INSTRUCTION FOR UNSC RESOLUTION AUTHORIZING ICTY

UNCLAS STATE 130271

SIPDIS

E.O. 12958: N/A
TAGS: UNSC ICTY KAWC ZL
SUBJECT: INSTRUCTION FOR UNSC RESOLUTION AUTHORIZING ICTY
AD LITEM JUDGES


1. The Department instructs USUN to vote in favor of the UN
Security Council Resolution authorizing the Secretary-General
to appoint additional ad litem judges to the International
Criminal Tribunal for the Former Yugoslavia, scheduled for
consideration on December 12.


2. Begin resolution text:

Taking note of the letter to the President of the Council
from the Secretary-General dated 5 December 2008, attaching
the letter to him from the President of the International
Tribunal for the former Yugoslavia dated 26 November 2008,

Recalling its resolution 1800 (2008) of 20 February 2008,
which permitted the total number of ad litem Judges appointed
at any one time to the Chambers of the International Tribunal
for the former Yugoslavia ("International Tribunal") to be
increased to sixteen until 31 December 2008,

Noting that the International Tribunal currently has a total
of 14 ad litem Judges assigned to cases; that three of them
are assigned in a case where the judgment delivery is
expected by 12 February 2009, and that the appointment of a
further ad litem judge to another case expected to commence
on 15 December 2008 would take the total number of ad litem
Judge to fifteen until 12 February 2009,

Recalling that resolution 1503 (2003) of 28 August 2003
called upon the International 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, and that resolution
1534 (2004) of 26 March 2004 emphasized the importance of
fully implementing the International Tribunal's completion
strategy.

Convinced of the advisability of extending this exceptional
authorization granted to the Secretary-General in resolution
1800 (2008) as a temporary measure to enable the
International Tribunal to complete and conduct additional
trials as soon as possible in order to meet its completion
strategy,

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


1. Decides that the Secretary-General may appoint, within
existing resources, additional ad litem Judges upon request
of the President of the International Tribunal in order to
complete existing trials or conduct additional trials,
notwithstanding that the total number of ad litem Judges
appointed to the Chambers will from time to time temporarily
exceed the maximum of twelve provided for in article 12 (1)
of the Statute of the International Tribunal, to a maximum of
sixteen at any one time, returning to a maximum of twelve by
28 February 2009;


2. Decides to remain seized of the matter.

End resolution text.
RICE