1.

Addresses the following recommendations to the Council: (a) recalls the fact that one of the fundamental values reflected in the international community’s decision to create the Tribunal was the quest for justice and the fight against impunity; while fully supportive of the work the Tribunal is doing, points out that this will not be fully achieved unless ongoing trials can be concluded without undue haste and the two remaining indictees, Ratko Mladić and Goran Hadžić, are brought to justice and tried; (b) stresses that the quest for increased speed of proceedings should not be pursued at the expense of due process, and reiterates the now commonly shared view that the legacy of the Tribunal will be measured not only by whether it succeeds in judging those responsible for the most serious crimes falling under its jurisdiction but also by whether it does so in accordance with the strictest standards of fairness; (c) stresses that the retention of highly qualified staff in the Tribunal is a critical factor for the successful completion of trials and appeals, and that the loss of the institutional specialised knowledge needed in order to complete remaining trials could be exacerbated by the timetable envisaged in the completion strategy; in this regard, welcomes the above-mentioned UN General Assembly resolution A/RES/63/256 allowing the Tribunal to offer contracts to staff in line with the completion strategy timescales and to explore non-monetary incentives designed to retain key staff; (d) underlines the fact that, on the one hand, the date fixed for achievement of the completion strategy contributes to the productivity of the Tribunal, but that, on the other hand, if justice is to be done and the trial of Ratko Mladić and Goran Hadžić is to proceed, that date cannot in any way constitute a deadline for the activities of the Tribunal; (e) therefore calls on the Council to examine as a matter of urgency whether a two-year extension of the mandate of the Tribunal should be envisaged and whether this would be sufficient, bearing in mind that any extension should be measured not solely in terms of time but against results, and to advance examination of these issues within the appropriate UN structures; (f) calls on the Council to encourage the UN Security Council to commit itself to providing sufficient resources and support to the Tribunal through the general budget of the UN until the end of the Tribunal’s mandate; (g) urges the Council to continue to support the Tribunal’s efforts to get the countries in question to enhance cooperation and expedite efforts to capture the two remaining indictees, thereby allowing the Tribunal to fulfil its mandate, as well as to clarify with the UN that it must be made very clear that the two remaining fugitives must be tried either by the Tribunal or by the residual mechanisms, therefore avoiding any suggestion of impunity; (h) stresses that the key documents vital for the prosecution of General Ante Gotovina, Mladen Markać and Ivan Čermak should be handed over by the responsible authorities; stresses that recent calls made by the Tribunal’s Chief Prosecutor Serge Brammertz for relevant missing documentation to be located and made available to the Tribunal should be complied with; (i) points out that the EU should continue to stress that compliance with the Copenhagen criteria includes having in place a fully functioning judiciary, capable of prosecuting trials for breaches of humanitarian law, even when the framework of the Tribunal is no longer operational; calls on the Council to set forth clear norms for evaluating the performance of the judiciary in the countries of the Western Balkans after the Tribunal’s term comes to an end, inter alia so as to ensure that conditions of imprisonment meet international standards and that sentences handed down by the Tribunal are adhered to, and calls on the EU to increase its support for domestic war crime investigations and trials, for example through the provision of assistance to law enforcement, judicial and prosecutorial authorities, including funding for training and witness protection; (j) recognises that the pre-eminence of states remains a cornerstone of the international system, and points out that it is essential that the international community, too, support the development of domestic capacity in the Balkans so that the local courts can continue the work the Tribunal has started; supports the existing financing by the EU of, for example, outreach programmes under the European Instrument for Democracy and Human Rights; in this context, calls on the Council to consider an increase in its support for the continuation strategy of the Tribunal, and calls for increased cooperation between the judicial and prosecutorial bodies in the Western Balkans, in particular in cases involving extradition and mutual legal assistance; (k) notes that having a clear mechanism in place to deal with the Tribunal’s residual functions once it has been wound down will be central to ensuring that its legacy is one which reinforces the principles that inspired its establishment; (l) invites the Council to pursue without delay, within the appropriate UN structures, the procedures envisaged for a mechanism for dealing with the immediate and longer-term residual functions, concerning for example witness protection, protection from witness intimidation, contempt of court issues, reviews in the event of exculpatory evidence being received, monitoring of trials referred to the region (currently monitored by the Tribunal’s Prosecution Service through the Organisation for Security and Co-operation in Europe (OSCE)), conditions of imprisonment and issues relating to pardon or commutation of sentences, etc; suggests that a proposal be put to the UN Security Council for the possible setting-up of a joint office to deal with the future residual functions of the Tribunal and of the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone; (m) reminds the Council that the EU should take a particular interest in securing the legacy of the Tribunal by ensuring that its archives are safely stored in a suitable secure location, possibly in the region of the Western Balkans, that they are as complete and as accessible as possible, and that documentation is accessible on the world-wide web; suggests that suitable guarantees of free access should also be given to all prosecutors and defence counsel and, after a suitable period of time, to historians and researchers; (n) stresses that the legacy of the Tribunal should also be linked to the overall reconciliation process; in this context, calls on the Western Balkan states and the EU to support the work of non-governmental organisations and other institutions that aid victims, promote inter-ethnic dialogue and understanding, and aid the pursuit of truth and reconciliation;