Security Council

7088^th Meeting (AM)

Security Council Extends Tenure of 17 Judges at International Criminal Tribunal

for the Former Yugoslavia until 31 December 2014

Russian Federation Abstains as Members Adopt Resolution 2130 (2013)

The Security Council today extended terms of office for 17 permanent and ad litem judges of the Trial and Appeals Chambers at the International Tribunal for the former Yugoslavia until 31 December 2014, or completion of the cases assigned to them, if sooner.

Adopting resolution 2130 (2013) by a recorded vote of 14 in favour to none against, with 1 abstention (Russian Federation), the Council requested the Tribunal to take all possible measures to complete its work as expeditiously as possible with the aim of facilitating closure of the Tribunal.  It expressed concern that the trials and appeals would go beyond 2014, and underlined that States should cooperate fully with the Tribunal, including by providing it with information to aid its work.

Speaking after the adoption, the representative of the Russian Federation said he had abstained from voting because the situation regarding the Tribunal’s exit strategy had not improved and trial delays continued.  The scheduled date of completion was being pushed back beyond 2014, which, unfortunately, was reflected in the resolution.  Such a course of action was costly, both to those accused and to the international community, he pointed out.  The Russian Federation’s proposals for correcting the situation had not been understood by a number of delegations, and the text did not incorporate any of its positive recommendations, he noted, expressing hope that the Tribunal would do its utmost in 2014 to discharge its duties effectively, without bias and in observance of the rights of accused persons.

The meeting began at 10:05 a.m. and ended at 10:12 a.m.

Resolution

The full text of resolution 2130 (2013) reads as follows:

“The Security Council,

“Reaffirming its determination to combat impunity for those responsible for serious international crimes and the necessity of all persons indicted by the ICTY being brought to justice,

“Taking note of the letter to the President of the Council from the Secretary-General dated 21 November 2013 (S/2013/685) attaching letters from the President of the International Tribunal for the former Yugoslavia (“the International Tribunal”) dated 30 October 2013 and 19 November 2013,

“Recalling its resolution 827 (1993) of 25 May 1993, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, and its previous resolutions concerning the International Tribunal,

“Welcoming the commencement of the functioning of the branch of the Mechanism for the International Tribunal for former Yugoslavia on 1 July 2013 and taking note of the assessment of the International Residual Mechanism for Criminal Tribunals (S/2013/679),

“Recalling also its previous resolutions on the extension of the terms of office of the permanent and ad litem judges at the International Tribunal, who are members of the Trial Chambers and the Appeals Chamber,

“Taking into account the assessments by the International Tribunal in its Completion Strategy Report (S/2013/678), and the updated trial and appeals schedule,

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

“1.   Requests the ICTY to take all possible measures to complete its work as expeditiously as possible with the aim to facilitate the closure of the Tribunal, taking into account resolution 1966 (2010) which requested the International Tribunal to complete its trial and appeals proceedings by 31 December 2014, and expresses concern that, in order to complete the work of the ICTY, trials and appeals will go beyond 2014;

“2.   Decides to extend the term of office of the following permanent and ad litem judges at the International Tribunal, who are members of the Trial Chambers and the Appeals Chamber, until 31 December 2014 or until the completion of the cases to which they are assigned, if sooner:

− Koffi Kumelio A. Afande ( Togo)

− Carmel Agius ( Malta)

− Liu Daqun ( China)

− Theodor Meron ( United States of America)

− Fausto Pocar ( Italy)

− Patrick Robinson ( Jamaica)

− Jean-Claude Antonetti (France)

− O-Gon Kwon ( Republic of Korea)

− Burton Hall (The Bahamas)

− Howard Morrison (United Kingdom)

− Guy Delvoie ( Belgium)

− Christoph Flügge ( Germany)

− Alphons Orie (The Netherlands)

− Bakone Justice Moloto ( South Africa)

− Melville Baird ( Trinidad and Tobago)

− Flavia Lattanzi ( Italy)

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

“3.   Underlines that States should cooperate fully with the International Tribunal, including through the provision of information to assist the Tribunal in its work, as well as with the Mechanism;

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

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For information media • not an official record