Security Council resolution 2637 (2022) [on appointment of the Prosecutor of the International Residual Mechanism for Criminal Tribunals with effect from 1 July 2022 until 30 June 2024]
Symbol: S/RES/2637 (2022)
Date: 2022-06-22
Status: adopted
Agenda: S/77 [98] INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS
S/77 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/77 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/77 [95] RWANDA SITUATION
S/77 [60] FORMER YUGOSLAVIA SITUATION
S/ X International Residual Mechanism for Criminal Tribunals.
Subjects: Brammertz, Serge|International Residual Mechanism for Criminal Tribunals|International Residual Mechanism for Criminal Tribunals. Prosecutor|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|PROSECUTORS|APPOINTMENT OF OFFICIALS|WAR CRIMES|TRIALS|PROSECUTION|FORMER YUGOSLAVIA SITUATION|RWANDA SITUATION
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: ALBANIA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GHANA
vote: yes
country: INDIA
vote: yes
country: IRELAND
vote: yes
country: KENYA
vote: yes
country: MEXICO
vote: yes
country: NORWAY
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: UNITED ARAB EMIRATES
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/2637 (2022)
               Security Council                                                 Distr.: General
                                                                                22 June 2022




               Resolution 2637 (2022)
               Adopted by the Security Council at its 9072nd meeting, on
               22 June 2022

                       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 and, in this regard,
               recalling the mandate of the International Residual Mechanism for Criminal Tribunals
               (Mechanism) established by resolution 1966 (2010) of 22 December 2010,
                    Recalling Article 25 and Article 26 of the Statute of the Mechanism, set out in
               Annex 1 to resolution 1966 (2010), concerning the supervision of the enforcement of
               sentences and pardon or commutation of sentences, respectively,
                       Having regard to Article 14, paragraph 4 of the Statute of the Mechanism,
                     Recalling its decision in resolution 2529 (2020) adopted on 25 June 2020
               appointing the Prosecutor of the Mechanism for a period from 1 July 2020 until
               30 June 2022, and that the Prosecutor of the Mechanism may be appointed or
               reappointed for a two-year term, notwithstanding Article 14, paragraph 4 of the
               Statute of the Mechanism,
                   Having considered the nomination by the Secretary-General of Mr. Serge
               Brammertz as Prosecutor of the Mechanism (S/2022/486),
                     Recalling the strong need for States to cooperate with the Mechanism to achieve
               the arrest and surrender of those remaining fugitives indicted by the ICTR, and, in
               this regard, recalling also General Assembly resolution 74/273 of 21 April 2020,
                    Recalling its decision in resolution 1966 (2010) that the Mechanism shall
               operate for an initial period of four years from the first commencement date referred
               to in paragraph 1 of the resolution, to review the progress of the work of the
               Mechanism, including in completing its functions, before the end of this initial period
               and every two years thereafter, and that the Mechanism shall continue to operate for
               subsequent periods of two years following each such review, unless the Security
               Council decides otherwise,
                       Noting that the current period of operation of the Mechanism ends on 30 June
               2022,




22-09854 (E)
*2209854*

S/RES/2637 (2022)

