Security Council resolution 2256 (2015) [on extension of the terms of office of permanent and ad litem judges and of the Prosecutor at the International Tribunal for the Former Yugoslavia (ICTY) and of a permanent judge at the International Criminal Tribunal for Rwanda (ICTR)]
Symbol: S/RES/2256 (2015)
Date: 2015-12-22
Status: adopted
Agenda: S/70 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/70 [60] FORMER YUGOSLAVIA SITUATION
S/70 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/70 [95] RWANDA SITUATION
Subjects: International Criminal Tribunal for Rwanda|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|Charter of the United Nations (1945). Chapter VII|JUDGES|APPOINTMENT OF OFFICIALS|FORMER YUGOSLAVIA SITUATION|RWANDA SITUATION|INTERNATIONAL CRIMINAL COURTS
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                 S/RES/2256 (2015)
               Security Council                                               Distr.: General
                                                                              22 December 2015




               Resolution 2256 (2015)
               Adopted by the Security Council at its 7593rd meeting, on
               22 December 2015

                    The Security Council,
                     Reaffirming its determination to combat impunity for all those responsible for
               serious international crimes and the necessity of all persons indicted by the
               International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal
               for the former Yugoslavia (ICTY) being brought to justice,
                     Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of
               8 November 1994, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March
               2004, and in particular, 1966 (2010) of 22 December 2010, which inter a lia
               established the International Residual Mechanism for Criminal Tribunals ( “the
               Mechanism”),
                    Taking into account the assessments by the ICTY and the ICTR in their
               Completion Strategy Reports (S/2015/874 and S/2015/884), and the updated trial
               and appeals schedules,
                    Welcoming the arrest in the Democratic Republic of the Congo (“DRC”) on
               8 December 2015 of Ladislas Ntaganzwa, indicted by the ICTR, while noting with
               concern that many genocide suspects continue to elude justice, including the
               remaining eight fugitives indicted by the ICTR,
                     Taking note of the letter to the President of the Council from the Secretary -
               General dated 28 October 2015 (S/2015/825), attaching a letter from the President
               of the ICTY dated 1 October 2015,
                     Noting also the concerns expressed by the President of the ICTY about
               staffing, and reaffirming that staff retention is essential for the most expeditious
               completion of the ICTY’s work,
                     Recalling also its previous resolutions on the extension of the terms of office
               of the permanent and ad litem judges of the ICTY, who are members of the Trial
               Chambers and the Appeals Chamber,
                    Further recalling its resolution 2193 (2014) adopted on 18 December 2014,
                    Having regard to Article 16 of the Statute of the ICTY,



