INSTRUCTION ON DISMISSAL OF ICTY REGISTRAR

UNCLAS STATE 133190

SIPDIS

SENSITIVE

C O R R E C T E D C O P Y (ADDING SENSITIVE CAPTION)

E.O. 12958: N/A
TAGS: KAWC OTRA ABUD UN EU
SUBJECT: INSTRUCTION ON DISMISSAL OF ICTY REGISTRAR


1. (U) This is an action request. Please see paragraph 3.

2. (SBU) The newly appointed President of the International
Criminal Tribunal for the Former Yugoslavia (ICTY),judge
Patrick Robinson, recently informed ICTY registrar Hans
Holthuis that he would not recommend that the Secretary
General reappoint Holthuis for a third four-year term.
Holthuis was informed of this decision on November 17,
Robinson,s first day as president and less than two months
before the end of Holthuis, term. This decision comes at
the same time that the judges are lobbying for increased
pension benefits. We believe that this decision is in part
because the President does not feel that Holthuis has done
enough to lobby for increased pensions.

3. (SBU) USUN is requested to approach the UN Secretariat at
the highest appropriate level and deliver the following
points:
- The U.S. is concerned that ICTY Registrar Holthuis was
notified that his contract would not be renewed without good
reason and without adequate notice.
- In addition, we are concerned about the underlying motives
behind President Robinson,s decision not to recommend
renewal of Holthuis, contract. We understand that among the
reasons for non-renewal were allegations that Holthuis did
not push hard enough for increasing their judicial pensions
and that he has also not shown them enough respect.
- It is Judge Robinson,s prerogative under the ICTY Statute
not to recommend renewal, but the reasons given do not
suggest a consistent pattern of underperformance. We are
concerned that the judges, apparent pressure on this office
will impede the functioning of the registry. We believe that
a strong, independent Registrar is critical to the viability
of the ICTY.
- However, we realize it may be impossible at this stage to
renew Holthuis, contract if, as it appears, the judges
refuse to work with him, so we would simply like to stress
the need for a transparent, legitimate process for selecting
his successor.
- We recognize that positions at the ICTY are not reserved
for any one country, but we would like to highlight the value
in having a Dutch registrar because of the many issues the
registrar must coordinate with host-country authorities in
The Hague. These issues will only become increasingly
important as we near the completion of the Tribunal,s
activities.
IF ASKED
- We believe Herman von Hebel, the current registrar at
the Special Court for Sierra Leone, would be a strong
candidate for the job of ICTY registrar.
RICE