Statement by Ambassador Xolisa Mabhongo, Deputy Permanent Representative of South Africa to the United Nations, during the Security Council briefing on the International Residual Mechanism for Criminal Tribunals (IRMCT), which was established in 2010 to carry out the remaining essential functions of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY)
11 December 2019
Mr President,
At the outset, I wish to thank the President and Prosecutor for their detailed briefings. We commend the significant efforts made to continuously improve the functioning of the Mechanism in a number of ways.
South Africa places great emphasis on Women, Peace and Security and in reading the report of the President, our attention was drawn to the significant work that has been done to achieve gender parity in relation to personnel. Whilst it is regrettable that overall only 45 per cent of the staff are female, it is particularly encouraging that there has been a 2 per cent increase in female professional staff members at the Mechanism since the previous reporting period. Such an achievement bodes well for achieving gender parity across the total staff component. Moreover, South Africa welcomes the recently adopted “Code of Conduct to Prevent Harassment, Including Sexual Harassment, at United Nations System Events”, as well as the continued work on a Mechanism-specific policy on harassment.
Mr President,
In relation to the matter of fugitives, the Prosecutor has expressed regret in relation to South Africa’s lack of implementation to date on the requests for assistance to arrest and surrender a fugitive who, according to available information, appears to be in South Africa.
South Africa echoes this regret. South Africa fully respects its obligation to provide assistance to the Mechanism in the investigation and prosecution of crimes within its jurisdiction in terms of Article 28 of the Mechanism’s Statute, and the delay in positively responding to the Prosecutor should in no way be regarded as a refutation of such obligation.
South Africa has been in regular communication with the Prosecutor’s Office and has met with the Prosecutor to explain the steps we are taking to implement the request. Following active engagements on a national level, I am happy to announce that the international arrest warrant has been endorsed in accordance with South Africa’s domestic law, thus paving the way to give effect to the request for assistance. We appreciate the efforts on the Prosecutor’s side to open channels of communication to the relevant South African authorities and the constructive dialogue that resulted.
South Africa takes its international obligations seriously and wishes to assure the Mechanism and the Security Council that it is firmly committed to combatting impunity and implementing the request for assistance. We will continue to cooperate with the Prosecutor’s Office in order to ensure that the fugitive is brought to justice.
In conclusion, South Africa expresses its gratitude to the Prosecutor and his Office for their commendable work carried out during the reporting period.
I thank you.