Security Council

6348^th Meeting (PM)

Security Council Adopts Resolution 1931 (2010), Extending Terms of 23 Judges

at Yugoslavia Court, Noting 2010 Target for Completing Work Cannot Be Met

 

The Security Council today extended the terms of office of 23 judges at the International Criminal Tribunal for the Former Yugoslavia, taking note of the Tribunal’s own assessment that it was not in a position to complete all work in 2010, and of its President’s concern about the loss of experienced staff.

Unanimously adopting resolution 1931 (2010), tabled by Austria, the Council extended the terms of office of five permanent judges in the Appeals Chamber — Carmel Agius of Malta; Liu Daqun of China; Theodor Meron of the United States; Fausto Pocar of Italy; and Patrick Robinson of Jamaica — until 31 December 2012, or until the completion of the cases to which they were assigned, or until the completion of their term as members of the Appeals Chamber, if sooner.

It also extended the term of office of eight permanent judges in the Trial Chamber until 31 December 2011, or until the completion of the cases to which they were assigned.  They were Jean-Claude Antonetti of France; Guy Delvoie of Belgium; Burton Hall of the Bahamas; Christoph Flügge of Germany; O-Gon Kwon of South Korea; Bakone Justice Moloto of South Africa; Howard Morrison of the United Kingdom; and Alphons Orie of the Netherlands.

A further 10 ad litem judges, also members of the Trial Chamber, had their terms extended until 31 December 2011, or until the completion of the cases to which they were assigned.  They were Melville Baird of Trinidad and Tobago; Pedro David of Argentina; Elizabeth Gwaunza of Zimbabwe; Frederik Harhoff of Denmark; Flavia Lattanzi of Italy; Antoine Kesia-Mbe Mindua of the Democratic Republic of Congo; Prisca Matimba Nyambe of Zambia; Michèle Picard of France; Árpád Prandler of Hungary; and Stefan Trechsel of Switzerland.

By other terms, the Council underlined its intention to extend, by 30 June 2011, the terms of office of the trial judges based on the Tribunal’s projected trial schedule.  In that respect, it requested the President of the International Tribunal to submit an updated trial and appeals schedule no later than 15 May 2011.

It would further decide to allow ad litem Judges Baird, David, Gwaunza, Harhoff, Lattanzi, Mindua, Picard, Prandler and Trechsel to serve at the International Tribunal beyond the cumulative period of service provided for under the Statute of the International Tribunal.

Also by the text, the Council reiterated its call on all States, especially the States of the former Yugoslavia, to intensify cooperation with and render all necessary assistance to the International Tribunal, and in particular calls for the arrest of Ratko Mladić and Goran Hadžić, as well as other indictees of the International Tribunal.

Noting the importance of the International Tribunal being adequately staffed to complete its work expeditiously, it called on the Secretariat and other relevant United Nations bodies to continue working with the Registrar of the International Tribunal to find solutions to address that issue as the court approached the completion of its work.

The meeting began at 5:34 p.m. and ended at 5:37 p.m.

Resolution

The full text of resolution 1931 (2010) reads as follows:

“The Security Council,

“Taking note of the letter to the President of the Council from the Secretary-General dated 18 June 2010 (S/2010/330), attaching the letter from the President of the International Tribunal for the former Yugoslavia (“the International Tribunal”) dated 31 May 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 2 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 1915 (2010) of 18 March 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 assessments by the International Tribunal in its Completion Strategy Report (S/2010/270) that the International Tribunal will not be in a position to complete all its work in 2010 and of the obstacles faced by the International Tribunal, and expressing its concern in this regard,

“Noting the concerns expressed by the President of the International Tribunal about the loss of experienced staff, and affirming that staff retention is essential for the timely completion of the International Tribunal’s work,

“Recalling that in resolution 1900 (2009) the Security Council underlined its intention to extend, by 30 June 2010, the terms of office of all trial judges at the International Tribunal based on the Tribunal’s projected trial schedule and the terms of office of all appeals judges until 31 December 2012, or until the completion of the cases to which they are assigned if sooner, and requested the President of the International Tribunal to submit to the Council an updated trial and appeals schedule, including information on the judges whose extension of the terms of office or redeployment to the Appeals Chamber will be sought,

“Recalling further that, pursuant to article 14, paragraph 3, of the Statute of the International Tribunal, as amended by resolution 1877 (2009), the term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber,

“Convinced of the advisability of permitting nine ad litem judges to serve at the International Tribunal beyond the cumulative period of three years provided for in article 13 ter, paragraph 2, of the Statute of the International Tribunal,

“Noting that one permanent judge and three of the ad litem judges currently serving at the International Tribunal will leave before the end of 2010 upon the completion of their respective cases,

“Taking note of the updated trial and appeals schedule submitted by the President of the International Tribunal,

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

“1.   Reaffirms the necessity of trial of persons indicted by the International Tribunal and reiterates its call on all States, especially the States of the former Yugoslavia, to intensify cooperation with and render all necessary assistance to the International Tribunal, and in particular calls for the arrest of Ratko Mladić and Goran Hadžić, as well as other indictees of the International Tribunal;

“2.   Notes 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;

“3.   Decides to extend the terms of office of the following permanent judges at the International Tribunal, who are members of the Appeals Chamber, until 31 December 2012 or until the completion of the cases to which they are assigned or until the completion of their term as members of the Appeals Chamber, if sooner:

–     Carmel Agius (Malta)

–     Liu Daqun (China)

–     Theodor Meron (United States of America)

–     Fausto Pocar (Italy)

–     Patrick Robinson (Jamaica)

“4.   Decides to extend the term of office of the following permanent judges at the International Tribunal, who are members of the Trial Chamber, until 31 December 2011 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)

“5.   Decides to extend the term of office of the following ad litem judges at the International Tribunal, who are members of the Trial Chamber, until 31 December 2011 or until the completion of the cases to which they are assigned, if sooner:

–     Melville Baird (Trinidad and Tobago)

–     Pedro David (Argentina)

–     Elizabeth Gwaunza (Zimbabwe)

–     Frederik Harhoff (Denmark)

–     Flavia Lattanzi (Italy)

–     Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)

–     Prisca Matimba Nyambe (Zambia)

–     Michèle Picard (France)

–     Árpád Prandler (Hungary)

–     Stefan Trechsel (Switzerland)

“6.   Underlines its intention to extend, by 30 June 2011, the terms of office of the trial judges at the International Tribunal based on the Tribunal’s projected trial schedule, and requests the President of the International Tribunal to submit to the Council an updated trial and appeals schedule no later than 15 May 2011;

“7.   Decides to allow ad litem Judges Baird, David, Gwaunza, Harhoff, Lattanzi, Mindua, Picard, Prandler, and Trechsel 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;

“8.   Urges the International Tribunal to complete its work expeditiously;

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

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For information media • not an official record