Monday, August 1, 2011

Fine Tuning the Tribunal for Rwanda - S/RES/1995 (2011)


S/RES/1995 addresses some technical issues that have emerged from the operation of the International Criminal Tribunal for Rwanda mainly related to a latter from the President of the Tribunal that needed to addressed. It mostly deals with small tweaks such as allowing a judge to work part-time and a calling for maintaining appropriate staffing and staff retention in the Tribunal. It also deals with the idea of tackling the questions related to the tribunal and other international law mechanisms that are to be in place in the near future.



Preamble

The preamble takes note of the letter that the President of the Tribunal sent to the Secretary-General who forwarded it to the President of the Council and recalls its previous resolutions concerning the International Tribunal. It also recalls a 2010 resolution that established the International Residual Mechanism for Criminal Tribunals that will assume some responsibility for the work of the Tribunal after the end of 2014. The Mechanism for the International Criminal Tribunal for Rwanda will start functioning in July 1, 2012 and it takes not of the assessment by the Tribunal of its Completion Strategy Report.

It also notes that four permanent judges will be redeployed from the Trial Chambers to the Appeals Chamber and two permanent judges will leave the International Tribunal and it further notes concerns with staffing and staff retention as they related to timely completion of their work. It also urges the tribunal to take all possible measures to complete its work expeditiously. The resolution acts under Chapter VII of the Charter.

Operative Clauses

The resolution decides that ad litem judges may be eligible for election as the President of the International Tribunal and it also decides that an ad litem judge elected as President may exercise the same powers as a permanent judge. It further decides that a Vice President of the International Tribunal may act as President when required to do so. The resolution still allows one specific judge to work part-time and engage in another judicial occupation starting in September 2011 and that this exceptional authorization shall not be considered the establishment of a precedent.

The document also reaffirms the importance of trial of persons indicted by the Tribunal and reiterates its call on all Sates to intensify the cooperation with the International Tribunal. It also reiterates the importance of the Tribunal to be adequately staffed in order to perform their work expeditiously. The resolution still commends the States that have accepted the relocation of acquitted persons or convicted persons. It also calls upon other States to cooperate and render all necessary assistance to the Tribunal. It closes it by deciding to remain seized of the matter.

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