Security Council resolution 1534 (2004) [on necessity of trial of persons indicted by the International Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda]
Symbol: S/RES/1534(2004)
Date: 2004-03-26
Status: adopted
Agenda: S/59 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/59 [75] FORMER YUGOSLAVIA--HUMAN RIGHTS
S/59 [60] FORMER YUGOSLAVIA SITUATION
S/59 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/59 [95] RWANDA SITUATION
S/59 [98] RWANDA--HUMAN RIGHTS
Subjects: Karadzic, Radovan V.|Mladic, Ratko|Gotovina, Ante|Kabuga, Felicien|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 Criminal Tribunal for Rwanda|Armée patriotique rwandaise|UN. Security Council (58th year : 2003) > Resolutions and decisions|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. Prosecutor|International Criminal Tribunal for Rwanda. Prosecutor|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 Criminal Tribunal for Rwanda. President|Charter of the United Nations (1945). Chapter VII|TRIALS|CRIMINAL INVESTIGATION|INDICTMENTS|SERBIA AND MONTENEGRO|CROATIA|BOSNIA AND HERZEGOVINA|REPUBLIKA SRPSKA (BOSNIA AND HERZEGOVINA)|RWANDA|INTERNATIONAL CRIMINAL COURTS|FORMER YUGOSLAVIA SITUATION|BOSNIA AND HERZEGOVINA SITUATION|CROATIA SITUATION|RWANDA SITUATION|JUDICIAL ASSISTANCE|KENYA|DEMOCRATIC REPUBLIC OF THE CONGO|CONGO|DOMESTIC JURISDICTION|PROSECUTION|REPORT PREPARATION|IMPRISONMENT|LAW ENFORCEMENT|JUDICIAL SYSTEM|RULE OF LAW|DONOR COUNTRIES|WAR CRIMES|SARAJEVO (BOSNIA AND HERZEGOVINA)|FINANCIAL ASSISTANCE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALGERIA
vote: yes
country: ANGOLA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: PAKISTAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1534 (2004)
               Security Council                                                 Distr.: General
                                                                                26 March 2004




               Resolution 1534 (2004)
               Adopted by the Security Council at its 4935th meeting, on
               26 March 2004

                    The Security Council,
                    Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8
               November 1994, 978 (1995) of 27 February 1995, 1165 (1998) of 30 April 1998,
               1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17
               May 2002, 1431 (2002) of 14 August 2002, and 1481 (2003) of 19 May 2003,
                   Recalling and reaffirming in the strongest terms the statement of 23 July 2002
               made by the President of the Security Council (S/PRST/2002/21) endorsing the
               ICTY’s completion strategy and its resolution 1503 (2003) of 28 August 2003,
                    Recalling that resolution 1503 (2003) called on the International Criminal
               Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal
               for Rwanda (ICTR) 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 (the Completion Strategies), and requested the
               Presidents and Prosecutors of the ICTY and ICTR, in their annual reports to the
               Council, to explain their plans to implement the Completion Strategies,
                    Welcoming the presentations made by the ICTY and ICTR Presidents and
               Prosecutors to the Security Council on 9 October 2003,
                     Commending the important work of both Tribunals in contributing to lasting
               peace and security and national reconciliation and the progress made since their
               inception, commending them on their efforts so far to give effect to the Completion
               Strategies and calling on them to ensure effective and efficient use of their budgets,
               with accountability,
                     Reiterating its support for the ICTY and ICTR Prosecutors in their continuing
               efforts to bring at large indictees before the ICTY and the ICTR,
                    Noting with concern the problems highlighted in the presentations to the
               Security Council on 9 October 2003 in securing adequate regional cooperation,
                     Also noting with concern indications in the presentations made on 9 October,
               that it might not be possible to implement the Completion Strategies set out in
               resolution 1503 (2003),


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S/RES/1534 (2004)


                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Reaffirms the necessity of trial of persons indicted by the ICTY and
               reiterates its call on all States, especially Serbia and Montenegro, Croatia and
               Bosnia and Herzegovina, and on the Republika Srpska within Bosnia and
               Herzegovina, to intensify cooperation with and render all necessary assistance to the
               ICTY, particularly to bring Radovan Karadzic and Ratko Mladic, as well as Ante
               Gotovina and all other indictees to the ICTY and calls on all at-large indictees of the
               ICTY to surrender to the ICTY;
                     2.    Reaffirms the necessity of trial of persons indicted by the ICTR and
               reiterates its call on all States, especially Rwanda, Kenya, the Democratic Republic
               of the Congo and the Republic of the Congo to intensify cooperation with and
               render all necessary assistance to the ICTR, including on investigations of the
               Rwandan Patriotic Army and efforts to bring Felicien Kabuga and all other such
               indictees to the ICTR and calls on all at-large indictees of the ICTR to surrender to
               the ICTR;
                     3.    Emphasizes the importance of fully implementing the Completion
               Strategies, as set out in paragraph 7 of resolution 1503 (2003), that calls on the
               ICTY and ICTR 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, and urges each Tribunal to plan and act accordingly;
                     4.    Calls on the ICTY and ICTR Prosecutors to review the case load of the
               ICTY and ICTR respectively in particular with a view to determining which cases
               should be proceeded with and which should be transferred to competent national
               jurisdictions, as well as the measures which will need to be taken to meet the
               Completion Strategies referred to in resolution 1503 (2003) and urges them to carry
               out this review as soon as possible and to include a progress report in the
               assessments to be provided to the Council under paragraph 6 of this resolution;
                     5.   Calls on each Tribunal, in reviewing and confirming any new
               indictments, to ensure that any such indictments concentrate on the most senior
               leaders suspected of being most responsible for crimes within the jurisdiction of the
               relevant Tribunal as set out in resolution 1503 (2003);
                     6.    Requests each Tribunal to provide to the Council, by 31 May 2004 and
               every six months thereafter, assessments by its President and Prosecutor, setting out
               in detail the progress made towards implementation of the Completion Strategy of
               the Tribunal, explaining what measures have been taken to implement the
               Completion Strategy and what measures remain to be taken, including the transfer of
               cases involving intermediate and lower rank accused to competent national
               jurisdictions; and expresses the intention of the Council to meet with the President
               and Prosecutor of each Tribunal to discuss these assessments;
                     7.    Declares the Council’s determination to review the situation, and in the
               light of the assessments received under the foregoing paragraph to ensure that the
               time frames set out in the Completion Strategies and endorsed by resolution 1503
               (2003) can be met;
                    8.   Commends those States which have concluded agreements for the
               enforcement of sentences of persons convicted by the ICTY or the ICTR or have
               otherwise accepted such convicted persons to serve their sentences in their



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respective territories; encourages other States in a position to do so to act likewise;
and invites the ICTY and the ICTR to continue and intensify their efforts to
conclude further agreements for the enforcement of sentences or to obtain the
cooperation of other States in this regard;
     9.    Recalls that the strengthening of competent national judicial systems is
crucially important to the rule of law in general and to the implementation of the
ICTY and ICTR Completion Strategies in particular;
      10. Welcomes in particular the efforts of the Office of the High
Representative, ICTY, and the donor community to create a war crimes chamber in
Sarajevo; encourages all parties to continue efforts to establish the chamber
expeditiously; and encourages the donor community to provide sufficient financial
support to ensure the success of domestic prosecutions in Bosnia and Herzegovina
and in the region;
     11.   Decides to remain actively seized of the matter.




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