Madam President,

In spite of its importance, the IRMCT, with the support of the Security Council, must envisage the path towards the conclusion of all its activities. The Security Council conceived it to be temporary and its functions to diminish over time. For this reason, we commend the Principals of the IRMCT for bearing in mind the need of clear timelines for the completion of its judicial activities. We also welcome Judge Gatti’s remarkable efforts to promote a reflection on how best to gradually discontinue the activities of the IRMCT, an undeniably complex task. In this regard, we note with satisfaction the establishment last January of a Panel on Judicial Functions to assess the nature and duration of the Mechanism’s remaining judicial functions.

We were also satisfied to learn about the progress achieved by the Mechanism in its remaining core judicial cases. This was illustrated by the conclusion of appeal proceedings in the Stanisic and Simatovic case on May 31st. We are also grateful for Judge Gatti’s initiative to present Council member’s experts with an overview of the expected timeline concerning the case of Félicien Kabuga, whom on June 7th the Trial Chamber considered unfit to stand trial. We support the Trial Chamber’s decision to proceed with evidence hearings even in the face of the impossibility of a conviction.

Despite the progress in the conclusion of the IRMCT’s core judicial cases, Brazil is aware that there are long-term residual functions that the Mechanism is expected to perform. This is the case of the supervision of the enforcement of sentences. This task must be carried out until the last convict passes away or finishes serving their sentence. Victim and witness protection may be necessary until the last member of the immediate family deceases. Convicted persons may also request judicial reviews of their cases if new facts arise.  

The tracking of fugitives is also a key function of the IRMCT to ensure punishment for serious crimes. There are still remaining fugitives. In this context, we commend the Office of the Prosecutor for his key role in arresting Fulgence Kayishema, who remained at large more than 20 years and will be extradited to Rwanda for prosecution. It is also crucial to preserve its archives, and we welcome IRMCT’s efforts to disseminate information about its legacy.   

The IRMCT needs the support of the international community to discharge its mandate. Therefore, we call for full cooperation with the Mechanism in the tracking of fugitives, the execution of outstanding arrest warrants and orders of surrender and relocation of acquitted or released persons.

Madam President,      

Brazil reiterates its belief 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, their duty to provide justice to their citizens. Strong national institutions that ensure accountability for serious crimes make their societies more resilient against criminality.

Thank you.