Security Council Resolution 2329 (2016) [on Extension of the Terms of Office of Permanent Judges, Prosecutor and President of the International Tribunal for the Former Yugoslavia (Icty)]

S/RES/2329 (2016)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 76 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, published in 2016.

What subjects does this mandate have?

4 subjects

Appointment of Officials Former Yugoslavia Situation International Criminal Courts Judges

What’s in this document?

11 operative paragraphs

Reiterates its request to the ICTY to complete its work and facilitate the closure of the Tribunal as expeditiously as possible with the aim of completing the transition to the International Residual Mechanism for Criminal Tribunals (“the Mechanism”) and, in light of resolution 1966 (2010), to redouble its efforts to review its projected case completion dates with a view towards shortening them as appropriate and to prevent any additional delays;

Takes note of the commitment of the ICTY to complete its judicial work no later than 30 November 2017;

Takes note of the request of the President of the ICTY for a final extension of the terms of office of the permanent judges of the ICTY, until 30 November 2017 or until the completion of the cases to which they are or will be assigned, if sooner, and strongly emphasizes that the following extensions and reappointment should be final;

Decides under this condition:

To extend the terms of office of the following permanent judges of the ICTY, who are members of the Trial Chamber and the Appeals Chamber, until 30 November 2017 or until the completion of the cases to which they are or will be assigned, if sooner:

Carmel Agius (Malta)

Liu Daqun (China)

Christoph Flügge (Germany)

Theodor Meron (United States of America)

Bakone Justice Moloto (South Africa)

Alphons Orie (The Netherlands)

Fausto Pocar (Italy)

To reappoint Mr. Serge Brammertz as Prosecutor of the ICTY, notwithstanding the provisions of Article 16, paragraph 4, of the Statute of the ICTY related to the length of the term of office of the Prosecutor, for a term with effect from 1 January 2017 until 30 November 2017, which is subject to earlier termination by the Security Council upon the completion of the work of the ICTY;

Decides to extend the term of office of Judge Carmel Agius as President of the ICTY until 31 December 2017 or until one month after the completion of the cases referred to in paragraph 4 above, if sooner;

Underlines that States should cooperate fully with the ICTY, as well as with the Mechanism;

Commends the Office of Internal Oversight Services (OIOS) for the evaluation and recommendations made pursuant to resolution 2256 (2015), issued in the Report of the OIOS on Evaluation of the Methods and Work of the ICTY (S/2016/441), and encourages the ICTY to continue reporting on its implementation in its next six-monthly report to the Council on progress towards implementation of the ICTY Completion Strategy, without prejudice to the primacy given to the completion of its work;

Welcomes the adoption of the “Code of Professional Conduct for the Judges of the Tribunal”, and emphasizes the importance of developing a disciplinary mechanism for judges;

Decides to remain seized of the matter.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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