Security Council resolution 2054 (2012) [on extension of the terms of office of judges of the International Criminal Tribunal for Rwanda (ICTR)]
Symbol: S/RES/2054(2012)
Date: 2012-06-29
Status: adopted
Agenda: S/67 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/67 [95] RWANDA SITUATION
Subjects: Sekule, William Hussein > (United Republic of Tanzania)|Bossa, Solomy B. > (Uganda)|Rajohnson, Mparany Mamy Richard > (Madagascar)|Joensen, Vagn Prusse > (Denmark)|Ngirabatware, Augustin|International Criminal Tribunal for Rwanda|International Criminal Tribunal for Rwanda. President|International Residual Mechanism for Criminal Tribunals|Charter of the United Nations (1945). Chapter VII|TRIALS|JUDGES|RWANDA SITUATION|ARREST|JUDICIAL ASSISTANCE|INTERNATIONAL CRIMINAL COURTS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/2054 (2012)
               Security Council                                                 Distr.: General
                                                                                29 June 2012




               Resolution 2054 (2012)
               Adopted by the Security Council at its 6794th meeting, on
               29 June 2012

                    The Security Council,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 1 June 2012 (S/2012/392) attaching a letter from the President of the
               International Criminal Tribunal for Rwanda (“the International Tribunal”) dated
               21 May 2012,
                    Recalling its resolution 955 (1994) of 8 November 1994, 1503 (2003) of
               28 August 2003 and 1534 (2004) of 26 March 2004, and its previous resolutions
               concerning the International Tribunal,
                    Recalling also its resolution 1966 (2010) of 22 December 2010, establishing
               the International Residual Mechanism for Criminal Tribunals (“the Mechanism”)
               and requesting the International Tribunal to take all possible measures to
               expeditiously complete all its remaining work no later than 31 December 2014,
               prepare its closure and ensure a smooth transition to the Mechanism,
                    Recalling further that the branch of the Mechanism for the International
               Criminal Tribunal for Rwanda shall commence functioning on 1 July 2012 and
               welcoming the preparatory steps that have been taken in this regard,
                     Taking note of the assessments by the International Tribunal in its Completion
               Strategy Report (S/2012/349), and the updated trial and appeals schedule,
                     Noting the successful referral of cases to Rwanda for prosecution, and
               emphasizing the importance of ensuring appropriate monitoring of the referred cases
               and respecting at all times the rights of accused persons transferred from the
               International Tribunal to Rwanda,
                    Noting that one permanent judge will be redeployed from the Trial Chamber to
               the Appeals Chamber and five ad litem judges will leave the International Tribunal
               before 30 June 2012, on the completion of the cases to which they are assigned,
                     Noting the concerns expressed by the President and Prosecutor of the
               International Tribunal about staffing, and reaffirming that staff retention is essential
               for the timely completion of the International Tribunal’s work,




12-39761 (E)
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S/RES/2054 (2012)


                      Noting with concern that the International Tribunal continues to face problems in
               the relocation of acquitted persons and convicted persons who have completed serving
               their sentences, and emphasizing the importance of successful relocation of such persons,
                    Urging the International Tribunal to take all possible measures to complete its
               work expeditiously as requested in resolution 1966 (2010),
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides that, notwithstanding the expiry of their term of office on 30 June
               2012, Judge William H. Sekule (United Republic of Tanzania), Judge Solomy Balungi
               Bossa (Uganda) and Judge Mparany Mamy Richard Rajohnson (Madagascar) may
               continue, on an exceptional basis, to serve at the International Tribunal until
               31 December 2012 or until the completion of the Ngirabatware case which they
               began before the expiry of their term of office, while taking note of the intention of
               the International Tribunal to complete the Ngirabatware case by 31 December 2012;
                    2.    Takes note of the intention of the International Tribunal to complete all
               remaining judicial work by 31 December 2014 and decides, bearing in mind the
               expiry of his term of office on 30 June 2012, to extend the term of office of Judge
               Vagn Joensen (Denmark), on an exceptional basis, until 31 December 2014 so that
               he may continue to perform the functions required of him as trial judge and
               President of the International Tribunal, to complete the work of the Tribunal and
               expresses its intention to review this decision in June 2013;
                     3.   Requests the International Tribunal to report to the Security Council, as a
               part of its pending report to the Security Council on the Completion Strategy
               pursuant to resolution 1534 (2004) of 26 March 2004, on the projected schedule of
               the coordinated transition of functions of the International Tribunal to the
               Mechanism pursuant to articles 5 and 6 of the Transitional Arrangements annexed to
               resolution 1966 (2010) of 22 December 2010 with concrete estimated dates, taking
               into account that the branch for the ICTR of the International Residual Mechanism
               for Criminal Tribunals commences functioning on 1 July 2012, with a view to
               completing all remaining work in the International Tribunal and its closure as early
               as possible and no later than 31 December 2014;
                     4.   Reiterates the importance of the International Tribunal being adequately
               staffed to complete its work expeditiously and calls upon relevant United Nations
               bodies to intensify cooperation with the Secretariat and the Registrar of the
               International Tribunal and to take a flexible approach in order to find practicable
               solutions to address this issue as the International Tribunal approaches the
               completion of its work, and at the same time calls upon the International Tribunal to
               renew its efforts to focus on its core functions;
                     5.    Urges all States, especially States where fugitives are suspected to be at
               large, to intensify further their cooperation with and render all necessary assistance
               to the International Tribunal, in particular to achieve the arrest and surrender of all
               remaining fugitives as soon as possible;
                    6.    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 in a position to do so to cooperate with and
               render all necessary assistance to the International Tribunal for its increased efforts
               towards the relocation of acquitted persons and convicted persons who have
               completed serving their sentences;
                    7.    Decides to remain seized of the matter.


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