MEMORANDUM OF UNDERSTANDING between THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA and THE CITY OF SARAJEVO
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MEMORANDUM OF UNDERSTANDING between THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA and THE CITY OF SARAJEVO

The Sarajevo Information Centre on the International Criminal Tribunal for the former Yugoslavia (ICTY) was recently opened at the City Hall by the Mayor of Sarajevo Abdulah Skaka and Gabrielle McIntyre and the former judge at the ICTY Fausto Pocar.

The establishment of the Information Centre on the International Criminal Tribunal and promotion of their legacy is a project of historic significance for the City of Sarajevo and the state of Bosnia and Herzegovina. The Centre is a one more step closer towards truth and justice; confronting the past; developing peace and reconciliation“, stressed Mayor Skaka.

The mandate of the Information Centre Sarajevo is to provide updated, direct and secure electronic access to the public documents of the International Criminal Tribunal and archive material contained in ICTY’s online databases. The Centre is located in the City Hall and it will operate as a separate organisational unit within the Sarajevo City Administration. The public, researchers, students, the academic community, media and all interested citizens will be able to search the entire ICTY’s electronic archive with the assistance of the Sarajevo City Administration’s expert personnel, using modern IT equipment.

What is more, from now on the visitors at the City Hall will be able to visit the permanent exhibition of the original courtroom of the ICTY. The courtroom which the Mechanism, as the legal successor of the ICTY, has donated to the City of Sarajevo, will also be used by law students during practical lessons.

The audience was addressed by Ivo Komšić, Chairman of the Mayor’s Council for the Information Centre, who said that the Centre should serve as a unique place in this part of Europe where academic research of war crimes will be done from the legal, historical, sociological, philosophical, and psychological aspects.

The ICTY was a pioneering institution and the first international criminal tribunal of the modern age, which showed that accountability for the tragic events and horrendous crimes committed in the territory of the former Yugoslavia in the nineties is possible” stressed Gabrielle McIntyre in her address.

On this occasion, Mayor Skaka presented the recognitions for special contribution to the establishment of the Information Centre to the former mayors of Sarajevo Semiha Borovac and Ivo Komšić, former judge of the ICTY Fausto Pocar and the current President of the Mechanism for the International Criminal Tribunals judge Theodor Meron. The recognitions were also awarded to the Ambassador of the Republic of Indonesia to BiH H.E. Amelia Achmad Yani, heads of Sarajevo municipalities Centar and Novi Grad: Nedžad Ajnadžić and Semir Efendić and president of the Unicredit Bank Administration Dalibor Ćubela.

The Information Centre opening ceremony, which was held simultaneously with the exhibition “The Siege of Sarajevo as Seen through the Rulings of the ICTY”, was attended by a high delegation of the Mechanism for the International Criminal Tribunals, the legal successor of the International Criminal Tribunal for the former Yugoslavia (ICTY), as well as the representatives of the executive, legal and judicial government in BiH, the international community, and the association of war crimes victims.


MEMORANDUM OF UNDERSTANDING

This  memorandum  of understanding  (hereinafter  referred to  as MOU”)  ientered  into  by and between  the International  Criminal  Tribunal for the former Yugoslavia  (ICTY“),  an international organisation  established  by the United Nations  Security  Council,  and  having  its  Headquarters located  at Churchillplein  1, 2517JW The Hague, Netherlands,  and the City of Sarajevo, Hamdije Kresevljakovica 3,  71  000 Sarajevo, BiH (City of Sarajevo).  The ICTY and the City of Sarajevo are collectively  referred to herein as the “Parties” and each individually as a “Party”.

WHEREAS,  the ICTY’s judicial  records and its evidence collection  contain an enormous  quantity. of information about the violations of the international humanitarian law committed  during the wars in the territories of the former Yugoslavia during the 1990s;

WHEREAS,  these records are of tremendous value to victims and their families, as well as to legal professionals,  academics,  historians,  journalists,   and  the national  authorities  in the  former Yugoslavia  and other civil society actors working in the field of transitional justice;

WHEREAS,  as part of its legacy,  the ICTY must  ensure that  its public judiciarecords  can be effectively accessed and utilised by a wide range of parties in the former Yugoslavia;

WHEREAS,  the United Nations Secretary-General  stated in his report  of 21  May 2009  that the creation  of information  centres  in the former  Yugoslavia  would serve  the  purpose  of ensuring access  to ICTY‘s public judicial  records  and would  also contribute  to  informing  and sensitising those living in the countries of the former Yugoslavia;

WHEREAS,   the  United  Nations   Security Council  requested  the ICTY  tcooperate  with  the countries  of the former Yugoslavia  in order to facilitate the establishment  of the information and records  centres  by enabling  access  to the copies of the judicial  records  from the  archive  of the ICTY.2

