17 December 2012
Security Council
SC/10858

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

Security Council

6889th Meeting (PM)


Security Council Extends Tenure in Office for 21 Judges of International

 

Criminal Tribunal for Former Yugoslavia

 


Resolution 2081 (2012) Adopted by 14-0-1 as Russian Federation Abstains


The Security Council decided today to extend the terms of office of 21 judges of the International Criminal Tribunal for the Former Yugoslavia, established in the wake of the Balkans conflicts in the 1990s.


It adopted resolution 2081 (2012) by a vote of 14 in favour to none against, with 1 abstention (Russian Federation,) less than two weeks after the Presidents of that Tribunal and the International Criminal Tribunal for Rwanda briefed the Council, suggesting term extensions to allow judges to complete all cases before them (see Press Release SC/10846.).  Their terms were extended through next year, or until the completion of their cases, if sooner.


By terms of the resolution, the Council extended the terms of Appeals Chamber Judges Carmel Agius ( Malta), Liu Daqun ( China), Theodor Meron ( United States), Fausto Pocar ( Italy) and Patrick Robinson ( Jamaica) until 31 December 2013.  It also extended the terms of permanent Trial Chambers Judges Jean-Claude Antonetti (France), Guy Delvoie (Belgium), Burton Hall (Bahamas), Christoph Flugge (Germany), O-Gon Kwon (Republic of Korea), Bakone Justice Moloto (South Africa), Howard Morrison (United Kingdom) and Alphons Orie (Netherlands) until 31 December 2013.


The Council likewise extended the terms of ad litem Trial Chamber Judges Elizabeth Gwaunza (Zimbabwe), Michčle Picard (France), Árpád Prandler (Hungary) and Stefan Trechsel (Switzerland) until 1 June 2013, and those of Antoine Kesia-Mbe Mindua (Democratic Republic of the Congo), Flavia Lattanzi (Italy), Melville Baird (Trinidad and Tobago) and Frederik Harhoff (Denmark) until 31 December 2013.


Also by the text, the Council recognized concerns expressed that the current trial and appeal schedules would extend beyond the closure date, 31 December 2014, and requested a comprehensive plan on the Tribunal’s completion strategy, closure and transition to the Residual Mechanism for Criminal Tribunals as well as updated schedules for individual cases.  It also underlined that States should cooperate fully with the Tribunal, including by providing information to it and to the Residual Mechanism.


Speaking after the vote, the Russian Federation’s representative explained that his country had abstained from the vote because the Tribunal’s work was affected by serious systemic problems with which the Council was not dealing.  In addition, trial delays and the Tribunal’s inability to fulfil its mandate were too costly, leading to a tougher financial burden on United Nations Member States, he said, noting that efforts to enhance efficiency had resulted in the opposite effect.  Urgent measures were needed to rectify the matter, he stressed, noting that his delegation’s suggestions, including on efficiency-enhancing strategies, had not been positively received by other Council members.


The representative of the United Kingdom expressed regret that consensus had not been possible.  The resolution would play an essential role in the fight against impunity.  Commending the Tribunal’s creative approaches to challenges, including staffing issues, he emphasized that only two trials were scheduled to go beyond the target date of 31 December 2014.


Also welcoming the resolution’s adoption, the representative of the United States reiterated his country’s support for efforts to improve the Tribunal’s efficiency and move towards transition to the Residual Mechanism.


The meeting began at 3:13 p.m. and ended at 3:24 p.m.


