Statement on behalf of Latvia, Estonia, and Lithuania on agenda item “International Residual Mechanism for Criminal Tribunals”

77th Session of the United Nations General Assembly

Agenda item 129 “International Residual Mechanism for Criminal Tribunals”

Statement on behalf of Latvia, Estonia, and Lithuania by H.E. Mr. Andrejs Pildegovičs

19 October 2022, New York

Mr/Madam President,

I have the honor to speak on behalf of the three Baltic States – Estonia, Lithuania and my own country Latvia.

The Baltic States align with the statement made by the European Union and its Member States.

We would like to thank Judge Graciela Gatti Santana President of the International Residual Mechanism for Criminal Tribunals for the annual report. We congratulate her for appointment as the president of the Mechanism and wish her every success in her endeavours. We would also like to thank the former President, Judge Carmel Agius for his energetic leadership and productive actions in operationalizing the mechanism’s mandate.

We commend the important work of the Mechanism in ensuring accountability for the most serious crimes under international law. Now more than ever, strong multilateral, inclusive, rules-based international order is essential for the maintenance of global peace and security. It must be our joint responsibility to defend and strengthen it with all possible tools.

We believe that international judicial institutions like the Mechanism have a critical role in the establishment and upholding of international peace and security. However, effectiveness of the Mechanism in conducting its work relies on cooperation from States. All States should comply with their international obligations and fully cooperate with the Mechanism, including in apprehending remaining fugitives at large.

Mr/Madam President,

The Baltic states would like to take this opportunity to reaffirm its continued support for the important work of the Mechanism. The ongoing work of the Mechanism ensures that the legacies of the ad hoc tribunals, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, endure.

We reaffirm our strong support to Mechanism on its work on peaceful settlement of disputes and congratulate the Mechanism on the significant progress accomplished during the past year, particularly as regards the pending cases. It is positive that the Mechanism has commenced the trial in its last core case, the case against Félicien Kabuga.

Mr/Madam President,

We remain strong supporters of international criminal justice mechanisms and believe that the Mechanism and other international courts are crucial cornerstones of the international rules-based order.

The tribunals and the work of the Mechanism have been instrumental in the jurisprudence and practice of international criminal law and in ending impunity for the most serious crimes of concern to the international community. Together, they have added breadth and depth to international criminal law jurisprudence and administered justice in cases involving some of the most horrific crimes in recent history. Even though the Mechanism has reached its final trials and appeals, its assistance to national jurisdictions prosecuting international crimes committed in the former Yugoslavia and Rwanda remains invaluable.

Mr/Madam President,

In a world where Russia is committing heinous acts on the territory of Ukraine on daily bases and shows grave disrespect for the principles of international law, the Mechanism stands as a reminder that the Security Council can and should act to ensure accountability for atrocity crimes.

The Mechanism carries on this important work and continues to perform this crucial mandate. We take this opportunity to take note of the work of the Mechanism and appreciate that it continues to proceed even amid the current coronavirus disease pandemic. It commendable that the Mechanism has adapted its activities to the mandate by the Security Council, and the Office of Internal Oversight Services has positively reviewed the methods and work of the Mechanism.

We reiterate the importance of providing support for the Mechanism. The administration of justice is an ongoing commitment; it is as important to support such mechanisms and international bodies in the continuation and completion of their mandates as it is envisaged in their initial establishment. The Baltic states believe it is important for the international community to continue to support the Mechanism in order to bring perpetrators to justice and lasting and positive impacts on affected communities and victims.

We appreciate that the Mechanism focuses on witness support and protection, and pays attention the interests of witnesses and victims when considering early-release applications. It is unfortunate that there are several contempt of court cases where the accused have tried to interfere with witnesses.

Mr/Madam President

The rule of law and the maintenance of international peace and security are at the heart of our foreign policy. We take this opportunity to reiterate our unwavering support for international criminal justice in general and for the Mechanism in particular.

Lastly, in order to further strengthen international criminal justice mechanisms, we strongly support the idea to establish Special Tribunal to prosecute the crime of aggression against Ukraine.

I thank you.