Chapter II International tribunals and court

In 2008 the international tribunals for the former completion strategy [YUN 2002, p. 1275] endorsed by Yugoslavia and Rwanda, as well as the International Council resolution 1503(2003) [YUN 2003, p. 1330]. Criminal Court (icc), worked towards the comple- Proceedings before the Tribunal focused on the most tion of their mandates. senior-level individuals accused of the most serious The International Tribunal for the Prosecution of crimes. The Office of the Prosecutor strengthened its Persons Responsible for Serious Violations of Inter- relations with prosecutors and courts in the region national Humanitarian Law Committed in the Ter- through training sessions, conferences and seminars. ritory of the Former Yugoslavia since 1991 (icty) took Meanwhile, the Registry continued negotiations for steps towards implementing its completion strategy, the relocation of witnesses and enforcement of sen- focusing on the most senior-level individuals accused tence agreements, concluding three new agreements. of the most serious crimes. Only five cases remained On 1 January, Serge Brammertz (Belgium) began his to be started, four of which involved late arrests. The four-year term as icty Prosecutor, replacing Carla Del Tribunal was running seven trials simultaneously in Ponte (Switzerland) [YUN 2007, p. 1339]. On 4 Novem- its three courtrooms, involving 27 accused. ber, Judge Patrick Robinson (Jamaica) was elected as The International Criminal Tribunal for the Prose- the new icty president, with effect from 17 November, cution of Persons Responsible for Genocide and Other when the term of office of Fausto Pocar (Italy) expired. Serious Violations of International Humanitarian Law During the year, the Security Council adopted Committed in the Territory of Rwanda and Rwandan three resolutions—1800(2008), 1837(2008) and Citizens Responsible for Genocide and Other Such 1849(2008)—on the appointment of judges and ex- Violations Committed in the Territory of Neighbour- tension of their terms (see pp. 1410, 1411 & 1412). ing States between 1 January and 31 December 1994 In December, acting on the recommendation of the (ictr) remained committed to meeting its completion Fifth (Administrative and Budgetary) Committee, strategy targets while respecting due process. By the the General Assembly adopted resolution 63/255 on end of the year, it had apprehended and detained 66 the financing of the Tribunal (see p. 1414). persons out of some 81 persons indicted, including the The icty President informed the Security Coun- Prime Minister of the Interim Government of Rwanda cil on 12 December [S/ PV.6041] that the Tribunal’s during the genocide, 11 Ministers of that Government achievements, to date, far surpassed those of any in 1994, senior military officials and members of the other international or hybrid court, both in respect of clergy. The Tribunal concluded all its multiple-accused the number of accused tried and in its contribution cases, with one exception, involving some 14 accused to the development of international criminal law. Of persons. No new arrests could be reported for the 13 the 161 persons indicted by the Tribunal, proceedings fugitives still at large as the end of the Tribunal’s man- had been fully concluded against 116 of them. date drew near. Only five cases remained to be started, four of which In July, during its fifth year of functioning, the involved late arrests—those of Zdravko Tolimir, icc marked the tenth anniversary of the adoption Vlastimir Đorđević, Stojan Župljanin and Radovan of the Rome Statute, which established the Court. Karadžić. The fifth case, that of Jovica Stanišić and It continued its proceedings with respect to situations Franko Simatović, had been delayed owing to the ill of concern in four countries. At the end of July, there health of one of the accused. The Tribunal was run- were seven warrants of arrest outstanding. ning seven trials simultaneously in its three court- rooms, with its eighth trial, that of Mr. Đorđević, scheduled to begin in January 2009. Those trials in- International Tribunal volved a total of 27 accused. The activities of icty were covered in two reports for the Former Yugoslavia to the Security Council and the General Assem- bly, for the periods 1 August 2007 to 31 July 2008 In 2008, the International Tribunal for the Former [A/63/210-S/2008/515] and 1 August 2008 to 31 July Yugoslavia (icty), established by Security Council 2009 [A/64/205-S/2009/394]. On 13 October, the As- resolution 827(1993) [YUN 1993, p. 440] and based sembly took note of the 2007/2008 report (decision in The Hague, took steps towards implementing its 63/506).

