Security Council

6447^th Meeting (AM)

Security Council Allows Judges for Rwanda Criminal Tribunal to Complete Cases,

Temporarily Increases Number of Ad Litem Judges, by Resolution 1955 (2010)

 

The Security Council, while urging the International Criminal Tribunal for Rwanda to take all possible measures to complete its work expeditiously, today allowed three of its judges to serve beyond the expiry of their term of office so they could complete work on cases in which they were involved.

Unanimously adopting resolution 1955 (2010) under Chapter VII of the United Nations Charter, the Council decided that Judge Joseph Asoka de Silva and Judge Taghrid Hikmet could complete the Ndindiliyimana et al. case, scheduled to wrap up by March 2011.  It also decided that Judge Joseph Masanche could complete that Hategekimana case, scheduled to be concluded by the end of January 2011.

The Council further decided that the total number of ad litem judges serving on the Tribunal might, from time to time, temporarily exceed the maximum of 9 provided to a maximum of 12, returning to a maximum of 9 by 31 December 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 called upon the Tribunal to renew its efforts to focus on its core functions.

Established under resolution 955 (1994), the International Criminal Tribunal for Rwanda was created for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994.  It may also deal with the prosecution of Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighbouring States during the same period.

Judge Dennis Byron, the Tribunal’s President, and Prosecutor Hassan Bubacar Jallow briefed the Council on 6 December.  (For details, see Press Release SC/10101.).

The meeting began at 10:34 a.m. and ended at 10:36 a.m.

Resolution

The full text of resolution 1955 (2010) reads as follows:

“The Security Council,

“Taking note of the letters to the President of the Council from the Secretary-General dated 13 October 2010 (S/2010/513) and 23 November 2010 (S/2010/598), attaching letters from the President of the International Criminal Tribunal for Rwanda (“the International Tribunal”) dated 20 and 23 September 2010, and 12 November 2010, respectively,

“Recalling its resolutions 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, 1717 (2006) of 13 October 2006, 1824 (2008) of 18 July 2008, 1855 (2008) of 19 December 2008, 1878 (2009) of 7 July 2009, 1901 (2009) of 16 December 2009, and 1932 (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 called 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/2010/574) that the Tribunal will not be in a position to complete all its work in 2010,

“Noting that four permanent judges will be redeployed to the Appeals Chamber and that one permanent judge will leave the International Tribunal upon the completion of the cases to which they are assigned,

“Convinced of the advisability of extending the authorization granted to the Secretary-General in resolution 1901 (2009) to appoint additional ad litem judges to the nine ad litem judges authorized by the Statute of the International Tribunal, as a temporary measure to enable the International Tribunal to complete trials and conduct additional trials as soon as possible in order to meet the goals of the Completion Strategy,

“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 their term of office on 31 December 2010, Judge Joseph Asoka de Silva and Judge Taghrid Hikmet are authorized to complete the Ndindiliyimana et al. case which they began before the expiry of their term of office; and takes note of the intention of the International Tribunal to complete the case in March 2011;

“2.   Decides that, notwithstanding the expiry of his term of office on 31 December 2010, Judge Joseph Masanche is authorized to complete the Hategekimana 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 in January 2011;

“3.   Decides that in order for the International Tribunal to complete existing trials or conduct additional trials, the total number of ad litem Judges serving at the International Tribunal may from time to time temporarily exceed the maximum of 9 provided for in article 11, paragraph 1, of the Statute of the International Tribunal, to a maximum of 12 at any one time, returning to a maximum of 9 by 31 December 2011;

“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.”

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For information media • not an official record