Security Council resolution 1995 (2011) [on ad litem judges and elections for the presidency of the International Criminal Tribunal for Rwanda (ICTR)]
Symbol: S/RES/1995(2011)
Date: 2011-07-06
Status: adopted
Agenda: S/66 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/66 [95] RWANDA SITUATION
Subjects: Kabuga, Felicien > (Rwanda)|Bizimana, Augustin > (Rwanda)|Mpiranya, Protais > (Rwanda)|Byron, Charles Michael Dennis, Sir > (Saint Kitts and Nevis)|International Criminal Tribunal for Rwanda > Members|International Criminal Tribunal for Rwanda. President|Charter of the United Nations (1945). Chapter VII|JUDGES|TRIALS|RWANDA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1995 (2011)
               Security Council                                                 Distr.: General

                                                                                6 July 2011




               Resolution 1995 (2011)

               Adopted by the Security Council at its 6573rd meeting, on 6 July 2011
                    The Security Council,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 20 May 2011 (S/2011/329), attaching a letter from the President of
               the International Criminal Tribunal for Rwanda (“the International Tribunal”) dated
               5 May 2011,
                    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,
                     Taking note of the assessments by the International Tribunal in its Completion
               Strategy Report (S/2011/317),
                   Noting that, upon the completion of the cases to which they are assigned, four
               permanent judges will be redeployed from the Trial Chambers to the Appeals
               Chamber and two permanent judges will leave the International Tribunal,
                     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,
                    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 article 13, paragraph 1, and article 12 quater,
               paragraph 2 (a), of the Statute of the International Tribunal, ad litem judges may be
               eligible for election as, and may vote in the election of, the President of the
               International Tribunal;


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S/RES/1995 (2011)


                    2.   Decides in this regard that, notwithstanding article 12 quater,
               paragraph 2, of the Statute of the International Tribunal, an ad litem judge elected as
               President of the International Tribunal may exercise the same powers as a
               permanent judge, which will not alter his or her status or give rise to any additional
               allowances or benefits other than those which already exist, and will effect no
               changes of the current terms and conditions of service as an ad litem judge;
                     3.    Decides that, notwithstanding article 12 quater, paragraph 2, of the
               Statute of the International Tribunal, an ad litem judge elected as Vice President of
               the International Tribunal may act as President when required to do so by under the
               Statute or the Rules of Procedure and Evidence, which will not alter his or her status
               or give rise to any additional allowances or benefits other than those which already
               exist, and will effect no changes of the current terms and conditions of service as an
               ad litem judge;
                     4.    Decides, in light of the exceptional circumstances, that notwithstanding
               article 12 bis, paragraph 3, of the Statute of the International Tribunal, Judge Dennis
               Byron may work part-time and engage in another judicial occupation from
               1 September 2011 until the completion of the case to which he is assigned; takes
               note of the intention of the International Tribunal to complete the case by December
               2011; and underscores that this exceptional authorization shall not be considered as
               establishing a precedent. The President of the International Tribunal shall have the
               responsibility to ensure that this arrangement is compatible with the independence
               and impartiality of the judge, does not give rise to conflicts of interest and does not
               delay the delivery of the judgment;
                     5.   Reaffirms the necessity of trial of persons indicted by the International
               Tribunal and reiterates its call on all States, especially the States of the Great Lakes
               region, to intensify cooperation with and render all necessary assistance to the
               International Tribunal, and in particular calls upon relevant States to increase their
               efforts to bring Felicien Kabuga, Augustin Bizimana, Protais Mpiranya and other
               indictees of the International Tribunal to justice;
                     6.   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;
                    7.    Commends States that have accepted the relocation of acquitted persons
               or convicted persons who have completed serving their sentences to their territories,
               and calls upon other States in a position to do so to cooperate with and render all
               necessary assistance to the International Tribunal in the relocation of acquitted
               persons and convicted persons who have completed serving their sentences;
                    8.    Decides to remain seized of the matter.




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