Resolution


The full text of resolution 2081 (2012) reads as follows:


The Security Council,


Taking note of the letter to the President of the Council from the Secretary-General dated 14 November 2012 (S/2012/845) attaching a letter from the President of the International Tribunal for the former Yugoslavia (“the International Tribunal”) dated 29 October 2012,


“Recalling its resolution 827 (1993) of 25 May 1993, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, and its previous resolutions concerning the International Tribunal,


Recalling also its resolution 1966 (2010) of 22 December 2010, establishing the International Residual Mechanism for Criminal Tribunals (“the Mechanism”) and requesting the International Tribunal to take all possible measures to expeditiously complete all its remaining work no later than 31 December 2014, prepare its closure and ensure a smooth transition to the Mechanism,


Recalling also its previous resolutions on the extension of the terms of office of the permanent and ad litem judges at the International Tribunal, who are members of the Trial Chambers and the Appeals Chamber,


Recalling further that the branch of the Mechanism for the International Tribunal for the former Yugoslavia shall commence functioning on 1 July 2013 and welcoming the preparatory steps that have been taken in this regard,


Taking into account the assessments by the International Tribunal in its Completion Strategy Report (S/2012/847), and the updated trial and appeals schedule,


Noting the concerns expressed by the President of the International Tribunal about staffing, and reaffirming that staff retention is essential for the timely completion of the International Tribunal’s work,


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


“1.   Requests the ICTY to take all possible measures to complete its work as expeditiously as possible with the aim to facilitate the closure of the Tribunal, taking into account resolution 1966 (2010) which requested the International Tribunal to complete its trial and appeals proceedings by 31 December 2014, and recognizes that concerns have been expressed that its current trial and appeal schedules go beyond 31 December 2014;


“2.   Requests the International Tribunal to present by 15 April 2013 a consolidated comprehensive plan on the completion strategy, closure and transition to the Mechanism, as recommended by the Board of Auditors, and updated and detailed schedules for each of the individual cases with a timeline for each procedural part of the case;


“3.   Decides to examine the consolidated comprehensive plan referred to in paragraph 2 of this resolution before 30 June 2013 with a view to considering what further recommendations should be made to facilitate the International Tribunal's progress toward completion, closure and transition to the Mechanism as soon as possible as requested in resolution 1966 (2010), which could include recommendations on all possible measures to scrutinize the operation and functioning of the Tribunal with the objective of ensuring the most efficient use of the Tribunal’s resources and the completion of the Tribunal’s mandate;


“4.   Underlines that States should cooperate fully with the International Tribunal, including through the provision of information to assist the Tribunal in its work, as well as with the Mechanism;


“5.   Decides to extend the term of office of the following permanent judges at the International Tribunal, who are members of the Appeals Chamber, until 31 December 2013 or until the completion of the cases to which they are assigned, if sooner:


Carmel Agius (Malta)
Liu Daqun (China)
Theodor Meron (United States of America)
Fausto Pocar (Italy)
Patrick Robinson (Jamaica)


“6.   Decides to extend the term of office of the following permanent judges at the International Tribunal, who are members of the Trial Chambers, until 31 December 2013 or until the completion of the cases to which they are assigned, if sooner:


Jean-Claude Antonetti (France)
Guy Delvoie (Belgium)
Burton Hall (The Bahamas)
Christoph Flügge (Germany)
O-Gon Kwon (South Korea)
Bakone Justice Moloto (South Africa)
Howard Morrison (United Kingdom)
Alphons Orie (The Netherlands)


“7.   Decides to extend the term of office of the following ad litem judges at the International Tribunal, who are members of the Trial Chambers, until 1 June 2013 or until the completion of the cases to which they are assigned, if sooner:


Elizabeth Gwaunza (Zimbabwe)
Michčle Picard (France)
Árpád Prandler (Hungary)
Stefan Trechsel (Switzerland)


“8.   Decides to extend the term of office of ad litem Judge Frederik Harhoff (Denmark), who is a member of the Trial Chambers, until 31 December 2013 or until the completion of the cases to which he is assigned, if sooner;


“9.   Decides to extend the term of office of the following ad litem judges at the International Tribunal, who are members of the Trial Chambers, until 31 December 2013 or until the completion of the cases to which they are assigned, if sooner:


Melville Baird (Trinidad and Tobago)
Flavia Lattanzi (Italy)
Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)


10.   Decides to remain seized of the matter.”


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