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                    Having considered the nomination by the Secretary-General to reappoint
               Mr. Serge Brammertz as Prosecutor of the ICTY (S/2015/969),
                    Taking note of the regular report on the progress of the work of the Mechanism
               dated 17 November 2015 (S/2015/883),
                     Further noting with concern that the Mechanism faces problems in the
               relocation of acquitted persons and convicted persons who have completed serving
               their sentences, and emphasizing the importance of the successful relocation of such
               persons,
                    Noting the referral of cases of Laurent Bucyibaruta, Wenceslas Munyeshyaka,
               Jean Uwinkindi and Bernard Munyagishari to national jurisdictions, pursuant to
               Rule 11 bis of the Rules of Procedure and Evidence of the ICTR, and emphasizing
               the importance of continuing monitoring progress in referred cases, as well as the
               goal of achieving the completion of all referred cases at the earliest possible time,
                    Further noting that the initial period of the operation of the Mechanism, as set
               out by resolution 1966 (2010), ends on 30 June 2016, and that the Mechanism shall
               continue to operate for subsequent periods of two years following a review by the
               Council of the progress of its work, unless the Council decides otherwise,
                     Recalling its review of the progress of the work of the Mechanis m, including
               in completing its functions, pursuant to paragraph 17 of resolution 1966 (2010) and
               carried out in accordance with the procedure set out in the statement of its President
               of 16 November 2015 (S/PRST/2015/21), including the report of the Mechanism on
               the progress of its work in the initial period, dated 20 November 2015 ( S/2015/896),
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Welcomes the completion of the judicial work of the ICTR following
               delivery of its last judgment on 14 December 2015, and the impending closure of
               the ICTR set for 31 December 2015;
                     2.    Acknowledges the substantial contribution of the ICTR to the process of
               national reconciliation and the restoration of peace and security, and to the fight
               against impunity and the development of international criminal justice, especially in
               relation to the crime of genocide;
                     3.    Reiterates its request to the ICTY to complete its work and facilitate the
               closure of the Tribunal as expeditiously as possible with the aim of completing the
               transition to the Mechanism, and expresses its continued concern over repeated
               delays in the conclusion of the Tribunal’s work, in light of resolution 1966 (2010),
               which requested the Tribunal to complete its trial and appeals proceedings by
               31 December 2014;
                     4.  Underlines that States should cooperate fully with the ICTY, as well as
               with the Mechanism;
                     5.    Decides to extend the term of office of the following permanent and ad
               litem judges at the ICTY, who are members of the Trial Chambers and the Appeals
               Chamber, until 31 March 2016 or until the completion of the cases to which they are
               or will be assigned, if sooner:
                    Jean-Claude Antonetti (France)
                    Melville Baird (Trinidad and Tobago)



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                O-Gon Kwon (Republic of Korea)
                Flavia Lattanzi (Italy)
                Howard Morrison (United Kingdom)
                Mandiaye Niang (Senegal)
                 6.  Decides to extend the term of office of the following permanent judge at
           the ICTY, who is a member of the Appeals Chamber, until 30 June 2016 or until the
           completion of the cases to which he is or will be assigned, if sooner:
                Koffi Kumelio A. Afande (Togo)
                 7.   Decides to extend the term of office of the following permanent and ad
           litem judges at the ICTY, who are members of the Trial Chambers, until 31 October
           2016 or until the completion of the cases to which they are or will be assigned, if
           sooner:
                Burton Hall (The Bahamas)
                Guy Delvoie (Belgium)
                Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)
                 8.    Decides to extend the terms of office of the following permanent judges
           at the ICTY, who are members of the Trial Chambers and the Appeals Chamber,
           until 31 December 2016 or until the completion of the cases to which they are or
           will be assigned, if sooner:
                Carmel Agius (Malta)
                Liu Daqun (China)
                Christoph Flügge (Germany)
                Theodor Meron (United States of America)
                Bakone Justice Moloto (South Africa)
                Alphons Orie (The Netherlands)
                Fausto Pocar (Italy)
                 9.    Decides to reappoint Mr. Serge Brammertz as Prosecutor of the ICTY,
           notwithstanding the provisions of Article 16, paragraph 4, of the Statute of the ICTY
           related to the length of the term office of the Prosecutor, for a term with effect from
           1 January 2016 until 31 December 2016, which is subject to earlier termination by
           the Security Council upon the completion of the work of the ICTY;
                10. Renews its call on the ICTY, in light of resolution 1966 (2010), to
           redouble its efforts to review its projected case completion dates with a view
           towards shortening them as appropriate and to prevent any additional delays;
                11. Requests the Office of Internal Oversight Services (OIOS) to carry out an
           evaluation with respect to the methods and work of the ICTY, in the context of the
           implementation of the Completion Strategy pursuant to resolution 1966 (2010), and
           to present its report by 1 June 2016, and further requests the ICTY to report on
           implementation of any OIOS recommendations in its next six-monthly report
           thereafter to the Council on progress towards implementation of the ICTY
           Completion Strategy;
                 12. Commends States that have accepted the relocation of acquitted persons
           or convicted persons who have completed serving their sentences to their territories,
           and reiterates its call upon all States to cooperate with and render all necessary
           assistance to the Mechanism, for increased efforts towards the relocation of



