Statement by Mr. NAGANO Shunsuke, Counsellor/Legal Advisor, Permanent Mission of Japan to the United Nations, International Residual Mechanism for Criminal Tribunals (Agenda Item 126), at the seventy-eighth session of the United Nations General Assembly

2023/10/18


Mr. President,
 
Japan appreciates the briefing by the President of the International Residual Mechanism for Criminal Tribunals (IRMCT), and welcomes the progress made by the IRMCT to date.
 
Strengthening the rule of law is conducive to sustainable growth and effective development of the international community. Through its investigation, prosecution, and execution of already-made judgments, the IRMCT has been contributing to promoting the international concept of human rights, and advancing the fight against impunity and the pursuit of transitional justice, thereby realizing the rule of law. In particular, Japan welcomes the arrest of Fulgence Kayishema this year, who had been long sought for the alleged atrocious murder of over 2,000 Tutsi refugees. We commend the Prosecutor and his team for their efforts, as well as the important support provided by South Africa, Eswatini, Mozambique, and Rwanda. We hope that the remaining three fugitives will be held accountable in the near future.
 
Another important development is the conclusion of the Stanišić and Simatović case, which is one of the remaining two cases dealt with by the Mechanism. Thirty years after its inception, we have finally witnessed the completion of the mandate given by the Security Council to the International Criminal Tribunal for the former Yugoslavia (ICTY). We commend the IRMCT’s tireless efforts.
 
Japan understands that fair and legitimate due process requires time. On the other hand, for victims and societies, justice needs to be done as expeditiously as possible. We encourage the Mechanism to advance its proceedings under a clear and reasonable timeline, and to use its accumulated information, evidence, and expertise in cooperating with national authorities in their endeavor to end impunity. In this regard, we acknowledge that the Mechanism continues to fulfill a limited but indispensable role to hold those responsible accountable. Japan also calls on all Member States to support the IRMCT, by complying with their international obligations, including those derived from Security Council resolutions.
 
During the General Debate of the High-level Week of the General Assembly last month, Prime Minister Kishida stressed that “[b]ased on the principles of freedom, the rule of law, inclusiveness, openness and diversity, Japan will work with countries that share a vision of a world where diverse nations coexist and prosper together.” Japan continues to attach great importance to promoting the rule of law and accountability. We hosted a Security Council open debate on the rule of law in January this year, organized a side event on the promotion of the International Justice Institutions including the IRMCT in March, and co-hosted an Arria-Formula meeting on the International Criminal Court (ICC) in July. Japan is the largest contributor to the ICC as well. We look forward to further discussions on how we can fortify the rule of law, where the IRMCT obviously plays an important role.
 
I thank you.