ICTY's Carla Del Ponte says OSCE could support truth and reconciliation commissions in south-eastern Europe

VIENNA, 4 November 2003 - The Chief Prosecutor for the International Criminal Tribunal for the Former Yugoslavia (ICTY), Carla Del Ponte, suggested on Tuesday that the Organization for Security and Co-operation in Europe could play a role in creating truth and reconciliation commissions in the former Yugoslavia.

Addressing the OSCE Permanent Council in Vienna, she said the OSCE had proven to be a leading organization in managing post-conflict rehabilitation processes in Europe.

Focusing on the situation in the former Yugoslavia, Del Ponte said the scars of the past in the region had still not healed, aggressive nationalism remained powerful and many wanted war criminals remained at large.

"Fugitives are still considered by large segments of the local population as heroes. Politicians are hesitant to alienate the nationalist portion of the electorate. And despite some highly commendable gestures by politicians, no serious truth, justice and reconciliation process has been launched in the region."

Del Ponte said attempts at creating truth and reconciliation commissions, which could help to remove the seeds of future conflicts and atrocities, had so far been unsuccessful.

"Perhaps the international community should consider getting active in this area," she said. "I would see the OSCE as the natural partner of civil society and of the governments of the former Yugoslavia in such an endeavour."

Del Ponte said one area in which the OSCE could help the ICTY in fulfilling its mandate to bring to justice the most senior people responsible for the most serious crimes was in the establishment of national judicial institutions able to try war crimes in accordance with international standards.

"Before cases can be transferred, credible courts with well-trained staff and proper legislation must be established," Del Ponte said.

The ICTY would need guarantees that cases would be fully prosecuted and judged and witness protection programmes would have to be created. "Proper monitoring of war crimes trials will have to be accepted, both by international institutions like the OSCE or ICTY and also by local NGOs," Del Ponte added.

The Chief Prosecutor said a major difficulty in the truth, justice and reconciliation process was the fact that the very people who fought the war often continued to hold key positions in the army, police and intelligence services.

"I know your institution can have an invaluable influence to speed up and strengthen these essential but very difficult reform processes," she said.