Security Council resolution 2081 (2012) [on extension of the terms of office of permanent and ad litem judges at the International Criminal Tribunal for the Former Yugoslavia (ICTY) until 31 Dec. 2013]
Symbol: S/RES/2081 (2012)
Date: 2012-12-17
Status: adopted
Agenda: S/67 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/67 [60] FORMER YUGOSLAVIA SITUATION
Subjects: Agius, Carmel A. > (Malta)|Liu, Daqun > (China)|Meron, Theodor > (United States)|Pocar, Fausto > (Italy)|Robinson, Patrick > (Jamaica)|Antonetti, Jean-Claude > (France)|Delvoie, Guy > (Belgium)|Hall, Burton, Sir > (Bahamas)|Flügge, Christoph > (Germany)|Kwon, O-gon > (Republic of Korea)|Moloto, Bakone Melema > (South Africa)|Morrison, Howard > (United Kingdom)|Orie, Alphons > (The Netherlands)|Gwaunza, Elizabeth > (Zimbabwe)|Picard, Michèle > (France)|Prandler, Árpád > (Hungary)|Trechsel, Stefan > (Switzerland)|Baird, Melville > (Trinidad and Tobago)|Lattanzi, Flavia > (Italy)|Mindua, Antoine Kesia-Mbe > (Democratic Republic of the Congo)|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 > Members|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 Residual Mechanism for Criminal Tribunals|Charter of the United Nations (1945). Chapter VII|JUDGES|TRIALS|FORMER YUGOSLAVIA SITUATION
Votes in favour: 14
Votes against: 0
Abstentions: 1
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: abstention
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                  S/RES/2081 (2012)
               Security Council                                                Distr.: General
                                                                               17 December 2012




               Resolution 2081 (2012)
               Adopted by the Security Council at its 6889th meeting, on
               17 December 2012

                    The Security Council,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 14 November 2012 (S/2012/845) attaching a letter from the President
               of the International Tribunal for the former Yugoslavia (“the International Tribunal”)
               dated 29 October 2012,
                     Recalling its resolution 827 (1993) of 25 May 1993, 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 also its previous resolutions on the extension of the terms of office
               of the permanent and ad litem judges at the International Tribunal, who are members
               of the Trial Chambers and the Appeals Chamber,
                    Recalling further that the branch of the Mechanism for the International
               Tribunal for the former Yugoslavia shall commence functioning on 1 July 2013 and
               welcoming the preparatory steps that have been taken in this regard,
                    Taking into account the assessments by the International Tribunal in its
               Completion Strategy Report (S/2012/847), and the updated trial and appeals
               schedule,
                    Noting the concerns expressed by the President of the International Tribunal
               about staffing, and reaffirming that staff retention is essential for the timely
               completion of the International Tribunal’s work,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Requests the ICTY to take all possible measures to complete its work as
               expeditiously as possible with the aim to facilitate the closure of the Tribunal,
               taking into account resolution 1966 (2010) which requested the International


12-65269 (E)
*1265269*

S/RES/2081 (2012)


               Tribunal to complete its trial and appeals proceedings by 31 December 2014, and
               recognizes that concerns have been expressed that its current trial and appeal
               schedules go beyond 31 December 2014;
                     2.   Requests the International Tribunal to present by 15 April 2013 a
               consolidated comprehensive plan on the completion strategy, closure and transition
               to the Mechanism, as recommended by the Board of Auditors, and updated and
               detailed schedules for each of the individual cases with a timeline for each
               procedural part of the case;
                     3.   Decides to examine the consolidated comprehensive plan referred to in
               paragraph 2 of this resolution before 30 June 2013 with a view to considering what
               further recommendations should be made to facilitate the International Tribunal’s
               progress toward completion, closure and transition to the Mechanism as soon as
               possible as requested in resolution 1966 (2010), which could include
               recommendations on all possible measures to scrutinize the operation and
               functioning of the Tribunal with the objective of ensuring the most efficient use of
               the Tribunal’s resources and the completion of the Tribunal’s mandate;
                    4.    Underlines that States should cooperate fully with the International
               Tribunal, including through the provision of information to assist the Tribunal in its
               work, as well as with the Mechanism;
                    5.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal, who are members of the Appeals Chamber, until
               31 December 2013 or until the completion of the cases to which they are assigned, if
               sooner:
                    Carmel Agius (Malta)
                    Liu Daqun (China)
                    Theodor Meron (United States of America)
                    Fausto Pocar (Italy)
                    Patrick Robinson (Jamaica)
                    6.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal, who are members of the Trial Chambers, until
               31 December 2013 or until the completion of the cases to which they are assigned, if
               sooner:
                    Jean-Claude Antonetti (France)
                    Guy Delvoie (Belgium)
                    Burton Hall (The Bahamas)
                    Christoph Flügge (Germany)
                    O-Gon Kwon (South Korea)
                    Bakone Justice Moloto (South Africa)
                    Howard Morrison (United Kingdom)
                    Alphons Orie (The Netherlands)
                    7.    Decides to extend the term of office of the following ad litem judges at
               the International Tribunal, who are members of the Trial Chambers, until 1 June
               2013 or until the completion of the cases to which they are assigned, if sooner:
                    Elizabeth Gwaunza (Zimbabwe)
                    Michèle Picard (France)



2                                                                                                       12-65269

                                                                                              S/RES/2081 (2012)


                Árpád Prandler (Hungary)
                Stefan Trechsel (Switzerland)
                 8.    Decides to extend the term of office of ad litem Judge Frederik Harhoff
           (Denmark), who is a member of the Trial Chambers, until 31 December 2013 or
           until the completion of the cases to which he is assigned, if sooner;
                9.   Decides to extend the term of office of the following ad litem judges at
           the International Tribunal, who are members of the Trial Chambers, until
           31 December 2013 or until the completion of the cases to which they are assigned, if
           sooner:
                Melville Baird (Trinidad and Tobago)
                Flavia Lattanzi (Italy)
                Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)
                10.   Decides to remain seized of the matter.




12-65269                                                                                                     3