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Cablegate: Instructions for Icty/Ictr Extension Resolutions

VZCZCXYZ0005
OO RUEHWEB

DE RUEHC #8281 3500014
ZNR UUUUU ZZH
O P 160012Z DEC 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0000
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0000

UNCLAS STATE 128281

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL ICTY ICTR ZF ZL RW
SUBJECT: INSTRUCTIONS FOR ICTY/ICTR EXTENSION RESOLUTIONS

1. (U) The Department authorizes USUN to vote for adoption of
the resolutions contained in paragraphs 2 and 3, for
consideration December 16, 2009, regarding extensions of the
terms of judges of the International Criminal Tribunal for
the Former Yugoslavia (ICTY) and the International Criminal
Tribunal for Rwanda (ICTR). USUN should seek guidance from
the Department should there be changes to this text.

2. (U) Begin ICTY resolution text:

The Security Council,

Taking note of the letter to the President of the Council
from the Secretary-General dated 28 October 2009 S/2009/570,
attaching the letter from the President of the International
Tribunal for the former Yugoslavia ("the International
Tribunal") dated 29 September 2009,

Recalling its resolutions 827 (1993) of 25 May 1993, 1581
(2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613
(2005) of 26 July 2005, 1629 (2005) of 30 September 2005,
1660 (2006) of 28 February 2006, 1668 (2006) of 10 April
2006, 1800 (2008) of 20 February 2008, 1837 (2008) of 29
September 2008, 1849 (2008) of 12 December 2008, and 1877
(2009) of 7 July 2009,

Recalling in particular its resolutions 1503 (2003) of 28
August 2003 and 1534 (2004) of 26 March 2004, in which the
Security Council calls on the International Tribunal to take
all possible measures to complete investigations by the end
of 2004, to complete all trial activities at first instance
by the end of 2008, and to complete all work in 2010,

Taking note of the assessment by the International Tribunal
in its Completion Strategy Report S/2009/252 that the
Tribunal will not be in a position to complete all its work
in 2010,

Recalling that in resolution 1877 (2009) the Security Council
extended the term of office of permanent judges and ad litem
judges until 31 December 2010, or until the completion of the
cases to which they are assigned, if sooner; and decided to
review the extension of the term of office of the permanent
judges at the International Tribunal, who are members of the
Appeals Chamber, by 31 December 2009, in light of the
progress of the International Tribunal in the implementation
of the Completion Strategy,

Convinced of the advisability of allowing the total number of
ad litem judges serving at the International Tribunal to
temporarily exceed the maximum of twelve provided for in
article 12, paragraph 1, of the Statute of the International
Tribunal,

Urging the International Tribunal to take all possible
measures to complete its work expeditiously,

Acting under Chapter VII of the Charter of the United Nations,

1. Underlines its intention to extend, by 30 June 2010, the
terms of office of all trial judges at the International
Tribunal based on the Tribunal,s projected trial schedule
and the terms of office of all appeals judges until 31
December 2012, or until the completion of the cases to which
they are assigned if sooner, and requests the President of
the International Tribunal to submit to the Council an
updated trial and appeals schedule, including information on
the judges whose extension of the terms of office or
redeployment to the Appeals Chamber will be sought;

2. Decides that, notwithstanding the expiry of their terms of
office on 31 December 2009, Judges Kimberley Prost (Canada)
and Ole Bjorn Stole (Norway) complete the Popovic case which
they began before the expiry of their terms of office; and
takes note of the intention of the International Tribunal to
complete the case before the end of March 2010;

3. Decides in this regard that the total number of ad litem
judges serving at the International Tribunal may temporarily
exceed the maximum of twelve provided for in article 12,
paragraph 1, of the Statute of the International Tribunal, to
a maximum of thirteen at any one time, returning to a maximum
of twelve by 31 March 2010;

4. Decides to allow ad litem Judges Prost and Stole to serve
at the International Tribunal beyond the cumulative period of
service provided for under article 13 ter, paragraph 2, of
the Statute of the International Tribunal;

5. Decides to remain seized of the matter.

End ICTY resolution text.

3. (U) Begin ICTR resolution text:

The Security Council,

Taking note of the letters to the President of the Council
from the Secretary-General dated 2 November 2009 S/2009/571
and XX November 2009 S/2009/XXX, attaching letters from the
President of the International Criminal Tribunal for Rwanda
("the International Tribunal") dated 15 October 2009 and 6
November 2009, respectively,

Recalling its resolutions 955 (1994) of 8 November 1994, 1165
(1998) of 30 April 1998, 1329 (2000) of 30 November 2000,
1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002,
1717 (2006) of 13 October 2006, 1824 (2008) of 18 July 2008,
1855 (2008) of 19 December 2008, and 1878 (2009) of 7 July
2009,

Recalling in particular its resolutions 1503 (2003) of 28
August 2003 and 1534 (2004) of 26 March 2004, in which the
Security Council calls on the International Tribunal to take
all possible measures to complete investigations by the end
of 2004, to complete all trial activities at first instance
by the end of 2008, and to complete all work in 2010,

Taking note of the assessment by the International Tribunal
in its Completion Strategy Report S/2009/XXX that the
Tribunal will not be in a position to complete all its work
in 2010,

Recalling that in resolution 1878 (2009) the Security Council
extended the term of office of permanent judges and ad litem
judges, who are members of the Trial Chambers, until 31
December 2010, or until the completion of the cases to which
they are assigned, if sooner; and decided to review the
extension of the term of office of the permanent judges at
the International Tribunal, who are members of the Appeals
Chamber, by 31 December 2009, in light of the progress of the
International Tribunal in the implementation of its
Completion Strategy,

Convinced of the advisability of extending the authorization
granted to the Secretary-General in resolution 1855 (2008) to
appoint additional ad litem judges to the nine ad litem
judges authorized by the Statute of the International
Tribunal, as a temporary measure to enable the International
Tribunal to complete trials and conduct additional trials as
soon as possible in order to meet the goals of the Completion
Strategy,

Urging the International Tribunal to take all possible
measures to complete its work expeditiously,

Acting under Chapter VII of the Charter of the United Nations,

1. Underlines its intention to extend, by 30 June 2010, the
terms of office of all trial judges at the International
Tribunal based on the Tribunal,s projected trial schedule
and the terms of office of all appeals judges until 31
December 2012, or until the completion of the cases to which
they are assigned if sooner, and requests the President of
the International Tribunal to submit to the Council an
updated trial and appeals schedule, including information on
the judges whose extension of the terms of office or
redeployment to the Appeals Chamber will be sought;

2. Decides that in order for the International Tribunal to
complete existing trials or conduct additional trials the
total number of ad litem Judges serving at the International
Tribunal may from time to time temporarily exceed the maximum
of nine provided for in article 11, paragraph 1, of the
Statute of the International Tribunal, to a maximum of twelve
at any one time, returning to a maximum of nine by 31
December 2010;

3. Decides that, notwithstanding the expiry of his term of
office on 31 December 2009, Judge Erik Mse complete the
Setako case which he began before the expiry of his term of
office; and takes note of the intention of the International
Tribunal to complete the case before the end of February
2010;

4. Decides to remain seized of the matter.

End ICTR resolution text.
CLINTON

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