JUAN ANTONIO YA EZ-BARNUEVO (Spain) said the Council had taken an historic
step in deciding to establish an international tribunal to prosecute those
responsible for grave breaches of international humanitarian law during
armed conflict. He understood that there might be doubts as to the
competence of the Council in taking such a step. However, Spain did not
share those doubts.

     Spain saw the Council's decision as a limited and precise action in
response to a specific duration. It would also be of limited duration. The
Council's action did not establish a new, permanent legal or legislative
framework. It was simply an ad hoc machinery for prosecuting crimes
committed in the territory of the former Yugoslavia.

     The European Community had long expressed its hope for an international
criminal tribunal on a permanent basis to prosecute such breaches of
international law, he said. He, too, would have preferred an international
tribunal of universal jurisdiction to handle the prosecution of crimes in
the former Yugoslavia. But he recognized the need for expediency and the
fact that the international community did not have the time to wait for the
establishment of such an international court. He hoped the present action
would be the first step towards the establishment of a permanent
international criminal court.

     It was necessary, he said, to ensure full respect for all legal rights
during the proceedings. The mechanism envisaged must have full guarantees
for respect for international law. Issues such as the nature of penalties,
recourse to appeal, full protection of the rights of defendants must all be
properly addressed and all legal rights guaranteed.


     He said he eagerly awaited concrete proposals from the Secretary-General on
the organization and operation of the tribunal. He hoped the tribunal would
successfully bring to justice those responsible for crimes. However, he
stressed that the establishment of the tribunal was not an attempt to
replace other negotiations under way towards a full and lasting solution to
the conflict. Peace could only be reached on the basis of justice and
negotiation. He encouraged the Co-Chairmen of the Steering Committee of the
International Conference on the Former Yugoslavia to continue their efforts
towards a resolution of all aspects of the conflict.

     TERENCE CHRISTOPHER O'BRIEN (New Zealand) said the Council had taken a
momentous decision. New Zealand had long supported the principle of
international criminal jurisdiction.


     It was absolutely important that the Council implement the decision which
would follow the Secretary-General's report, he said. The momentum
established with today's Council action must not be lost.


     Mr. SNOUSSI (Morocco), speaking as the representative of his country, said
the adoption of the resolution had confirmed the will of the Security
Council not to let crimes go unpunished. For some months now, the world had
been witnessing the systematic acts of torture, violence and other
inadmissible practices, which were thought to belong to another age.


     He said the Council, by its action, had responded to the unanimous wish of
the international community, which had deplored, condemned and called for
action.


     The meeting was adjourned at 12:55 p.m.