Security Council

6573^rd Meeting (AM)

Security Council Adopts Text Allowing Ad Litem Judges to Be Candidates, or Voters,

in Electing President of International Criminal Tribunal for Rwanda

 

Exceptional Part-time Arrangement Also Authorized by Resolution 1995 (2011)

Acting on the request of the President of the International Criminal Tribunal for Rwanda, the Security Council decided this morning that, notwithstanding the relevant articles of the court’s Statute, ad litem judges may be eligible to stand for, and vote in, elections for its presidency.

Unanimously adopting resolution 1995 (2011) under Chapter VII of the United Nations Charter, the 15-member body further decided that an ad litem judge elected as Tribunal President may exercise the same powers as a permanent judge without altering his or her status, or affecting his or her terms and conditions of service.  The Council also decided that an ad litem judge elected Vice-President may act as President when required to do so, under the Statute or by the Rules of Procedure and Evidence.

Deciding further that, in light of the exceptional circumstances, former Tribunal President Dennis Byron may work part-time and engage in another judicial occupation from 1 September 2011 until the completion of his current case, the Council underscored that that exceptional authorization would not be considered as establishing a precedent.  The Tribunal President would have the responsibility to ensure that the arrangement was compatible with the judge’s independence and impartiality, did not give rise to conflicts of interest, and did not delay the delivery of judgment.

The Council reaffirmed the necessity of trying persons indicted by the Tribunal, and called for increased efforts to bring Felicien Kabuga, Augustin Bizimana, Protais Mpiranya and others to justice.

The meeting began at 10:15 a.m. and ended at 10:17 a.m.

Resolution

The full text of resolution 1995 (2011) reads as follows:

“The Security Council,

“Taking note of the letter to the President of the Council from the Secretary-General dated 20 May 2011 (S/2011/329), attaching a letter from the President of the International Criminal Tribunal for Rwanda (“the International Tribunal”) dated 5 May 2011,

“Recalling its resolution 955 (1994) of 8 November 1994, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, and its previous resolutions concerning the International Tribunal,

“Recalling also its resolution 1966 (2010) of 22 December 2010, establishing the International Residual Mechanism for Criminal Tribunals (“the Mechanism”) and requesting the International Tribunal to take all possible measures to expeditiously complete all its remaining work no later than 31 December 2014, prepare its closure and ensure a smooth transition to the Mechanism,

“Recalling further that the branch of the Mechanism for the International Criminal Tribunal for Rwanda shall commence functioning on 1 July 2012,

“Taking note of the assessments by the International Tribunal in its Completion Strategy Report (S/2011/317),

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

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

“Urging the International Tribunal to take all possible measures to complete its work expeditiously as requested in resolution 1966 (2010),

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

“1.   Decides that, notwithstanding article 13, paragraph 1, and article 12 quater, paragraph 2 (a), of the Statute of the International Tribunal, ad litem judges may be eligible for election as, and may vote in the election of, the President of the International Tribunal;

“2.   Decides in this regard that, notwithstanding article 12 quater, paragraph 2, of the Statute of the International Tribunal, an ad litem judge elected as President of the International Tribunal may exercise the same powers as a permanent judge, which will not alter his or her status or give rise to any additional allowances or benefits other than those which already exist, and will effect no changes of the current terms and conditions of service as an ad litem judge;

“3.   Decides that, notwithstanding article 12 quater, paragraph 2, of the Statute of the International Tribunal, an ad litem judge elected as Vice-President of the International Tribunal may act as President when required to do so by under the Statute or the Rules of Procedure and Evidence, which will not alter his or her status or give rise to any additional allowances or benefits other than those which already exist, and will effect no changes of the current terms and conditions of service as an ad litem judge;

“4.   Decides, in light of the exceptional circumstances, that notwithstanding article 12 bis, paragraph 3, of the Statute of the International Tribunal, Judge Dennis Byron may work part-time and engage in another judicial occupation from 1 September 2011 until the completion of the case to which he is assigned; takes note of the intention of the International Tribunal to complete the case by December 2011; and underscores that this exceptional authorization shall not be considered as establishing a precedent.  The President of the International Tribunal shall have the responsibility to ensure that this arrangement is compatible with the independence and impartiality of the judge, does not give rise to conflicts of interest and does not delay the delivery of the judgment;

“5.   Reaffirms the necessity of trial of persons indicted by the International Tribunal and reiterates its call on all States, especially the States of the Great Lakes region, to intensify cooperation with and render all necessary assistance to the International Tribunal, and in particular calls upon relevant States to increase their efforts to bring Felicien Kabuga, Augustin Bizimana, Protais Mpiranya and other indictees of the International Tribunal to justice;

“6.   Reiterates the importance of the International Tribunal being adequately staffed to complete its work expeditiously and calls upon relevant United Nations bodies to intensify cooperation with the Secretariat and the Registrar of the International Tribunal and to take a flexible approach 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;

“7.   Commends States that have accepted the relocation of acquitted persons or convicted persons who have completed serving their sentences to their territories, and calls upon other States in a position to do so to cooperate with and render all necessary assistance to the International Tribunal in the relocation of acquitted persons and convicted persons who have completed serving their sentences;

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

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For information media • not an official record