Adopting Resolution 2740 (2024), Security Council Reappoints Serge Brammertz of Belgium as Prosecutor, International Residual Mechanism for Criminal Tribunals, for Two Years
The Security Council today re-appointed Serge Brammertz of Belgium as Prosecutor of the International Residual Mechanism for Criminal Tribunals for a term beginning on 1 July 2024 and ending on 30 June 2026.
By a recorded vote of 14 in favour to none against, with 1 abstention (Russian Federation), the Council adopted resolution 2740 (2024) (to be issued as S/RES/2740(2024)), urging States to cooperate fully with the Mechanism.
The Council further continued to urge all States to intensify their cooperation with and render all necessary assistance to the Mechanism to enforce sentences pronounced by the International Criminal Tribunal for Rwanda, International Criminal Tribunal for the former Yugoslavia and the Mechanism, and welcomed the continuing support already provided by States in this regard.
Also by the text, the Council noted with concern that, despite reaching an earlier agreement, the Mechanism continues to face problems in the relocation of acquitted persons and convicted persons who have completed serving their sentence — emphasizing the importance of finding expeditious and durable solutions to these problems, including as part of a reconciliation process.
Speaking after the vote, Amara. S.M. Sowa (Sierra Leone), Chair of the Informal Working Group on International Tribunals and penholder on the resolution, noted that, for the first time in its history, the Mechanism “entered into a truly residual role earlier this year when it concluded the trials of all core crimes and completed the tracking of fugitives”. The Working Group, in constructively assessing the work of the Mechanism over the 2022-2024 review period and projecting its future direction, has had to grapple with the many uncertainties as it transitions into this residual state.
Recalling the Working Group’s four in-person meetings and direct engagements with Council members to bridge diverging opinions, he cited an invitation to those Member States directly impacted by the Mechanism’s work, without setting a precedent, to pose questions and exchange views: Rwanda and Serbia, at their request, and also Bosnia and Herzegovina and Croatia. “By and large, the concerns of all Member States were adequately addressed,” he stated, and the resolution balances the interests of all Council members while reaffirming the UN’s commitment to combat impunity and hold accountable those responsible for serious crimes of international concern.
The representative of the Russian Federation, speaking in explanation of position, noted her delegation abstained despite having taken part in negotiations on agreement on the text. She cited the “dragging-out” of the work of the Residual Mechanism, which has been operating for more than 30 years — hardly “sensible for an ad hoc body”, with its leadership declaring that its residual functions will last until 2052. Since the original Mechanism was unable to present realistic proposals, her delegation invited the Council members to design a “road map” for the Mechanism — mentioning specific dates and recipients for the transfer of functions. She referred to the proposed transfer of convicted persons to their States of citizenship, which would end the “egregious violations” of their rights, voicing disappointment that this “road map” was not included.
She pointed to operational paragraph 16, by which the Mechanism will deal with ensuring proper medical care for Serbian Ratko Mladić, and the minimum guarantees of the so-called “Nelson Mandela Rules”. Referring to “extremely disturbing information” regarding convicts in prisons in Estonia and the United Kingdom, she stressed: “The treatment of these persons is something we can’t even call inhumane.” Noting that Council members from the countries that carry out punishments blocked a proposal for a Secretary-General’s report, she stressed that inaction regarding violations of the rights of Mr. Mladić, Radovan Karadžić and other prisoners is unacceptable.
Slovenia’s delegate said that his country voted in favour of the resolution, with the Mechanism moving closer to its completion. “However, the fight against impunity does not have to end,” he said, noting that the Mechanism and its two predecessors — namely the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda — have proved that “nobody is above the law” and “perpetrators will be held accountable no matter how long it takes”. This legacy must be preserved after the Mechanism’s closure and the archives must be kept and managed to support national jurisdictions. Only justice can bring about reconciliation and the healing of societies, as “only with such a strong foundation, the atrocious part of history has little chance of repeating itself”, he said.