Security Council Resolution 1878 (2009) [on Extension of the Terms of Office of Permanent and Ad Litem Judges to the International Criminal Tribunal for Rwanda (Ictr) and on Amending Art. 13 of the Statute of the International Tribunal]

S/RES/1878(2009)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 95 International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January 1994 and 31 December 1994, published in 2009.

What subjects does this mandate have?

3 subjects

International Criminal Courts Judges Rwanda Situation

What’s in this document?

9 operative paragraphs

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Decides 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;

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 2010, or until the completion of the cases to which they are assigned if sooner:

– Charles Michael Dennis Byron (Saint Kitts and Nevis)

– Joseph Asoka Nihal de Silva (Sri Lanka)

– Khalida Rachid Khan (Pakistan)

– Arlette Ramaroson (Madagascar)

– William H. Sekule (United Republic of Tanzania)

Decides that the term of office of the permanent judge appointed to replace Sergei Aleckseevich Egorov (Russian Federation) shall extend until 31 December 2010, or until the completion of the cases to which he or she will be assigned if sooner;

Decides to extend the term of office of the following ad litem judges, currently serving at the International Tribunal, until 31 December 2010, or until the completion of the cases to which they are assigned if sooner:

– Aydin Sefa Akay (Turkey)

– Florence Rita Arrey (Cameroon)

– Solomy Balungi Bossa (Uganda)

– Taghrid Hikmet (Jordan)

– Vagn Joensen (Denmark)

– Gberdao Gustave Kam (Burkina Faso)

– Joseph Edward Chiondo Masanche (United Republic of Tanzania)

– Lee Gacugia Muthoga (Kenya)

– Seon Ki Park (Republic of Korea)

– Mparany Mamy Richard Rajohnson (Madagascar)

– Emile Francis Short (Ghana)

Decides to allow ad litem judge Joensen to serve in the International Tribunal beyond the cumulative period of service provided for under article 12 ter, paragraph 2, of the Statute of the International Tribunal;

Decides, in light of the exceptional circumstances, that notwithstanding article 12 bis, paragraph 3, of the Statute of the International Tribunal, Judge Joseph Asoka Nihal de Silva and Judge Emile Francis Short may work part-time and engage in another judicial occupation or occupation of equivalent independent status in their home countries during the remainder of their terms of office until the completion of the cases to which they are assigned; takes note of the intention of the International Tribunal to complete the cases by mid-2010; 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 judges, does not give rise to conflicts of interest and does not delay the delivery of the judgment;

Decides that notwithstanding article 11, paragraph 1, of the Statute of the International Tribunal, and on an exceptional basis, Judge Egorov, once replaced as a member of the International Tribunal, complete the cases which he began before his resignation; and takes note of the intention of the International Tribunal to complete the cases by the end of 2009;

Decides to amend article 13, paragraph 3 of the Statute of the International Tribunal as set out in the annex to this resolution;

Decides to remain seized of the matter.

Annex I

Officers and members of the Chambers

3. After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign two of the permanent judges elected or appointed in accordance with article 12 bis of the present Statute to be members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda. Notwithstanding the provisions of article 11, paragraph 1, and article 11, paragraph 3, the President may assign to the Appeals Chamber up to four additional permanent judges serving in the Trial Chambers, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

Who adopted this document and its mandates?

What subjects does this mandate have?

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