Security Council resolution 2529 (2020) [on appointment of the Prosecutor of the International Residual Mechanism for Criminal Tribunals with effect from 1 July 2020 until 30 June 2022]
Symbol: S/RES/2529 (2020)
Date: 2020-06-25
Status: adopted
Agenda: S/75 [98] INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS
S/75 [95] RWANDA SITUATION
S/75 [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|RWANDA SITUATION
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: BELGIUM
vote: yes
country: CHINA
vote: yes
country: DOMINICAN REPUBLIC
vote: yes
country: ESTONIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: INDONESIA
vote: yes
country: NIGER
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SAINT VINCENT AND THE GRENADINES
vote: yes
country: SOUTH AFRICA
vote: yes
country: TUNISIA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                     S/RES/2529 (2020)
               Security Council                                                 Distr.: General
                                                                                25 June 2020




               Resolution 2529 (2020)
               Adopted by the Security Council on 25 June 2020

                       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 2422 (2018) adopted on 27 June 2018
               appointing the Prosecutor of the Mechanism for a period from 1 July 2018 until
               30 June 2020, 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/2020/580),
                     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
               adopted during the review period,
                    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
               2020,




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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 of the Mechanism in June
               2018, pursuant to paragraph 17 of resolution 1966 (2010) and in accordance with the
               procedure set out in the statement of its President of 28 February 2020
               (S/PRST/2020/4),
                    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 2020 until
               30 June 2022;
                    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;
                     4.    Notes with concern that the Mechanism faces 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.   Welcomes the arrest in France on 16 May 2020 of Félicien Kabuga,
               indicted for genocide and crimes against humanity allegedly committed in Rwanda in
               1994, commends the cooperation between the Mechanism, in particular the Office of
               the Prosecutor, and law enforcement and judicial authorities in France, as well as
               Rwanda, Belgium, the United Kingdom, Germany, Austria, the Netherlands,
               Luxembourg, the United States, Switzerland and others, together with EUROPOL and
               INTERPOL, which contributed to locating and to the arrest of the fugitive, and
               recognises this is an important step of cooperation with the Mechanism, in accordance
               with paragraph 4 of resolution 2422 (2018), to bring to justice persons indicted by the
               ICTR;
                     6.    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;
                     7.   Welcomes the report (S/2020/309) submitted by the Mechanism to the
               Council pursuant to its Presidential Statement (S/PRST/2020/4) 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/2020/236), taking note of the OIOS’s conclusions on
               the Mechanism’s implementation of the OIOS recommendations and paragraph 8 of
               resolution 2422 (2018);
                      8.   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 and staff are utilized only when required, enabling judges and
               staff to work remotely to the maximum extent possible, and minimizing the need for


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           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;
                  9.   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 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;
                 10. Reiterates its request to the Mechanism to include in its six-monthly
           reports to the Council information on progress achieved in implementing t his
           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;
                11. 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;
                12. 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, conditions on early release in
           appropriate cases were put in place and the Mechanism refined procedures in this
           regard;
                 13. 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 2018, pursuant to resolution 1966 (2010);
                14. Recalls, with a view to strengthening independent oversight of the
           Mechanism, that, as set out in its Presidential Statement ( S/PRST/2020/4), 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;
                15.   Decides to remain seized of the matter.




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