Security Council Extends Judges’ Terms at International Criminal Tribunals for the Former Yugoslavia, Rwanda until 31 December 2015

SC/11713
18 December 2014
7348th Meeting (PM)

Security Council Extends Judges’ Terms at International Criminal Tribunals for the Former Yugoslavia, Rwanda until 31 December 2015

In two separate resolutions this afternoon, the Security Council decided to extend the term of office of judges of the International Tribunals handling serious crimes committed in the former Yugoslavia and Rwanda in the early 1990s, while requesting both courts to complete their work as expeditiously as possible.

By a vote of 14 votes in favour with 1 abstention (Russian Federation), the Council adopted resolution 2193 (2014), which extended the following permanent judges of the International Tribunal for the Former Yugoslavia, who are members of the Trial Chambers and the Appeals Chamber, until 31 December 2015, or until the completion of the case which they were assigned, if sooner:  Koffi Kumelio A. Afande (Togo), Carmel Agius (Malta), Liu Daqun (China), Theodor Meron (United States), Fausto Pocar (Italy), Jean-Claude Antonetti (France), O-Gon Kwon (Republic of Korea), Burton Hall (Bahamas), Howard Morrison (United Kingdom), Guy Delvoie (Belgium), Christoph Flügge (Germany), Alphons Orie (Netherlands), Bakone Justice Moloto (South Africa), Melville Baird (Trinidad and Tobago), Flavia Lattanzi (Italy), and Antoine Kesia-Mbe Mindua (Democratic Republic of the Congo).

Following the adoption, the representative of the Russian Federation said he was extremely disappointed that the Tribunal had not finished its work within the timeframe set by previous resolutions.  It was unacceptable that a body of international justice ignored the demands of the Security Council.  The reasons that had been provided did not explain the need for more time; there was also inefficient planning and inequitable distribution of work.  He had advocated hiring outside assistance to enable the timely completion of work but that advice had been ignored.  As a result, the Russian Federation was again abstaining.

Acting on the International Tribunal for Rwanda through the unanimous adoption of resolution 2194 (2014), the Council decided to extend the terms of office of Mehmet Guney of Turkey and William H. Sekule of the United Republic of Tanzania, members of the Appeals Court and permanent judges of the International Tribunal for Rwanda, until 31 July 2015 or until the completion of the cases to which they are or would be assigned, if sooner.

Also by the resolution, the Council decided to extend the terms of the following permanent justices of the Tribunal who are members of the Appeals Chamber until 31 December 2015 or until completion of their cases:  Mandiaye Niang of Senegal, Khalida Rachid Khan of Pakistan, Arlette Ramaroson of Madagascar and Bakhtiyar Tuzmukhamedov of the Russian Federation.

By other terms, the Council decided to extend the term of office of Vagn Joensen, of Denmark, until 31 December 2015, so he could continue to perform his functions as a trial judge and President of the International Tribunal.  It also decided to reappoint Hassan Bubacar Jallow as Prosecutor of the International Tribunal with effect from 1 January 2015 to 31 December 2015, a term subject to earlier termination upon the Tribunal’s completion of work.

The meeting began at 3:15 p.m. and ended at 3:17 p.m.

Resolutions

The full text of resolution 2193 (2014) reads as follows:

The Security Council,

Reaffirming its determination to combat impunity for all those responsible for serious international crimes and the necessity of all persons indicted by the International Tribunal for the former Yugoslavia (“the International Tribunal”) being brought to justice,

Taking note of the letters to the President of the Council from the Secretary-General dated 31 October 2014 (S/2014/780) and 3 December 2014 (S/2014/865) attaching letters from the President of the International Tribunal dated 1 October 2014 and 25 November 2014,

Recalling its resolution 827 (1993) of 25 May 1993, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, and in particular, 1966 (2010) of 22 December 2010, which inter alia established the International Residual Mechanism for Criminal Tribunals (“the Mechanism”),

Taking into account the assessments by the International Tribunal in its Completion Strategy Report (S/2014/827), and the updated trial and appeals schedule,

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

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,

Further recalling its resolution 2007 (2011) adopted on 14 September 2011,

Having regard to Article 16 of the Statute of the International Tribunal,

Having considered the nomination by the Secretary-General to reappoint Mr. Serge Brammertz as Prosecutor of the International Tribunal (S/2014/781),

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

“1.   Requests the International Tribunal to complete its work and facilitate the closure of the Tribunal as expeditiously as possible with the aim of completing the transition to the Mechanism, and expresses its continued concern over delays in the conclusion of the Tribunal’s work, in light of resolution 1966 (2010), which requested the Tribunal to complete its trial and appeals proceedings by 31 December 2014;

“2.   Underlines that States should cooperate fully with the International Tribunal, as well as with the Mechanism;

“3.   Decides to extend the term of office of the following permanent judge at the International Tribunal, who is a member of the Appeals Chamber, until 31 July 2015 or until the completion of the cases to which he is assigned, if sooner:

Patrick Robinson (Jamaica)

“4.   Decides to extend the term of office of the following permanent and ad litem judges at the International Tribunal, who are members of the Trial Chambers and the Appeals Chamber, until 31 December 2015 or until the completion of the cases to which they are assigned, if sooner:

Koffi Kumelio A. Afande (Togo)

Carmel Agius (Malta)

Liu Daqun (China)

Theodor Meron (United States of America)

Fausto Pocar (Italy)

