Security Council resolution 2422 (2018) [on appointment of the Prosecutor of the International Residual Mechanism for Criminal Tribunals with effect from 1 July 2018 until 30 June 2020]
Symbol: S/RES/2422 (2018)
Date: 2018-06-27
Status: adopted
Agenda: S/73 [98] INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS
S/73 [95] RWANDA SITUATION
S/73 [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|FORMER YUGOSLAVIA SITUATION
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: yes
country: CHINA
vote: yes
country: CÔTE D'IVOIRE
vote: yes
country: EQUATORIAL GUINEA
vote: yes
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: KAZAKHSTAN
vote: yes
country: KUWAIT
vote: yes
country: NETHERLANDS
vote: yes
country: PERU
vote: yes
country: POLAND
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SWEDEN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/2422 (2018)
               Security Council                                                 Distr.: General
                                                                                27 June 2018




               Resolution 2422 (2018)
               Adopted by the Security Council at its 8295th meeting, on
               27 June 2018

                       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 the Security Council Press Statement of 31 December 2017,
                    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, respecti vely,
                       Having regard to Article 14, paragraph 4 of the Statute of the Mechanism,
                     Recalling its decision in resolution 2269 (2016) adopted on 29 February 2016
               appointing the Prosecutor of the Mechanism for a period from 1 March 2016 until
               30 June 2018, 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 to Mr. Serge
               Brammertz as Prosecutor of the Mechanism (S/2018/626),
                    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,
                     Recalling its decision by 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, and to review the progress of the wor k 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 Sec urity
               Council decides otherwise,
                       Noting that the current period of operation of the Mechanism ends on 30 June
               2018,



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                    Having conducted its review of the progress of the work of the Mechanism,
               including in completing its functions, since the last review o f the Mechanism in
               December 2015, pursuant to paragraph 17 of resolution 1966 (2010) and in
               accordance with the procedure set out in the statement of its President of 19 March
               2018 (S/PRST/2018/6),
                    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 2018 until
               30 June 2020;
                    2.    Underlines that States should cooperate fully with the Mechanism;
                     3.     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 acquitted persons
               and convicted persons who have completed serving their sentences;
                     4.    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;
                      5.   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 small number of
               staff commensurate with its reduced functions, and, recognizing in this regard the fu ll
               commitment to these elements expressed by the Mechanism, urges the Mechanism to
               continue to be guided in its activities by these elements;
                     6.   Welcomes the report (S/2018/347) submitted by the Mechanism to the
               Council pursuant to its Presidential State ment (S/PRST/2018/6) 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, and
               the report of the Office of Internal Oversight Services (OIOS) on the evaluation of
               the methods and work of the Mechanism (S/2018/206);
                     7.    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;
                     8.   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 7, to further enhance efficiency and
               effective and transparent management, in particular: (i) full implementation of the
               outstanding recommendations of the OIOS; (ii) 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;


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           (iii) enhancement of the geographic diversity and gender balance of staff, while
           ensuring continued professional expertise; (iv) implementation of a human resources
           policy consistent with its temporary mandate; and (v) further reduction of costs,
           including through, but not limited to, flexible staff engagement;
                 9.   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 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;
                10. Notes the views and concerns expressed by some Member States during
           the Security Council debate on 6 June 2018 about the current approach of the
           Mechanism to early release of persons convicted by the ICTR, and encourages the
           Mechanism to consider an appropriate solution, including by considering putting in
           place conditions on early release in appropriate cases;
                 11. Notes the conclusion of the Council’s review of the progress of the work
           of the Mechanism, including in completing its functions, since the la st review of the
           Mechanism in December 2015, pursuant to resolution 1966 (2010);
                12. Recalls, with a view to strengthening independent oversight of the
           Mechanism, that, as set out in its Presidential Statement of 19 March 2018
           (S/PRST/2018/6), 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;
                13.   Decides to remain seized of the matter.




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