INSTRUCTIONS FOR EXTENSION OF TERM OF OFFICE OF

UNCLAS STATE 103528

SIPDIS

E.O. 12958: N/A
TAGS: PREL PHUM
SUBJECT: INSTRUCTIONS FOR EXTENSION OF TERM OF OFFICE OF
ICTY JUDGES


1. This is an action cable. USUN is instructed to join
consensus on the draft UN Security Council resolution in
para 2 below that extends the term of office of ICTY
judges. If there are substantial changes to the text of
the resolution USUN is requested to seek additional
instruction prior to adoption of the resolution. End
action.


2. Begin text of resolution:

Resolution xxx (2008)

Adopted by the Security Council at its xxx meeting, on
xxxx

The Security Council,

Taking note of the letter to the President of the Council
from the Secretary-General dated .............. 2008, attaching
two letters to him from the President of the International
Tribunal for the former Yugoslavia ("the Tribunal") dated
5 June 2008 and 1 September 2008 (A/63/**-S/2008/***),

Recalling its resolutions 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, and 1800
(2008) of 20 February 2008,

Recalling in particular its resolutions 1503 (2003) of 28
August 2003 and 1534 (2004) of 26 March 2004, in which the
Security Council calls on the 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,

Expressing its determination to support the efforts made
by the Tribunal toward the completion of its trial work at
the earliest date,

Expressing its expectation that the extension of the terms
of office of the judges concerned will enhance the
effectiveness of trial proceedings and contribute towards
the implementation of the Completion Strategy,

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


1. Decides to extend the terms of office of the
following permanent judges at the Tribunal who are members
of the Appeals Chamber until 31 December 2010, or until
the completion of the cases before the Appeals Chamber if
sooner:

- Liu Daqun (China)
- Theodor Meron (United States of America)
- Fausto Pocar (Italy)
- Mohamed Shahabuddeen (Guyana)



2. Decides to extend the terms of office of the
following permanent judges at the Tribunal who are members
of the Trial Chambers until 31 December 2009, or until the
completion of the cases to which they are assigned if
sooner:

- Carmel Agius (Malta)
- Jean-Claude Antonetti (France)
- Iain Bonomy (United Kingdom)
- Christoph Fl|gge (Germany)
- O-Gon Kwon (South Korea)
- Bakone Justice Moloto (South Africa)
- Alphons Orie (The Netherlands)
- Kevin Parker (Australia)
- Patrick Robinson (Jamaica)
- Christine Van den Wyngaert (Belgium)


3. Decides to extend the terms of office of the
following ad litem judges, currently serving at the
Tribunal, until 31 December 2009, or until the completion
of the cases to which they are assigned if sooner:

- Ali Nawaz Chowhan (Pakistan)
- Pedro David (Argentina)
- Elizabeth Gwaunza (Zimbabwe)
- Frederik Harhoff (Denmark)
- Tsvetana Kamenova (Bulgaria)
- Uldis Kinis (Latvia)
- Flavia Lattanzi (Italy)
- Antoine Kesia-Mbe Mindua (Democratic Republic of
Congo)
- Janet Nosworthy (Jamaica)
- Michle Picard (France)
- rpd Prandler (Hungary)
- Kimberly Prost (Canada)
- Ole Bjrn Stle (Norway)
- Stefan Trechsel (Switzerland)



4. Decides to extend the term of office of the
following ad litem judges, who are not currently appointed
to serve at the Tribunal, until 31 December 2009, or until
the completion of any cases to which they may be assigned
if sooner:

- Melville Baird (Trinidad and Tobago)
- Frans Bauduin (The Netherlands)
- Burton Hall (The Bahamas)
- Frank Hpfel (Austria)
- Raimo Lahti (Finland)
- Jawdat Naboty (Syrian Arab Republic)
- Chioma Egondu Nwosu-Iheme (Nigeria)
- Prisca Matimba Nyambe (Zambia)
- Brynmor Pollard (Guyana)
- Vonimbolana Rasoazanany (Madagascar)
- Krister Thelin (Sweden)
- Klaus Tolksdorf (Germany)
- Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)


5. Decides, without prejudice to the provisions of
resolution 1800 (2008) of 20 February 2008, to amend
article 12, paragraphs 1 and 2, of the Statute of the
Tribunal and to replace those paragraphs with the
provisions set out in the annex to this resolution.


6. Decides to remain seized of the matter.

Annex

Article 12
Composition of the Chambers

1. The Chambers shall be composed of a
maximum of sixteen permanent independent judges, no two of
whom may be nationals of the same State, and a maximum at
any one time of twelve ad litem independent judges
appointed in accordance with article 13 ter, paragraph 2,
of the Statute, no two of whom may be nationals of the
same State.

2. A maximum at any one time of three
permanent judges and nine ad litem judges shall be members
of each Trial Chamber. Each Trial Chamber to which ad
litem judges are assigned may be divided into sections of
three judges each, composed of both permanent and ad litem
judges, except in the circumstances specified in paragraph
5 below. A section of a Trial Chamber shall have the same
powers and responsibilities as a Trial Chamber under the
Statute and shall render judgement in accordance with the
same rules.
RICE