Jean-Claude Antonetti (France)

O-Gon Kwon (Republic of Korea)

Burton Hall (The Bahamas)

Howard Morrison (United Kingdom)

Guy Delvoie (Belgium)

Christoph Flügge (Germany)

Alphons Orie (The Netherlands)

Bakone Justice Moloto (South Africa)

Melville Baird (Trinidad and Tobago)

Flavia Lattanzi (Italy)

Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)

“5.   Decides to reappoint Mr. Serge Brammertz as Prosecutor of the International Tribunal, notwithstanding the provisions of Article 16, paragraph 4, of the Statute of the International Tribunal related to the length of office of the Prosecutor, for a term with effect from 1 January 2015 until 31 December 2015, which is subject to an earlier termination by the Security Council upon the completion of the work of the International Tribunal;

“6.   Urges the Tribunal, in light of resolution 1966 (2010), to redouble its efforts to review its projected case completion dates with a view towards shortening them as appropriate;

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

The full text of resolution 2194 (2014) reads as follows:

The Security Council,

Reaffirming its determination to combat impunity for all those responsible for serious international crimes and the necessity of all persons indicted by the International Criminal Tribunal for Rwanda (“the International Tribunal”) being brought to justice,

Taking note of the letter to the President of the Council from the Secretary-General dated 31 October 2014 (S/2014/779) attaching a letter from the President of the International Tribunal dated 1 October 2014,

Recalling its resolution 955 (1994) of 8 November 1994, 1503 (2003) of 28 August 2003, 1534 (2004) of 26 March 2004, and, in particular, 1966 (2010) of 22 December 2010, which inter alia established the International Residual Mechanism for Criminal Tribunals (“the Mechanism”),

Taking into account the assessments by the International Tribunal in its Completion Strategy Report (S/2014/829), and the updated appeal schedule,

Noting that the year 2014 marked the twentieth anniversary of the International Tribunal, established on 8 November 1994,

Noting the referral of cases of Laurent Bucyibaruta, Wenceslas Munyeshyaka, Jean Uwinkindi and Bernard Munyagishari to national jurisdictions, pursuant to Rule 11 bis of the Rules of Procedure and Evidence of the International Tribunal, and emphasizing the importance of continuing monitoring progress in referred cases, as well as the goal of achieving the completion of all ICTR and referred cases at the earliest possible time,

Noting with concern that many genocide suspects continue to elude justice, including the remaining nine fugitives indicated by the International Tribunal,

Further noting with concern that the International Tribunal continues to face problems in the relocation of acquitted persons and convicted persons who have completed serving their sentences, emphasizing the importance of the successful relocation of such persons, and, also noting the assumption of responsibility of the Mechanism for such persons from 1 January 2015,

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

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 Chamber and the Appeals Chamber,

Further recalling its resolution 2006 (2011) adopted on 14 September 2011,

Having regard to Article 15 of the Statute of the International Tribunal,

Having considered the nomination by the Secretary-General to reappoint Mr. Hassan Bubacar Jallow as Prosecutor of the International Tribunal (S/2014/778),

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

“1.   Requests the International Tribunal to complete its work and facilitate the closure of the Tribunal as expeditiously as possible with the aim of completing the transition to the Mechanism, taking into account resolution 1966 (2010), which requested the Tribunal to complete its trial and appeals proceedings by 31 December 2014;

“2.   Underlines that States should cooperate fully with the International Tribunal as well as with the Mechanism;

“3.   Commends States that have accepted the relocation of acquitted persons or convicted persons who have completed serving their sentences to their territories, and reiterates its call upon all States to cooperate with and render all necessary assistance to the International Tribunal and, from 1 January 2015, the Mechanism, for increased efforts towards the relocation of acquitted persons and convicted persons who have completed serving their sentences;

“4.   Urges all States, especially States where fugitives are suspected to be at large, to intensify their cooperation with and render all necessary assistance to the International Tribunal and the Mechanism, in particular to achieve the arrest and surrender of all remaining fugitives indicted by the International Tribunal as soon as possible;

“5.   Urges the Mechanism to continue monitoring cases of Laurent Bucyibaruta, Wenceslas Munyeshyaka, Jean Uwinkindi and Bernard Munyagishari, which were referred to national jurisdictions;

“6.   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 July 2015 or until the completion of the cases to which they are or will be assigned, if sooner:

Mehmet Güney (Turkey)

William H. Sekule (United Republic of Tanzania)

“7.   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 2015 or until the completion of the cases to which they are or will be assigned, if sooner:

Mandiaye Niang (Senegal)

Khalida Rachid Khan (Pakistan)

Arlette Ramaroson (Madagascar)

Bakhtiyar Tuzmukhamedov (Russian Federation)

“8.   Decides, bearing in mind the expiry of his term of office on 31 December 2014, to extend the term of office of Judge Vagn Joensen (Denmark) until 31 December 2015 so that he may continue to perform the functions required of him as trial judge and President of the International Tribunal, to complete the work of the Tribunal;

“9.   Decides to reappoint Mr. Hassan Bubacar Jallow as Prosecutor of the International Tribunal, notwithstanding the provisions of Article 15, paragraph 4, of the Statute of the International Tribunal related to the length of office of the Prosecutor, for a term with effect from 1 January 2015 until 31 December 2015, which is subject to an earlier termination by the Security Council upon the completion of the work of the International Tribunal;

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

For information media. Not an official record.