SHOWDOWN AT THE ICTR CORRAL: BENCH SPLIT REGARDING

C O N F I D E N T I A L DAR ES SALAAM 000735

SIPDIS

SIPDIS

SWCI FOR BDOHERTY AND MICHAEL MORIN; IO/UNP FOR REBECCA
GOLDENBERG; AF/E FOR BARBARA YODER

E.O. 12958: DECL: 05/17/2017
TAGS: PREL UNGA ICTR TZ
SUBJECT: SHOWDOWN AT THE ICTR CORRAL: BENCH SPLIT REGARDING
TRIBUNAL'S PRESIDENTIAL ELECTION


Classified By: Acting Deputy Chief of Mission Tulinabo Mushingi for rea
sons 1.4(b) and (d).


1. (SBU) SUMMARY: On May 21, the judges of the
International Criminal Tribunal for Rwanda (ICTR, or the
Tribunal) are scheduled to elect a President as the current
term ends this month. President Erik Mose wishes to serve a
third term and proposals to amend the Rules to allow this are
tabled for the May 21 meeting. Judge Dennis Byron has
announced his candidacy, opposes the Rules change on
principle, and is one of four or five judges prepared to
resign should the change be adopted and Mose re-elected.
Resignation of any judge could affect the Tribunal's
completion strategy. END SUMMARY.


2. (SBU) On Monday, May 21, the judges of the International
Criminal Tribunal for Rwanda (ICTR, or the Tribunal) are
scheduled to meet in plenary session where the permanent
judges will "elect a president from amongst their number,"
per the Tribunal's Statute. The judge-made Rules of
Procedure and Evidence (Rules) of the ICTR, limit the
Tribunal's president to two two-year terms. President Erik
Mose's second term concludes this month; however, Mose plans
to run for a third term which would require the judges to
amend the Tribunal's Rules.


3. (C) Judge Charles Michael Dennis Byron of Saint Kitts
and Nevis has expressed in writing an interest in serving as
President, according to Barbara Mulvaney, Senior Trial
Attorney, and Tim Gallimore (please protect),Spokesperson
for the Prosecutor. Byron opposes amending the Rules to
allow Mose to serve a third term, Gallimore told Poloff on
May 16, and a group of four or five judges, including Judge
Byron, are prepared to resign on principle should the Rules
be amended and Mose re-elected. Gallimore declined to
identify the other judges who are prepared to resign.


4. (C) Susan Lamb, Chef du Cabinet in the President's
office, confirmed there is another candidate and noted
President Mose is "in a bit of a dilemma" regarding the
situation as usually the election would be discreet and kept
between the judges. Two proposals to amend the Rules to
allow a third term as President have been tabled, according
to Lamb, who said the proposals differ in terms of detail but
assured Poloff the differences are aesthetic only. Lamb said
the judges were invited to consolidate the two proposals but
had declined to do so. Lamb confirmed a president would be
elected May 21 regardless of the outcome regarding the
proposed changes to the Rules, and expects discussion to
involve issues of judicial continuity.


5. (C) In response to Poloff asking if there was a possible
compromise candidate, Gallimore said there was a long-shot
candidate but that she had come from the Hague and brings a
lot of controversy. This description fits Judge Ines Monica
Weinberg de Roca of Argentina who served as a permanent judge
of the International Criminal Tribunal for the Former
Yugoslavia (ICTY) in the Hague from June 2003 to October

2005.


6. (SBU) Also on the agenda for May 21 is a proposal to
change Rule 15bisD to allow a chamber to continue with two
judges in the event a judge dies or is unable to continue to
serve due to illness. Lamb believes the judges are unanimous
regarding the need to address this issue, but not unanimous
as to how to address it, and emphasized the issue is tabled
for discussion only.


7. (U) NOTE: The Rules state the President shall be
elected by majority of the votes of the judges (9 of 16) and
that if no judge obtains a majority, the second ballot will
be of the two who obtained the most votes. If the second
ballot results in a tie, the judge with the longest tenure is
declared elected. An amendment to the Rules requires the
vote of at least ten judges. The Rules do not provide for a
secret ballot. END NOTE.

SIPDIS


8. (C) COMMENT: The resignation of even one judge could
impact a number of trials as most judges serve on more than
one bench simultaneously. Should several judges resign, the
work of the entire Tribunal could come to a halt. The
President can have a great affect on the work of the Tribunal
as the President appoints the Appeals bench (which is due to
be expanded, possibly at the plenary session May 21) and the
referral bench (which will decide the issue of referring

cases to other jurisdictions, including Rwanda). Both
Gallimore and Mulvaney indicated to Poloff that the division
of the bench regarding a third presidential term may be along
racial lines, with black judges opposing the proposal. END
COMMENT
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