Monday, July 4, 2011

Extending the former Yugoslavia tribunal - S/RES/1993 (2011)


S/RES/1993 is a simple resolution that resides in the realm of bureaucratic necessities in order to extend the life of temporary institutions. In this resolution they address the International Tribunal for the former Yugoslavia and its judges. The whole enterprise gets its life extended until December 31, 2012 this extended time is designed to conducted and finish the trails of the individuals under the tribunal .



Preamble


The resolution initiates by recalling its previous resolutions concerning the International Tribunal in addition of taking note if a recent letter sent to the President of the Council from the Secretary-General. It also recalls specifically a resolution that deals with an International Residual Mechanism for International Tribunals and the assessments of the Tribunal in its report. The resolution also works from the point that in S/RES/1931 of 2010 the Council had already expressed its intentions to extend the terms of office from the tribunal.


The preamble also notes the importance and concerns related to staffing and points out that staff retention is essential for the completion of the Tribunal’s work. This concern is also underlined with the point that there might be insufficient capacity for the enforcement of the sentences imposed, while urging the Tribunal to take all possible measures to complete its work. The resolution utilizes the legal basis from the Chapter VII of the Charter.


Operative Clauses


The resolution extends the term of office from the eight permanent judges and from the nine ad litem judges at the International Tribunal until December 31, 2012. It moves on by reaffirming the necessity of trial of the persons indicted by the International Tribunal, while calling on all States to intensify cooperation with the Tribunal. It further expresses the importance of the International Tribunal being adequately staffed in order to be able to complete its work.


It also commends States that have concluded agreements for the enforcement of sentences and encourages them to renew their commitment. The resolution calls upon States that have not concluded those agreements to do so in order to allow the sentences to be enforced. As usual, they remain seized of the matter.


In sum


All in all, the resolution is quite simple and aims at just extending the mandate of the International Tribunal. There is very little actual discussion on the document related to the possible shortcomings or problems in the execution of the mandate that lead to the necessity of the extension. 

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