Security Council resolution 1900 (2009) [on extension of the terms of office of permanent and ad litem judges to the International Criminal Tribunal for the Former Yugoslavia (ICTY) and on temporarily amending art. 12, para. 1, of the Statute of the International Tribunal]
Symbol: S/RES/1900(2009)
Date: 2009-12-16
Status: adopted
Agenda: S/64 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/64 [60] FORMER YUGOSLAVIA SITUATION
Subjects: Prost, Kimberly > (Canada)|Stole, Ole Bjorn > (Norway)|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 > Members|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. President|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. Chambers|Statute of the International Tribunal for the Prosecution of Persons responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (1993)|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|JUDGES|FORMER YUGOSLAVIA SITUATION|TRIALS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                  S/RES/1900 (2009)
               Security Council                                                Distr.: General
                                                                               16 December 2009




               Resolution 1900 (2009)
               Adopted by the Security Council at its 6242nd meeting,
               on 16 December 2009

                    The Security Council,
                    Taking note of the letter to the President of the Council from the Secretary-General dated 28 October 2009 (S/2009/570), attaching the letter from the President
               of the International Tribunal for the Former Yugoslavia (“the International
               Tribunal”) dated 29 September 2009,
                    Recalling its resolutions 827 (1993) of 25 May 1993, 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, 1800 (2008) of 20 February 2008, 1837 (2008) of 29 September 2008, 1849
               (2008) of 12 December 2008, and 1877 (2009) of 7 July 2009,
                    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 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,
                      Taking note of the assessment by the International Tribunal in its Completion
               Strategy Report (S/2009/589) that the Tribunal will not be in a position to complete
               all its work in 2010,
                     Recalling that in resolution 1877 (2009) the Security Council extended the
               term of office of permanent judges and ad litem judges until 31 December 2010, or
               until the completion of the cases to which they are assigned, if sooner; and decided
               to review the extension of the term of office of the permanent judges at the
               International Tribunal, who are members of the Appeals Chamber, by 31 December
               2009, in light of the progress of the International Tribunal in the implementation of
               the Completion Strategy,
                     Convinced of the advisability of allowing the total number of ad litem judges
               serving at the International Tribunal to temporarily exceed the maximum of twelve
               provided for in article 12, paragraph 1, of the Statute of the International Tribunal,
                    Urging the International Tribunal to take all possible measures to complete its
               work expeditiously,


09-65382 (E)
*0965382*

S/RES/1900 (2009)


                    Acting under Chapter VII of the Charter of the United Nations,
                      1.    Underlines its intention to extend, by 30 June 2010, the terms of office of
               all trial judges at the International Tribunal based on the Tribunal’s projected trial
               schedule and the terms of office of all appeals judges until 31 December 2012, or
               until the completion of the cases to which they are assigned if sooner, and requests
               the President of the International Tribunal to submit to the Council an updated trial
               and appeals schedule, including information on the judges whose extension of the
               terms of office or redeployment to the Appeals Chamber will be sought;
                     2.   Decides that, notwithstanding the expiry of their terms of office on
               31 December 2009, Judges Kimberley Prost (Canada) and Ole Bjørn Støle (Norway)
               complete the Popović case which they began before the expiry of their terms of
               office; and takes note of the intention of the International Tribunal to complete the
               case before the end of March 2010;
                     3.   Decides in this regard that the total number of ad litem judges serving at
               the International Tribunal may temporarily exceed the maximum of twelve provided
               for in article 12, paragraph 1, of the Statute of the International Tribunal, to a
               maximum of thirteen at any one time, returning to a maximum of twelve by
               31 March 2010;
                     4.    Decides to allow ad litem Judges Prost and Støle to serve at the
               International Tribunal beyond the cumulative period of service provided for under
               article 13 ter, paragraph 2, of the Statute of the International Tribunal;
                    5.    Decides to remain seized of the matter.




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