[Congressional Record Volume 141, Number 170 (Tuesday, October 31, 1995)]
[Senate]
[Pages S16381-S16382]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE INTERNATIONAL WAR CRIMES TRIBUNAL FOR THE FORMER YUGOSLAVIA

  Mr. PELL. Mr. President, today I wish to address an issue which holds 
great significance for the international world order. The subject is 
the International War Crimes Tribunal for the former Yugoslavia, a body 
which can contribute greatly to the reconciliation of the parties to 
this brutal conflict. As a guarantor of respect for the rule of law and 
for the protection of human rights, this tribunal supports the 
principles upon which any lasting peace must be founded. As the peace 
negotiations among the Bosnian Serbs, Croats, and Moslems begin 
tomorrow in Dayton, OH, today is an opportune time to reaffirm that the 
work of the tribunal is a separate but equally important step in the 
effort to rebuild civil society in the region. No matter the outcome of 
this round of negotiations, the work of the War Crimes Tribunal must go 
forward with strong U.S. support.
  Mr. President, over the last few days, we have been horrified by a 
series of front page stories and photos of the terrible atrocities that 
have occurred in Bosnia. These press reports indicate that United 
States intelligence has been instrumental in locating mass graves in 
Bosnia. Those revelations, when paired with refugee accounts of the 
terrifying trek from Srebrenica to Central Bosnia, suggest that 
hundreds, perhaps thousands, of Moslem men and boys were murdered by 
the Bosnian Serbs. The United States should place a high priority on 
collecting information related to these atrocities and on making all 
evidence available to the War Crimes Tribunal. Just as the tribunals at 
Nuremberg punished the aggressors and facilitated the reconciliation 
efforts after World War II, so too must this War Crimes Tribunal 
redress the horrors that have occurred in Bosnia. I am proud to say 
that my father, the late Herbert C. Pell, a former Congressman from New 
York City, was President Franklin Roosevelt's representative on the 
U.N. War Crimes Commission that laid the groundwork for the 
establishment of the Nuremberg tribunal. Today, we must support this 
new tribunal to ensure that the injustices of the war in Bosnia are 
corrected.
  The objectives of the tribunal are threefold: To deter further crimes 
by the war parties, to punish those responsible for war crimes, and to 
ensure justice during and after the process of reconciliation and 
reconstruction of Bosnia. Through the public identification, trial, and 
conviction of war criminals, the international community hopes to 
contribute to the peace process by demonstrating the strength and 
effectiveness of international human rights law. The U.N. Security 
Council created the tribunal in May of 1993, and the court convened for 
the first time in November of that year. Yet the progress of the 
tribunal has been slow. 

[[Page S16382]]

While 42 Serbs and one Croat have been indicated by the tribunal, only 
one person is actually in custody. The difficulties of taking 
defendants into custody are manifold, but this is not the only reason 
for the lack of progress.
  The biggest obstacle facing the tribunal is funding. Recently, 
Secretary-General Boutros Boutros-Ghali placed restrictions on the work 
of many U.N. agencies--including the tribunal--to avoid a financial 
crisis in the United Nations. These fiscal restraints have seriously 
affected the tribunal by freezing the revenues needed to fund its work. 
Unfortunately, much of the responsibility for the U.N.'s debt can be 
laid at our own door. Throughout my tenure as chairman of the Committee 
on Foreign Relations, I consistently argued against the mounting 
American debt to the United Nations that today has reached $1.2 
billion. Today, despite significant efforts on the part of the U.N. 
Secretariat to meet American demands for reforming its bureaucracy, 
Congress is again voting for cuts in funding for the United Nations and 
its agencies.
  A serious consequence for the tribunal of this loss of funding is the 
postponement announced last week of the only trial actually scheduled 
on the court's docket. Lawyers for Dusan Tadic, who is current the sole 
defendant in custody at The Hague, have requested and received a 
postponement of the trial until next year because of a lack of 
resources needed to prepare an adequate defense. Justice Richard 
Goldston, the chief prosecutor for the tribunal, has warned that the 
court will be unable to guarantee the accused's right to a fair and 
speedy trial without the appropriate resources. In addition, the 
tribunal has already been unable to send investigators into the field 
or to recruit lawyers and other personnel. Clearly, under the current 
financial crisis, the principles of the tribunal could be compromised.
  Therefore, Mr. President, I believe that the United States should 
continue to offer financial and political support for the War Crimes 
Tribunal for the former Yugoslavia. Last year, I supported Senator 
Leahy's amendment to the 1995 foreign operations appropriations bill 
that offered $25 million in goods and commodities to the United Nations 
for its efforts to investigate war crimes. Our contributions have been 
deeply appreciated and well used by the tribunal in its work. I would 
urge my colleagues to continue this type of support and demonstrate our 
firm commitment to international human rights law. As the world waits 
for the results of the negotiations in Ohio this week, let us remember 
that the work of the International War Crimes Tribunal is of equal 
significance in the reconstruction of the State of Bosnia.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BUMPERS. Mr. President, I ask unanimous consent that further 
proceedings under the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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