APCET 5 Resolution on the UN Tribunal

The Fifth Asia-Pacific conference on East Timor (APCET 5) held in Dili, Timor Leste, resolves that the effective prosecution of the crimes against the people of the East Timor must be ensured through the creation of an appropriate tribunal of the United Nations. APCET 5 also enjoins the office of the Secretary General of the United Nations to take all necessary actions to ensure the expeditious establishment of this tribunal.

WHEREAS

The 5th Asia Pacific Conference on East Timor convened on 17 – 19th May 2004 at Dili ,and attended by representatives of various civil society organizations,

Recalling the military invasion of East Timor by Indonesian military forces from 7 December 1975, as a consequence of which atrocities on the civilian population and destruction of private and public property were committed by the invading armed forces;

Having in mind the terrible human cost in the wake of this aggression, including the reported disappearance of about 200,000 East Timorese during the period 1975 – 1979;

Seriously concerned with the commission of war crimes, genocide and crimes against humanity by the military occupants against the E Timorese civilian population as evidenced in Massacre at the Port of Dili in 1975, the Kraras Massacre in 1983, the Santa Cruz massacre in 1991 and the massacre in Liquica-Suai in 1999

Taking note of the fact that the military invasion of East Timor by the Indonesian armed forces and the crimes thereby committed are well within the knowledge of the United Nations as confirmed by a series of General Assembly and Security Council resolutions

Concerned with the failure of the Indonesian judicial system to prosecute and punish the senior-most military and political officials responsible for these crimes against humanity in particular President Soeharto, General Benny Moerdani, General Prabowo Subianto and General Wiranto

Noting also that the judicial institutions of the Democratic Republic of East Timor are unable to prosecute and punish these abovementioned persons as evident in the fact that government has said it is unable to execute a warrant of arrest issued on … by the Dili District Court against General Wiranto

Aware that these crimes have once again been characterized as “the most serious crimes of concern for the international community “in the Rome Statute;

Aware that those perpetrators of these crimes are still enjoying immunity;

Having received a renewed call for justice from the surviving victims of these crimes and their families presented in the form of a draft indictment and having endorsed the same;

Conscious of our duty to ensure that these crimes must not go unpunished;

NOW IT IS HEREBY RESOLVED

  1. That the effective prosecution of these crimes against the people of the East Timor, shocking to the conscience of the international community, must now be ensured through the creation of an appropriate tribunal of the United Nations;
  2. That this Conference enjoins the office of the Secretary General of the United Nations to take all necessary actions to ensure the expeditious establishment of this tribunal.

Adopted by APCET 5
Instituto Reformacao Continua de Profesores
Dili, Timor Leste
19 May 2004

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