UN Security Council adopts resolution 808 on war crimes tribunal - U.S. Permanent Representative to the United Nations Madeleine K. Albright speech - includes statement by United Nations Security Council President O'Brien on conflict in Bosnia-Herzegovina - Transcript

Statement by Madeleine K. Albright, US Permanent Representative to the United Nations, UN Security Council, New York City, February 22, 1993.

There is an echo in this chamber today. The Nuremberg principles have been reaffirmed. We have preserved the long-neglected compact made by the community of civilized nations 48 years ago in San Francisco: to create the United Nations and enforce the Nuremberg principles. The lesson that we are all accountable to international law may have finally taken hold in our collective memory.

This will be no victors' tribunal. The only victor that will prevail in this endeavor is the truth. And, unlike the World of the 1940s, international humanitarian law today is impressively codified, well understood, agreed upon, and enforceable. The debates over the state of international law that so encumbered the Nuremberg trials will not burden this tribunal.

The United States strongly supports the Council's adoption of today's historic resolution, which takes the first step in establishing an ad hoc tribunal to prosecute persons accused of war crimes and other serious violations of international humanitarian law in the territory of the former Yugoslavia. Virtually all of the parties who have examined this issue--including the General Assembly, the Co-Chairmen of the International Conference on the Former Yugoslavia, and the Commission of Experts established by UN Security Council Resolution 780-have urged the creation of such a tribunal.

President Clinton has long supported the establishment of a war crimes tribunal at the United Nations to bring justice and deter further atrocities in the former Yugoslavia.

Just 12 days ago, Secretary Christopher, speaking on the President's behalf, explained why the United States believes this and other actions are urgently required. As the Secretary said:

We cannot ignore the human toll.

Serbian |ethnic cleansing' has been

pursued through mass murders,

systematic beatings and the rapes of

Muslims and others, prolonged

shellings of innocents in Sarajevo and

elsewhere, forced displacement of

entire villages, inhumane treatment of

prisoners in detention camps and the

blockading of relief of the sick and

starving civilians. Atrocities have been

committed by other parties as well.

Our conscience revolts at the idea of

passively accepting such brutality.

The Secretary also explained that there is another reason for urgent action now--that there is a broader imperative here. The world's response to the violence in the former Yugoslavia is an early and concrete test of how we will address the concerns of the ethnic and religious minorities in the post-Cold War world. And I quote from the Secretary again:

The events in the former Yugoslavia

raise the question of whether a state

may address the rights of its minorities

by eradicating those minorities to

achieve |ethnic purity.' Bold tyrants

and fearful minorities are watching to

see whether |ethnic cleansing' is a

policy the world will tolerate. If we

hope to promote the spread of freedom

or if we hope to encourage the

emergence of peaceful multi-ethnic

democracies, our answer must be a

resounding no.

The United States has so far submitted five reports to the Council pursuant to UN Security Council Resolution 771, which contain substantiated information about the atrocities that have taken place in the former Yugoslavia. The Council's action, today, begins the process of establishing a war crimes tribunal.

We look forward to working with the Secretary-General to expeditiously accomplish his task of providing the Council with options for the statute and rules of procedure for such a tribunal. Once the Secretary-General's report is received, we, along with the other members, will act quickly within the Council to establish a tribunal under Chapter VII. We will also, in cooperation with the United Nations, exert every effort to ensure that those individuals involved in these outrageous, heinous crimes are identified and held accountable for their actions which so affront the world's collective conscience.

It is worth recalling that the Nuremberg principles on war crimes, crimes against the peace, and crimes against humanity were adopted by the General Assembly in 1948. By its action today with Resolution 808, the Security Council has shown that the will of this organization can be exercised, even if it has taken nearly a half century for the wisdom of our earliest principles to take hold. I hope that it will not take another half century to achieve the peace and security that will render the hideous crimes [which] we suspect have been committed strictly historical phenomena. Thank you very much.

