Security Council

6446^th Meeting (AM)

Security Council Allows Criminal Tribunal for Former Yugoslavia Judges to Serve

 

beyond Term of Office to Complete Cases, Adopting Resolution 1954 (2010)

 

Urging the International Criminal Tribunal for the Former Yugoslavia to take all possible measures to complete its work, the Security Council today allowed two 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 1954 (2010) under Chapter VII of the United Nations Charter, the Council decided that Judge Kevin Parker could complete the Đorđević case, scheduled to be concluded by the end of February 2011.  Judge Ldis Kinis was authorized to complete the Gotovina et al. case, scheduled for completion by the end of March 2011.

Reiterating the importance of adequate staffing of the Tribunal in order to enable it to complete its work expeditiously, the Council called upon the Secretariat and other relevant bodies to continue to work with the Tribunal’s Registrar to find practicable solutions to the problem and upon the Tribunal to renew its efforts to focus on its core functions.

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 6 December, the Council heard briefings by Judge Patrick Robinson, the Tribunal’s President, and Serge Brammertz, Chief Prosecutor.  (For details, see Press Release SC/10101.)

The meeting began at 10:32 a.m. and ended at 10:34 a.m.

Resolution

The full text of resolution 1954 (2010) reads as follows:

“The Security Council,

“Taking note of the letter to the President of the Council from the Secretary-General dated 23 November 2010 (S/2010/599), attaching the letter from the President of the International Tribunal for the former Yugoslavia (“the International Tribunal”) dated 9 November 2010,

“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, 1877 (2009) of 7 July 2009, 1900 (2009) of 16 December 2009, and 1931 (2010) of 29 June 2010,

“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/2010/588) that the Tribunal will not be in a position to complete all its work in 2010,

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

“Noting the concerns expressed by the President of the International Tribunal about the loss of experienced staff, 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.   Decides that, notwithstanding the expiry of his term of office on 31 December 2010, Judge Kevin Parker is authorized to complete the Đorđević case, which he began before the expiry of his term of office; and takes note of the intention of the International Tribunal to complete the case by the end of February 2011;

“2.   Decides that, notwithstanding the expiry of his term of office on 31 December 2010, Judge Uldis Kinis is authorized to complete the Gotovina et al. case which he began before the expiry of his term of office; and takes note of the intention of the International Tribunal to complete the case by the end of March 2011;

“3.   Decides to allow Judge Kinis 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;

“4.   Reiterates the importance of the International Tribunal being adequately staffed to complete its work expeditiously and calls upon the Secretariat and other relevant United Nations bodies to continue to work with the Registrar of the International Tribunal in order to find practicable solutions to address this issue as the International Tribunal approaches the completion of its work, and at the same time calls upon the International Tribunal to renew its efforts to focus on its core functions;

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

* *** *

For information media • not an official record