Security Council resolution 2329 (2016) [on extension of the terms of office of permanent judges, Prosecutor and President of the International Tribunal for the Former Yugoslavia (ICTY)]
Symbol: S/RES/2329 (2016)
Date: 2016-12-19
Status: adopted
Agenda: S/71 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/71 [60] FORMER YUGOSLAVIA SITUATION
S/ X 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.
Subjects: 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 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 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|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|JUDGES|APPOINTMENT OF OFFICIALS|FORMER YUGOSLAVIA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                  S/RES/2329 (2016)
               Security Council                                                Distr.: General
                                                                               19 December 2016




               Resolution 2329 (2016)
               Adopted by the Security Council at its 7842nd meeting, on
               19 December 2016

                    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 Tribunal for the former Yugoslavia (“ICTY” ) being brought to justice,
                    Recalling its resolutions 827 (1993) of 25 May 1993, 1503 (2003) of
               28 August 2003, 1534 (2004) of 26 March 2004, 1966 (2010) of 22 December 2010,
               2256 (2015) of 22 December 2015 and 2306 (2016) of 6 September 2016,
                    Recalling the appointment of Judge Burton Hall by the Secretary-General as a
               judge of the ICTY to be assigned on an ad hoc and temporary basis to the Appeals
               Chamber,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 11 November 2016 (S/2016/959), attaching a letter from the President
               of the ICTY dated 4 November 2016,
                   Taking into account the assessment by the ICTY in its Completion Strategy
               Report (S/2016/976), and the trial and appeal schedules,
                     Noting the concerns expressed by the President of the ICTY about staffing,
               and reaffirming that staff retention is essential for the most expeditious completion
               of the ICTY’s work,
                    Having regard to Article 16 of the Statute of the ICTY,
                    Having considered the nomination by the Secretary-General to reappoint
               Mr. Serge Brammertz as Prosecutor of the ICTY (S/2016/959),
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Reiterates its request to the ICTY to complete its work and facilitate the
               closure of the Tribunal as expeditiously as possible with the aim of completing the
               transition to the International Residual Mechanism for Criminal Tribunals (“the
               Mechanism”) and, in light of resolution 1966 (2010), to redouble its efforts to




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S/RES/2329 (2016)


               review its projected case completion dates with a view towards shortening them as
               appropriate and to prevent any additional delays;
                     2.    Takes note of the commitment of the ICTY to complete its judicial work
               no later than 30 November 2017;
                    3.    Takes note of the request of the President of the ICTY for a final
               extension of the terms of office of the permanent judges of the ICTY, until
               30 November 2017 or until the completion of the cases to which they are or will be
               assigned, if sooner, and strongly emphasizes that the following extensions and
               reappointment should be final;
                    4.    Decides under this condition:
                    (a) To extend the terms of office of the following permanent judges of the
               ICTY, who are members of the Trial Chamber and the Appeals Chamber, until
               30 November 2017 or until the completion of the cases to which they are or will be
               assigned, if sooner:
                    Carmel Agius (Malta)
                    Liu Daqun (China)
                    Christoph Flügge (Germany)
                    Theodor Meron (United States of America)
                    Bakone Justice Moloto (South Africa)
                    Alphons Orie (The Netherlands)
                    Fausto Pocar (Italy)
                     (b) To reappoint Mr. Serge Brammertz as Prosecutor of the ICTY,
               notwithstanding the provisions of Article 16, paragraph 4, of the Statute of the ICTY
               related to the length of the term of office of the Prosecuto r, for a term with effect
               from 1 January 2017 until 30 November 2017, which is subject to earlier
               termination by the Security Council upon the completion of the work of the ICTY;
                     5.   Decides to extend the term of office of Judge Carmel Agius as President
               of the ICTY until 31 December 2017 or until one month after the completion of the
               cases referred to in paragraph 4 above, if sooner;
                     6.  Underlines that States should cooperate fully with the ICTY, as well as
               with the Mechanism;
                      7.   Commends the Office of Internal Oversight Services (OIOS) for the
               evaluation and recommendations made pursuant to resolution 2256 (2015), issued in
               the Report of the OIOS on Evaluation of the Methods and Work of the ICTY
               (S/2016/441), and encourages the ICTY to continue reporting on its implementation
               in its next six-monthly report to the Council on progress towards implementation of
               the ICTY Completion Strategy, without prejudice to the primacy given to the
               completion of its work;
                    8.    Welcomes the adoption of the “Code of Professional Conduct for the
               Judges of the Tribunal”, and emphasizes the importance of developing a disciplinary
               mechanism for judges;
                    9.    Decides to remain seized of the matter.




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