WHEREAS,  the  ICTY has facilitated regional  consultation  on the  establishmenof Information Centres  in the  former Yugoslavia  and the Presidency  of Bosnia and Herzegovina  agreed  to the establishment   of an information  centre  in  Sarajevo (Sarajevo  Information  Centre”  or  the “Project);

WHEREAS,  the development  and establishment  of the Sarajevo  Information Centre depends on the availability of external funding;

NOW,  THEREFORE,  and in  consideration  of  the  mutual  covenants  and agreements  contained herein it is agreed by the Parties as follows:

1    THE SARAJEVO INFORMATION  CENTRE

1.1.  The purpose  of this MOU  is to regulate  the  establishment  of the  Sarajevo InformatioCentre and the cooperation of the Parties in providing assistance to the Centre.

Location and mandate

1.2.  The  Headquarters  of the Sarajevo  Information  Centre  shall  be  allocated  space  at  thSarajevo City Hall, Obala Kulina bana 1.

1.3.  The main mandate of the Sarajevo  Information Centre shall be to provide the public with upto-date direct and secure electronic access to all publicly availablICTYs records and archival material contained in ICTY‘s online databases;

1.4. Depending  on the availability  of financial  funds and resources,  the Sarajevo Information Centre  may  invest efforts with  the aim to inform the public  on the war  crimes  issues, contributing  to  the process  of transitional  justice and strengthening  the rule  of law  in Bosnia  and Herzegovina  and the  region  by establishing  a strong  outreach  components, including:

1.4.1. the component  of transitional justice  – contribution  to the processes  of transitional justice  and dealing with the past by organizing various informative and educational public events;

1.4.2. the component of support to legal professionals  and civil society capacity building activities targeting legal professionals and civil societies groups handling war crimes cases before domestic courts in Bosnia and Herzegovina; and

1.4.3. the exhibition  component – showcasing the work of the ICTY and courts in Bosnia and Herzegovina  in adjudicating war crimes cases.

Administration

1.5.  The Sarajevo Information Centre will be administered by the Mayor.

1.6. The   Mayor‘s  Council   for Sarajevo   Information   Centre (hereinafter referred  to  as “Council)  shall be set up in accordance with the City of Sarajevos  procedures and shall be responsible  for:

1.6.1.   Preparing   documents,   annual  plan of  activities   and  budget   of the  SarajevInformation Centre

1.6.2. Development of activities of Sarajevo Information Centre

1.6.3.  Development and implementation  of the plan for fundraising; and

1.6.4.  Cooperation with representatives  of ICTY in order to ensure  constant  access to thICTY’s public archives.

1.7. The  Advisory  Committee  shall  be established  by  the  ICTY  and  shall  be  made  up  of representatives  selected by the  ICTY, and may include Judges  and staff members  of the ICTY and representatives  of institutions in Bosnia and Herzegovina  selected by the ICTY.

1.8. The Advisory Committee shall assist the Council in performing its duties, particularly with respect  to public  activities  of the Sarajevo Information Centrand fundraising  related activities.

1.9.  There  shall  not be overlap  in membership  between  the Mayor‘s  Council  and AdvisorCommittee.

1.10.   The Council  shall consult with the Advisory Committee  about the following issues related to the work of the Sarajevo Information centre:

1.10.1. Changes to the mandate of the Sarajevo Information Centre

1.10.2. Relocation of headquarters  of the Sarajevo Information Centre

1.10.3.  External  action of the Sarajevo  Information  Centre, including,  but not limited to, the activities stated under Article 1.4 above; and

1.10.4. Preparation and submission of proposals for collecting funds to potential  donors.

1.11.  The  Council  can, if deemed  appropriate,  consult  the Advisory  Committee  on any other issues.

Financing

1.12.         All administrative  costs of the  Sarajevo Information Centre,  including the costs of equipment  and personnel,  shall be covered by voluntary contributions  from donors in the initial period of five (5) years (hereinaftereferred to as Initial Period”).  Upon expiry of the Initial Period, the City of Sarajevo shall take over the responsibility  for financing the Sarajevo InformatioCentre and all of its activities.  The Initial Period can be extended by written agreement of the Parties.

2          OBLIGATIONS OF THE CITY OF SARAJEVO

2.1. Within  six  (6) months  from  the effective date  of this MOU,  as defined  iArticle  9.1 below, the following requirements shall be completed:

2.1.1.  Prior to commencement  of operation of the Sarajevo Information Centre, the City of Sarajevo  shall implement all the  changes to the general acts  and be granted all necessary permits from the Sarajevo City Council;

2.1.2.  The City of  Sarajevo shall allocate  necessary space to the Sarajevo Information Centre in the Sarajevo City Hall;

2.1.3.  A bank  account number  in Bosnia and Herzegovina  in the name of the City of Sarajevo shall be set up by the City of Sarajevo with the aim to collect funds for the establishment of the Sarajevo Information Centre.

