Adopting Resolution 2269 (2016), Security Council Appoints Serge Brammertz Prosecutor of International Residual Mechanisms for Criminal Tribunals

Text Passed by 11 Votes in Favour with 4 Abstentions, as Members Voice Objections

The Security Council today decided to appoint Serge Brammertz as Prosecutor of the International Residual Mechanisms for Criminal Tribunals for a term beginning on 1 March 2016 and ending on 30 June 2018.

Adopting resolution 2269 (2016) by 11 votes in favour to none against, with 4 abstentions (Angola, Egypt, Senegal, Russian Federation), the Council also decided that the Prosecutor, judges and Registrar of the Residual Mechanism might be appointed or reappointed for two-year terms.

Speaking before the vote, Egypt’s representative said his delegation would abstain for two reasons — the lack of equal geographical distribution, and the Secretariat’s unjustified delay in submitting the candidate’s name.  Echoing that sentiment were the representatives of Senegal and Angola, who stressed that the Residual Mechanisms would be exclusively led by the Group of Western European and Other States.

The Russian Federation’s representative, speaking after the vote, decried the Council’s attempt to find a pretext for justifying the delays, pointing out that, since the adoption of resolution 1966 (2010), there had never been any consideration of agenda items without the Council being informed of delays.

China’s representative said his delegation had voted in favour of the resolution and supported the principle of continuity.  However, prosecutors must carry out their duties in an effective manner and win the international community’s confidence, he stressed.

The meeting began at 3:08 p.m. and ended at 3:30 p.m.

Resolution

The full text of resolution 2269 (2016) reads as follows:

“The Security Council,

“Recalling its resolution 1966 (2010) adopted on 22 December 2010 and resolution 2256 (2015) adopted on 22 December 2015,

“Recalling its decision in resolution 2038 (2012) adopted on 29 February 2012 appointing the Prosecutor of the International Residual Mechanism for Criminal Tribunals (‘the Mechanism’) with effect from 1 March 2012 for a term of four years,

“Having regard to Article 14, paragraph 4 of the Statute of the Mechanism, Annex 1 to resolution 1966 (2010),

“Having considered the nomination by the Secretary-General to appoint Mr. Serge Brammertz as Prosecutor of the Mechanism (S/2016/193),

“Noting that, according to Article 7, paragraph (a) of the Transitional Arrangements, Annex 2 to resolution 1966 (2010), the Prosecutor of the Mechanism may also hold the office of Prosecutor of the International Tribunal for the former Yugoslavia,

“Recalling its decision by resolution 1966 (2010) that the Mechanism shall operate for an initial period of four years from the first commencement date referred to in paragraph 1 of the resolution, and to review the progress of the work of the Mechanism, including in completing its functions, before the end of this initial period and every two years thereafter, and that the Mechanism shall continue to operate for subsequent periods of two years following each such review, unless the Security Council decides otherwise,

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

“1.   Decides to appoint Mr. Serge Brammertz as Prosecutor of the International Residual Mechanism for Criminal Tribunals with effect from 1 March 2016 until 30 June 2018, and that, thereafter, the Prosecutor of the Mechanism may be appointed or reappointed for a two-year term, notwithstanding Article 14, paragraph 4 of the Statute of the Mechanism;

“2.   Decides that, notwithstanding Article 10, paragraph 3 of the Statute of the Mechanism, the judges of the Mechanism may be appointed or reappointed for a two-year term;

“3.   Decides that, notwithstanding Article 15, paragraph 3 of the Statute of the Mechanism, the Registrar of the Mechanism may be appointed or reappointed for a two-year term;

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