UN SECURITY COUNCIL RESOLUTION ON EXTENSION OF

UNCLAS STATE 076371

SIPDIS

E.O. 12958: N/A
TAGS: PREL PHUM XA
SUBJECT: UN SECURITY COUNCIL RESOLUTION ON EXTENSION OF
ICTR 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 ICTR
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:

The Security Council,

Taking note of the letter to the President of the Council
from the Secretary-General dated 13 June 2008, attaching
the letter to him from the President of the International
Criminal Tribunal for Rwanda ("the Tribunal") dated 6 June
2008 (S/2008/xx),

Recalling its resolutions 955 (1994) of 8 November 1994,
1165 (1998) of 30 April 1998, 1329 (2000) of 30 November
2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August
2002, 1449 (2002) of 13 December 2002,

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,

Recalling that on 13 June 2006, the Security Council
decided in resolution 1684 (2006) to extend the term of
office of the eleven permanent judges of the Tribunal
until 31 December 2008, and that on 13 October 2006, the
Security Council decided in resolution 1717 (2006) to
extend the term of office of the eighteen ad litem judges
of the Tribunal until 31 December 2008,

Noting that two of the permanent judges and one of the ad
litem judges currently serving at the Tribunal have
indicated their intention to resign in 2008 upon the
completion of their respective cases, and that at this
stage it is not expected that their replacement will be
necessary,

Noting the progress made by the Tribunal toward the
completion of its trial work at the earliest date,

Noting the projections provided by the Tribunal as to the
completion of all the remaining cases at trial stage
before the end of December 2009,

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
ensuring the implementation of the Completion Strategy,

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



1. Decides to extend the term 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:
- Mr. Mehmet G|ney (Turkey)
- Ms. Andrsia Vaz (Senegal)


2. Decides to extend the term 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:
- Mr. Charles Michael Dennis Byron (Saint Kitts and
Nevis)
- Mr. Asoka de Silva (Sri Lanka)
- Mr. Sergei Aleckseevich Egorov (Russian
Federation)
- Ms. Khalida Rachid Khan (Pakistan)
- Mr. Erik Mse (Norway)
- Ms. Arlete Ramaroson (Madagascar)
- Mr. William Hussein Sekule (United Republic of
Tanzania)


3. Decides to extend the term 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:
- Ms. Florence Rita Arrey (Cameroon)
- Ms. Solomy Balungi Bossa (Uganda)
- Ms. Taghrid Hikmet (Jordan)
- Mr. Vagn Joensen (Denmark)
- Mr. Gberdao Gustave Kam (Burkina Faso)
- Mr. Lee Gacuiga Muthoga (Kenya)
- Mr. Seon Ki Park (Republic of Korea)
- Mr. Emile Francis Short (Ghana)


4. Decides to extend the term of office of the
following ad litem judges, who have not yet been 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:
- Mr. Aydin Sefa Akay (Turkey)
- Ms. Karin Hkborg (Sweden)
- Ms. Flavia Lattanzi (Italy)
- Mr. Kenneth Machin (United Kingdom)
- Mr. Joseph Edward Chiondo Masanche (United
Republic of Tanzania)
- Tan Sri Dato' Hj. Mohd. Azmi Dato' Hj. Kamaruddin
(Malaysia)
- Mr. Mparany Mamy Richard Rajohnson (Madagascar)
- Mr. Albertus Henricus Johannes Swart
(Netherlands)
- Ms. Aura E. Guerra de Villalaz (Panama)


5. Decides to amend article 11 paragraphs 1 and 2
of the Statute of the International Tribunal for Rwanda
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 11: 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 nine ad litem independent judges appointed
in accordance with article 12 ter, paragraph 2, of the
present Statute, no two of whom may be nationals of the
same State.


2. A maximum at any one time of three
permanent judges and six 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. A section of a Trial Chamber shall have the same
powers and responsibilities as a Trial Chamber under the
present Statute and shall render judgement in accordance
with the same rules.
RICE