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               acquitted persons and convicted persons who have completed serving their
               sentences;
                     13. Urges all States, especially States where fugitives are suspected to be at
               large, to intensify their cooperation with and render all necessary assistance to the
               Mechanism, in particular to achieve the arrest and surrender of all remaining
               fugitives indicted by the ICTR as soon as possible;
                    14. Urges the DRC to transfer Ladislas Ntaganzwa for trial without delay or
               conditions;
                    15. Urges the Mechanism to continue monitoring the cases of Laurent
               Bucyibaruta, Wenceslas Munyeshyaka, Jean Uwinkindi and Bernard Munyagishari,
               which were referred to national jurisdictions;
                     16. Emphasizes that, in view of the substantially reduced nature of the
               residual functions, the Mechanism was established to be a small, temporary and
               efficient structure, whose functions and size will diminish over time, with a sma ll
               number of staff commensurate with its reduced functions, and, recognizing in this
               regard the full commitment to these elements expressed by the Mechanism, urges
               the Mechanism to continue to be guided in its activities by these elements;
                     17. Welcomes the report (S/2015/896) and supplementary information
               submitted by the Mechanism to the Council pursuant to its Presidential Statement
               (S/PRST/2015/21) for the purposes of the review of the progress of the work of the
               Mechanism, including in completing its functions, as required by paragraph 17 of
               resolution 1966 of 22 December 2010;
                     18. Takes note of the work of the Mechanism to date, in particular
               development of a legal and regulatory framework, procedures, and working
               practices consistent with the Statute of the Mechanism and drawing on lessons
               learned from and best practices of the ICTY and ICTR and of other tribunals,
               including its implementation of the double-hatting of personnel, use of rosters to
               ensure judges and staff are utilized only when required, enabling judges and staff to
               work remotely to the maximum extent possible, and minimizing the need for full
               bench participation in pre-trial and pre-appeal hearing work, in order to produce
               substantial reductions in the costs of judicial activities compared to those of the
               ICTY and ICTR, and commends the Mechanism for its efforts to produce such
               reductions;
                     19. Notes further the views and recommendations made with regard to the
               Mechanism’s work by the Council’s Informal Working Group on International
               Tribunals, as reflected in this resolution, and requests the Mechanism to take into
               account those views and implement the recommendations, and to continue to take
               steps, such as those referred to in paragraph 18, to further enhance efficiency and
               effective and transparent management, in particular full implemen tation of the
               outstanding recommendations of the OIOS; production of more focused projections
               of completion timelines and disciplined adherence thereto, including by making the
               best use of the diverse approaches of common law and civil law systems;
               enhancement of the geographic diversity and gender balance of staff, while ensuring
               continued professional expertise; implementation of a human resources policy
               consistent with its temporary mandate; and further reduction of costs, including
               through, but not limited to, flexible staff engagement;




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                 20. Further requests the Mechanism to include in its six-monthly reports to
           the Council information on progress achieved in implementing this resolution, as
           well as detailed information on the staffing of the Mechanism, respective workload
           and related costs with breakdown by division and detailed projections of the
           duration of residual functions based on available data;
                21. Further notes the conclusion of the Council’s review of the progress of
           the work of the Mechanism, including in completing its functions, during its initial
           period, pursuant to resolution 1966 (2010);
                22. Recalls, with a view to strengthening independent oversight of the
           Mechanism, that, as set out in its Presidential Statement of 16 November 2015
           (S/PRST/2015/21), future reviews carried out pursuant to paragraph 17 of resolution
           1966 (2010) shall include evaluation reports sought from the OIOS with respect to
           the methods and work of the Mechanism;
                 23. Encourages the Mechanism and the Government of Rwanda to
           collaborate on matters related to the legacy of the ICTR with respect to
           reconciliation and justice in Rwanda, including in respect of access to archives;
                24.   Decides to remain seized of the matter.




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