16 December 2009
Security Council
SC/9818

Department of Public Information • News and Media Division • New York

Security Council

6242nd Meeting (AM)


Security Council Allows Judges of International Criminal Tribunal


for Former Yugoslavia Additional Time to Complete Cases


Urging the International Criminal Tribunal for the Former Yugoslavia to take all possible measures to complete its work, the Security Council today allowed several judges to serve beyond the expiry of their term of office to enable them to complete work on cases in which they were involved.


Unanimously adopting resolution 1900 (2009) under Chapter VII of the United Nations Charter, the Council decided that Judges Kimberley Prost (Canada) and Ole Bjørn Støle (Norway), whose terms were to expire on 31 December, could complete the Popović case, scheduled for completion by the end of March 2010.  The Council also decided that the total number of ad litem judges serving on the Tribunal might temporarily exceed the maximum of 12 provided for to a maximum of 13 at any one time, returning to a maximum of 12 by 31 March 2010.


Established in 1993, the International Criminal Tribunal for the Former Yugoslavia is a United Nations court of law dealing with war crimes that took place during the conflicts of the early 1990s, which followed the break-up of the Socialist Federal Republic of Yugoslavia.


On 3 December, the Council heard briefings by Judge Patrick Robinson, the Tribunal’s President, and Serge Brammertz, Chief Prosecutor.  (For details, see Press Release SC/9801.)


The meeting began at 10:26 a.m. and ended at 10:28 a.m.


Resolution


The full text of resolution 1900 (2009) reads, as follows:


The Security Council,


Taking note of the letter to the President of the Council from the Secretary-General dated 28 October 2009 (S/2009/570), attaching the letter from the President of the International Tribunal for the Former Yugoslavia (“the International Tribunal”) dated 29 September 2009,


Recalling its resolutions 827 (1993) of 25 May 1993, 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613 (2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006, 1668 (2006) of 10 April 2006, 1800 (2008) of 20 February 2008, 1837 (2008) of 29 September 2008, 1849 (2008) of 12 December 2008, and 1877 (2009) of 7 July 2009,


Recalling in particular its resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, in which the Security Council calls on the International Tribunal to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010,


Taking note of the assessment by the International Tribunal in its Completion Strategy Report (S/2009/589) that the Tribunal will not be in a position to complete all its work in 2010,


Recalling that in resolution 1877 (2009) the Security Council extended the term of office of permanent judges and ad litem judges until 31 December 2010, or until the completion of the cases to which they are assigned, if sooner; and decided to review the extension of the term of office of the permanent judges at the International Tribunal, who are members of the Appeals Chamber, by 31 December 2009, in light of the progress of the International Tribunal in the implementation of the Completion Strategy,


Convinced of the advisability of allowing the total number of ad litem judges serving at the International Tribunal to temporarily exceed the maximum of twelve provided for in article 12, paragraph 1, of the Statute of the International Tribunal,


Urging the International Tribunal to take all possible measures to complete its work expeditiously,


Acting under Chapter VII of the Charter of the United Nations,


“1.   Underlines its intention to extend, by 30 June 2010, the terms of office of all trial judges at the International Tribunal based on the Tribunal’s projected trial schedule and the terms of office of all appeals judges until 31 December 2012, or until the completion of the cases to which they are assigned if sooner, and requests the President of the International Tribunal to submit to the Council an updated trial and appeals schedule, including information on the judges whose extension of the terms of office or redeployment to the Appeals Chamber will be sought;


“2.   Decides that, notwithstanding the expiry of their terms of office on 31 December 2009, Judges Kimberley Prost (Canada) and Ole Bjørn Støle (Norway) complete the Popović case which they began before the expiry of their terms of office; and takes note of the intention of the International Tribunal to complete the case before the end of March 2010;


“3.   Decides in this regard that the total number of ad litem judges serving at the International Tribunal may temporarily exceed the maximum of twelve provided for in article 12, paragraph 1, of the Statute of the International Tribunal, to a maximum of thirteen at any one time, returning to a maximum of twelve by 31 March 2010;


“4.   Decides to allow ad litem Judges Prost and Støle to serve at the International Tribunal beyond the cumulative period of service provided for under article 13 ter, paragraph 2, of the Statute of the International Tribunal;


“5.   Decides to remain seized of the matter.”


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For information media • not an official record