                    Having conducted its review of the progress of the work of the Mechanism,
               including in completing its functions, since the last review of the Mechanism in June
               2020, pursuant to paragraph 17 of resolution 1966 (2010) and in accordance with the
               procedure set out in the statement of its President of 31 March 2022 ( S/PRST/2022/2),
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Decides to appoint Mr. Serge Brammertz as Prosecutor of the International
               Residual Mechanism for Criminal Tribunals with effect from 1 July 2022 until
               30 June 2024;
                    2.    Urges States to cooperate fully with the Mechanism;
                    3.    Continues to urge all States, especially States where fugitives are
               suspected of being 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 and to
               cooperate to enforce sentences pronounced by the ICTR, ICTY and the Mechanism,
               and welcomes the continuing support already provided by States in this regard;
                     4.    Notes with concern that despite reaching an earlier agreement, the
               Mechanism continues to face problems in the relocation of acquitted persons and
               convicted persons who have completed serving their sentence, emphasises the
               importance of finding expeditious and durable solutions to these problems, including
               as part of a reconciliation process, encourages all efforts to that end, and, in this
               regard, reiterates its call upon all States to cooperate with and render all necessary
               assistance to the Mechanism;
                     5.    Notes that decisions on the relocation of persons who have been acquitted
               or completed their sentences should take into account inter alia the readiness of the
               state of origin to accept its nationals, the consent or any objections raised by the
               individuals to be relocated and the availability of other reloca tion states;
                     6.    Takes note of the recent judgments of the Mechanism and developments in
               locating fugitives, commends the cooperation between the Mechanism, States and
               international organisations, which contributed to these developments, and recognises
               these as important steps of cooperation with the Mechanism, in accordance with
               paragraph 3 of resolution 2529 (2020); and further notes the Prosecutor’s findings on
               12 May 2022 and on 18 May 2022 of the deaths of Protais Mpiranya on 5 October
               2006 and Phénéas Munyarugarama on 28 February 2002 respectively, that Mpiranya
               was the last fugitive of the ICTR expected to be tried before the Mechanism, and that
               the remaining four fugitives indicted by the ICTR re main at large and are expected to
               be tried by Rwanda, subject to the conditions set out in the relevant referral decisions;
                     7.    Emphasises 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 small number of
               staff commensurate with its reduced functions, and, recognising in this regard the full
               commitment to these elements expressed by the Mechanism , requests the Mechanism
               to continue to be guided in its activities by these elements;
                     8.   Welcomes the report (S/2022/319) submitted by the Mechanism to the
               Council pursuant to its Presidential Statement (S/PRST/2022/2) 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 (2010), and the report of
               the Office of Internal Oversight Services (OIOS) on the evaluation of the methods
               and work of the Mechanism (S/2022/148), taking note of the OIOS’s conclusions on
               the Mechanism’s implementation of the OIOS recommendations and paragraph 9 of
               resolution 2529(2020);


2/3                                                                                                        22-09854

                                                                                                 S/RES/2637 (2022)

                 9.    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 use of
           rosters to ensure judges are utilized only when required, enabling judges 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;
                  10. 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 to further enhance efficiency and effective and transparent management, in
           particular: (i) full implementation of the outstanding recommendations of the OIOS;
           (ii) production of clear and focused projections of completion timelines for all of the
           Mechanism’s activities including, in particular, in relation to ongoing cases and the
           supervision of the enforcement of sentences at the earliest stage possible and
           disciplined adherence thereto; (iii) continued ensuring of geographic diversity and
           gender balance of staff, while ensuring continued professional expertise;
           (iv) continued implementation of a human resources policy consistent with its
           temporary mandate; (v) further reduction of costs, including through, but not limited
           to, flexible staff engagement; and (vi) coordination and information sharing across
           the three organs of the Mechanism on matters that affected them equally in order to
           ensure systematic thinking and planning about the future;
                11. Calls upon the Mechanism, as part of its completion strategy, to provide
           options regarding the transfer of its remaining activities in du e course;
                 12. Reiterates its request to 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 and overall posts 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;
                13. Recalls the importance of ensuring the rights of persons detained on the
           authority of the Mechanism in accordance with applicable international standards,
           including those related to health care;
                14. Recalls its encouragement to the Mechanism in resolution 2422 (2018) to
           consider an appropriate solution to the approach to early release of persons convicted
           by the ICTR, and notes that during the review period from 1 July 2018 to 30 June
           2020, conditions on early release in appropriate cases were put in place and the
           Mechanism refined procedures in this regard;
                 15. Notes the conclusion of the Council’s review of the progress of the work
           of the Mechanism, including in completing its functions, since the last review of the
           Mechanism in June 2020, pursuant to resolution 1966 (2010);
                16. Recalls, with a view to strengthening independent oversight of the
           Mechanism, that, as set out in its Presidential Statement ( S/PRST/2022/2), 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;
                17.   Decides to remain seized of the matter.



22-09854                                                                                                       3/3