Resolution 808 (February 22,1993)

The Security Council,

Reaffirming its resolutions 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,

Recalling paragraph 10 of its resolution 764 (1992) of 13 July 1992, in which it reaffirmed that all parties are bound to comply with the obligations under international humanitarian law and in particular the Geneva Conventions of 12 August 1949, and that persons who commit or order the commission of grave breaches of the Conventions are individually responsible in respect of such breaches,

Recalling also its resolution 771 (1992) of 13 August 1992, in which, inter alia, it demanded that all parties and others concerned in the former Yugoslavia, and all military forces in Bosnia and Herzegovina, immediately cease and desist from all breaches of international humanitarian law,

Recalling further its resolution 780 (1992) of 6 October 1992, in which it requested the Secretary-General to establish, as a matter of urgency, an impartial Commission of Experts to examine and analyse the information submitted pursuant to resolutions 771 (1992) and 780 (1992), together with such further information as the Commission of Experts may obtain, with a view to providing the Secretary-General with its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law committed in the territory of the former Yugoslavia,

Having considered the interim report of the Commission of Experts established by resolution 780 (1992) (S/25274), in which the Commission observed that a decision to establish an ad hoc international tribunal in relation to events in the territory of the former Yugoslavia would be consistent with the direction of its work,

Expressing once again its grave alarm at continuing reports of widespread violations of international humanitarian law occurring within the territory of the former Yugoslavia, including reports of mass killings and the continuance of the practice of "ethnic cleansing",

Determining that this situation constitutes a threat to international peace and security,

Determined to put an end to such crimes and to take effective measures to bring to justice the persons who are responsible for them,

Convinced that in the particular circumstances of the former Yugoslavia the establishment of an international tribunal would enable this aim to be achieved and would contribute to the restoration and maintenance of peace,

Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia for the establishment of such a tribunal (S/25221),

Noting also with grave concern the "report of the European Community investigative mission into the treatment of Muslim women in the former Yugoslavia" (S/25240, annex 1),

Noting further the report of the committee of jurists submitted by France (S/25266), the report of the commission of jurists submitted by Italy (S/25300), and the report transmitted by the Permanent Representative of Sweden on behalf of the Chairman-in-Office of the Conference on Security and Cooperation in Europe (CSCE) (S/25307),

1. Decides that an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991;

2. Requests the Secretary-General to submit for consideration by the Council at the earliest possible date, and if possible no later than 60 days after the adoption of the present resolution, a report on all aspects of this matter, including specific proposals and where appropriate options for the effective and expeditious implementation of the decision contained in paragraph 1 above, taking into account suggestions put forward in this regard by Member States;

3. Decides to remain actively seized of the matter. VOTE: Unanimous (15-0)

UN Security Council Calls for an End To Conflict in Bosnia-Herzegovina

Statement by UN Security Council President O'Brien, New York City, March 3, 1993.

The Security Council, recalling all its relevant resolutions and statements, expresses its grave concern at and condemns the continuing unacceptable military attacks in eastern Bosnia and the resulting deterioration in the humanitarian situation in that region. It is appalled that even as peace talks are continuing attacks by Serb paramilitary units, including, reportedly, the killings of innocent civilians, continue in eastern Bosnia.

In this connection, the Security Council is particularly concerned about the fall of the town of Cerska and the imminent fall of neighbouring villages. The Security Council demands that the killings and atrocities must stop and reaffirms that those guilty of crimes against international humanitarian law will be held individually responsible by the world community.

The Security Council demands that the leaders of all the parties to the conflict in the Republic of Bosnia and Herzegovina remain fully engaged in New York in a sustained effort with the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia to reach quickly a fair and workable settlement. In this connection, the Security Council also demands that all sides immediately cease all forms of military action throughout the Republic of Bosnia and Herzegovina, cease acts of violence against civilians, comply with their previous commitments including the ceasefire, and redouble their efforts to settle the conflict.

The Security Council further demands that the Bosnian Serb side as well as all other parties refrain from taking any action which might endanger the lives and well-being of the inhabitants of eastern Bosnia, particularly in the areas near the town of Cerska, and that all concerned allow the unimpeded access of humanitarian relief supplies throughout the Republic of Bosnia and Herzegovina, especially humanitarian access to the besieged cities of eastern Bosnia, and permit the evacuation of the wounded.

Having determined in the relevant resolutions that this situation constitutes a threat to international peace and security, the Security Council insists that these steps must be taken immediately.

The Security Council also requests the Secretary-General to take immediate steps to increase UNPROFOR's [UN Protection Force] presence in eastern Bosnia.

The Security Council remains seized of the matter and is ready to meet at any moment to consider further action.

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