Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 4 May 2004
JUDGE THEODOR MERON, PRESIDENT OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, REPORTS SERBIA AND MONTENEGRO’S NON-COOPERATION TO THE SECURITY COUNCIL
Please find below the full text of President Meron’s letter to the President of the UN Security Council sent on 4 May 2004.
Pursuant to my responsibilities as President of the International Criminal Tribunal for the former Yugoslavia, I bring to your attention a Report prepared by the Prosecutor pursuant to Rule 7 bis of the Rules of Procedure and Evidence of the Tribunal (attached).
In that Report the Prosecutor complains of a consistent failure on the part of Serbia and Montenegro to comply with its obligations under Article 29 of the Statute and Rule 39 of the Rules of Procedure and Evidence. It describes Serbia and Montenegro’s present co-operation as nearly non existent and states that the level of co-operation has declined following the December 2003
In particular, the Prosecutor identifies failures on the part of Serbia and Montenegro to execute arrest warrants issued by the Tribunal and to respond to requests made by the Registrar pursuant to Rule 59 of the Tribunal’s Rules to explain those failures. The Prosecutor also identifies failures on the part of Serbia and Montenegro to co-operate with the Prosecutor in her attempts
to secure witnesses’ testimonies and documentary evidence, and to grant waivers to enable witnesses to either provide statements to the Office of the Prosecutor or to testify before the Tribunal.
I view the Report of the Prosecutor as indicating extremely serious failures on the part of Serbia and Montenegro and the Prosecutor has satisfied me that Serbia and Montenegro is failing to comply with its obligations under Article 29 of the Statute and Rule 39 of the Rules of Procedure and Evidence. I also share the concern of the Prosecutor that such failures are detrimental to
the expectations placed upon the Tribunal by its completion strategy and could seriously impinge the Tribunal’s ability to meet those expectations.
I would be most grateful, your Excellency, if you could bring the Report of the Prosecutor to the attention of the members of the Security Council.
Accept, Sir, the assurances of my highest consideration.