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Cablegate: Instruction On Icty/Ictr Prst

VZCZCXYZ0037
OO RUEHWEB

DE RUEHC #2546 3531903
ZNR UUUUU ZZH
O 181855Z DEC 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHBW/AMEMBASSY BELGRADE IMMEDIATE 0000
RUEHJB/AMEMBASSY BUJUMBURA IMMEDIATE 0000
RUEHDR/AMEMBASSY DAR ES SALAAM IMMEDIATE 0000
RUEHLGB/AMEMBASSY KIGALI IMMEDIATE 0000
RUEHKI/AMEMBASSY KINSHASA IMMEDIATE 0000
RUEHVJ/AMEMBASSY SARAJEVO IMMEDIATE 0000
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 0000
RUEHVB/AMEMBASSY ZAGREB IMMEDIATE 0000

UNCLAS STATE 132546

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL ICTY ICTR KAWC ZF ZL RW
SUBJECT: INSTRUCTION ON ICTY/ICTR PRST

1. The Department instructs USUN to join consensus on the
following PRST on ICTY/ICTR due to be adopted on December 19,
2008.

2. Begin text:

The Security Council recalls its resolution 827 (1993) of 25
May 1993 which established the International Tribunal for the
former Yugoslavia (ICTY) and its resolution 955 (1994) of 8
November 1994 which established the International Criminal
Tribunal for Rwanda (ICTR) (the Tribunals) and further
recalls that resolution 1503 (2003) of 28 August 2003 called
upon the Tribunals to take all possible measures to complete
all trial activities at first instance by the end of 2008 and
to complete all work in 2010 (the Completion strategies), and
that resolution 1534 (2004) of 26 March 2004 emphasized the
importance of fully implementing the Completion Strategies.

The Security Council recalls that the Tribunals were
established in particular circumstances of the former
Yugoslavia and Rwanda as an ad hoc measure contributing to
the restoration and maintenance of peace.

The Security Council takes note of the presentations made on
12 December 2008 by the Presidents and Prosecutors of the
Tribunals to the Security Council on the implementation of
the Completion Strategies.

Noting with concern that the deadline for completion of trial
activities at first instance has not been met and that the
Tribunals have indicated that their work is not likely to end
in 2010, the Security Council emphasizes that trials must be
conducted by the Tribunals as quickly and efficiently as
possible and expresses its determination to support their
efforts toward the completion of their work at the earliest
date.

The Security Council reaffirms the necessity of persons
indicted by the ICTY and ICTR being brought to justice.

The Security Council calls on all States, especially States
where fugitives are suspected to be at large, to further
intensify cooperation with and render all necessary
assistance to the ICTY and ICTR, as appropriate, in
particular to achieve the arrest and surrender of all
remaining fugitive indictees.

The Council also reaffirms in this context that the referral
of cases to competent national jurisdictions is an essential
part of the Completion Strategies and in this regard
underlines again the need for the Tribunals to concentrate
their work on the prosecution and trial of the most senior
leaders suspected of being most responsible for crimes within
their jurisdiction and urges the Tribunals to work with
relevant national authorities to secure the transfer of cases
which do not involve this level of responsibility for
prosecution by competent national jurisdictions.

The Security Council acknowledges the need to establish an ad
hoc mechanism to carry out a number of essential functions of
the Tribunals, including the trial of high level fugitives,
after the closure of the Tribunals. In view of the
substantially reduced nature of these residual functions,
this mechanism should be a small, temporary, and efficient
structure. Its functions and size will diminish over time.
Its expenses will be expenses of the Organisation in
accordance with Article 17 of the Charter of the United
Nations.

The Security Council emphasizes that any such mechanism will
derive its authority from a Security Council resolution and
from Statutes and Rules of Procedure and Evidence based on
those existing for the ICTY and the ICTR, modified as
appropriate, and that accommodations may be needed to address
the differing needs and circumstances of the ICTY and the
ICTR.

The Security Council expresses its appreciation to its
Informal Working Group on International Tribunals for its
work to date on the establishment of this mechanism,
including through a thorough examination of which functions
of the Tribunals are necessary for the administration of
justice after their closure.The Security Council requests the
Informal Working Group on International Tribunals to continue
its efforts in that regard and to concentrate on the main
outstanding issues with a view to drafting as soon as
possible appropriate instruments necessary for the
performance of residual functions of the Tribunals.

In order to facilitate the further work of the Informal
Working Group on International Tribunals, the Security
Council requests the Secretary-General to present a report
within 90 days on the administrative and budgetary aspects of
the options for possible locations for the Tribunals,
archives and the seat of the residual mechanism, including
the availability of suitable premises for the conduct of
judicial proceedings by the residual mechanism, with
particular emphasis on locations where the United Nations has
an existing presence.

The Security Council requests the Secretariat to provide the
Informal Working Group with all necessary assistance,
including interpretation in the six working languages of the
Council.

End text.
RICE

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