2.2. The City of Sarajevo shall, with Advisory Committee’s assistance,  actively seek external funding for the Information Centre, identifying and approaching potential donors.

2.3. The  City of Sarajevo  shall  enter into  contribution agreements  with  selected donors,  to secure the necessary funds for the establishment and operation of the Sarajevo Information Centre.  ICTY shall not be a party to these agreements.

3          OBLIGATIONS  OF THE ICTY

3.1. The ICTY shall establish the Advisory Committee and appoint its representatives.

3.2.  ICTY will, through the Advisory Committee, and to the extent possible, provide support to the City of Sarajevo in approaching potential donors for purposes  of securing funds for the establishment  of the Sarajevo Information Centre. The ICTY shall not be responsible  for providing funds or administering funds for the Sarajevo Information Centre.

3.3. Through the Advisory Committee,  the ICTY shall provide support to the City of Sarajevo in  planning   and implementing   external action of  the Sarajevo Information Centre, including, but not limited to, the activities stated under article 1.4 above.

3.4. The  ICTY shall provide  the City of Sarajevo with  a direct and secure access to publicly available records and archival material contained in its databases upon the establishment of the Information Centre Sarajevo and as soon as there are sufficient funds for procuring the necessary equipment . . . .


Amendment 1
to
MEMORANDUM OF UNDERSTANDING
between
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
and
THE CITY OF SARAJEVO

for the development of the Sarajevo Information Centre

This Amendment (“Amendment 1”) effective as of the date of the last signature, is entered into by and between the International Residual Mechanism for Criminal Tribunals, an international intergovernmental organisation and a legal successor to the International Criminal Tribunal for the former Yugoslavia (“ICTY”), having its Headquarters located at Churchillplein 1, 2517JW The Hague, Netherlands (“Mechanism”), and the City of Sarajevo, Hamdije Kregevljakoviea 3, 71 000 Sarajevo, Bosnia and Herzegovina (“City of Sarajevo”), and modifies and amends the existing Memorandum of Understanding by and between the ICTY and the City of Sarajevo. The Mechanism and the City of Sarajevo are collectively referred to herein as the “Parties” and each individually as a “Party”.

WHEREAS, the ICTY and the City of Sarajevo entered into a Memorandum of Understanding for the development of the Sarajevo Information Centre dated 29 November 2016 (“MOU”);

WHEREAS, pursuant to Resolution 1966 (2010), the United Nations Security Council established the Mechanism, a legal successor to the ICTY and the International Criminal Tribunal for Rwanda, with branches located in The Hague (The Netherlands) and in Arusha (United Republic of Tanzania);

WHEREAS, the ICTY’ s mandate came to its end on 31 December 2017; WHEREAS, the Mechanism and the City of Sarajevo now wish to amend the MOU,

NOW, THEREFORE, in consideration of the mutual covenants and agreement provided for, the Parties hereto agree as follows:

  1. The following shall be added to Article 6.2 of the MOU:

“As of 1 January 2018:

To the United Nations International Residual Mechanism for Criminal Tribunals Attention:

Nenad Gol6evski, External Relations Officer

Churchillplein 1

2517 JW, The Hague

The Netherlands

 

With a copy to:

Kevin Prendergast, Personal Assistant to the Registrar Churchillplein 1

2517 JW, The Hague

The Netherlands

 

To the City of Sarajevo:

Attention: Mayor Abdulah Skaka Hamdije Kregevljakoviea 3,

71 000 Sarajevo,

Bosnia and Herzegovina”

  1. A new Article 9.1.1 shall be added to Section 9 of the MOU and shall read as follows:

“9.1.1 Subsequent to the closure of the ICTY on 31 December 2017, all of the ICTY’ s rights and obligations under this MOU shall be assumed by the United Nations International Residual Mechanism for Criminal Tribunals (“Mechanism”), as of 1 January 2018. Following the succession, the MOU shall remain in force for the duration of the Mechanism’s mandate, unless earlier terminated in accordance with the terms of this MOU.”

  1. This Amendment No. 1 represents the entire understanding of the Parties concerning the subject matter hereof and supersedes all prior representations, contracts and proposals, whether written or oral, by and between the Parties with regard to same.

IN WITNESS WHEREOF, the Mechanism and the City of Sarajevo have, through their authorized representatives, subscribed to this Amendment No. 1 on the date herein below written.

Done at the City of Sarajevo and at The Hague in two originals in the English language.

For and on behalf of the City of Sarajevo,

Abdulah Skaka, Mayor of Sarajevo 

For and on behalf of the United Nations International Residual Mechanism for Criminal Tribunals, 

Olufemi Elias, Registrar 

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