1406 Chapter II: International tribunals and court 1407

The Chambers of the three-member Presidency of the Republika Srp- ska from its creation on 12 May 1992 until 17 De- During the reporting period of 1 August 2007 to cember 1992, and thereafter sole President of Repub- 31 July 2008 [A/63/210], the Tribunal’s three Trial lika Srpska and Supreme Commander of its armed Chambers operated at full capacity, running eight tri- forces. The Serbian authorities announced his arrest als simultaneously. The Trial Chambers rendered 213 on 21 July 2008. decisions on pretrial matters in eight cases, heard one In the case against Ante Gotovina, Ivan Čermak case of contempt and rendered five judgements. The and Mladen Markač, who were charged with crimes Appeals Chamber issued 123 decisions comprising six against humanity and violations of the laws or cus- appeals from judgement, 32 interlocutory appeals, 79 toms of war allegedly committed in Croatia in 1995, pre-appeal decisions and 6 review, reconsideration or the trial commenced on 10 March 2008. The indict- other decisions. Icty had 30 judges from 27 coun- ment against Mr. Gotovina, a former high-ranking tries. The Chambers were composed of 14 permanent Croatian military official, was unsealed in 2001 [YUN judges; two permanent judges from the International 2001, p. 1199]. After evading arrest for almost four years, Criminal Tribunal for Rwanda serving in the Appeals Mr. Gotovina was arrested in 2005 in the Canary Is- Chamber; and 14 ad litem (short-term) judges. lands by the Spanish authorities and transferred to The Hague [YUN 2005, p. 1388]. He was charged with New arrests crimes against humanity and violations of the laws or customs of war, allegedly committed during and after On 11 June, Stojan Župljanin, charged with crimes a Croatian offensive in the Krajina region of Croatia against humanity and violations of the laws or cus- in 1995 [YUN 1995, p. 580]. On 14 July 2006 [YUN toms of war allegedly committed in Bosnia and Herze- 2006, p. 1489], the Trial Chamber decided to join two govina in 1992, was arrested by Serbian authorities. cases involving Mr. Gotovina and Messrs. Čermak He was transferred to The Hague on 21 June 2008. and Markač [YUN 2004, p. 1276] in one indictment The Office of the Prosecutor filed a motion for joinder and accepted proposed amendments to the indict- (consolidation) of the Župljanin case with the case of ment. The three were charged with persecutions, de- Mićo Stanišić, who was facing the same charges. portation, inhumane acts, plunder of public or private On 21 July, Radovan Karadžić, a fugitive for over a property, wanton destruction of cities, towns or vil- decade, was arrested by Serbian authorities and trans- lages, murder, and cruel treatment; all allegedly com- ferred to The Hague on 30 July. The Trial Chamber mitted against Serbs in 1995, during, and in the af- had previously established the existence of a joint termath of a Croatian military offensive. At that time, criminal enterprise, involving Mr. Karadžić and other Mr. Gotovina and Mr. Čermak were senior military Bosnian Serb leaders, intended to “ethnically rec- commanders on the ground, while Mr. Markač was ompose the territories targeted by the Bosnian-Serb the commander of the Croatian Special Police. On leadership by drastically reducing the proportion of 5 December 2006, the accused made further appear- Bosnian Muslims and Bosnian Croats through expul- ances to enter pleas to the new counts in the join- sion” [YUN 2006, p. 1489]. der (consolidated) indictment. All three pleaded not Serbia’s National Security Council, the Action guilty [YUN 2007, p. 1335]. Team in charge of tracking icty fugitives, and the The trial of Ramush Haradinaj, Idriz Balaj and Office of the War Crimes Prosecutor had a central role Lahi Brahimaj, who were charged with crimes against in the arrests. The failure to arrest the remaining two humanity and violations of the laws or customs of fugitives, Ratko Mladić and Goran Hadžić, remained war allegedly committed in Kosovo in 1998, began on a matter of concern to the Tribunal. 5 March 2008. Judgement was delivered on 3 April. Mr. Brahimaj was sentenced to six years of imprison- Ongoing cases and trials ment. The accused Haradinaj and Balaj were acquit- ted. Mr. Haradinaj and Mr. Brahimaj, who belonged Radovan Karadžić, former President of Repub- to the Kosovo Liberation Army, had surrendered to lika Srpska and Supreme Commander of its armed the Tribunal on 9 March 2005 [YUN 2005, p. 1388]. forces, was charged under 11 counts with genocide, Mr. Balaj, who was serving a sentence pursuant to a crimes against humanity, and violations of the laws conviction in 2002, had been transferred to the Tri- or customs of war allegedly committed in Bosnia and bunal on the same day [YUN 2007, p. 1335]. Herzegovina between 1992 and 1995. Following his The trial of Rasim Delić, who was charged with arrest and transfer to the Tribunal on 30 July 2008, violations of the laws or customs of war allegedly com- pleas of not guilty were entered on his behalf to all mitted in Bosnia and Herzegovina between July 1993 charges. The pretrial conference was expected to be and December 1995, commenced on 9 July 2007, and held in September 2009. Mr. Karadžić was President the evidence closed on 11 June 2008. Judgement was 1408 Part Four: Legal questions rendered on 15 September, when he was sentenced to The trial of Ljube Boškoski and Johan Tarčulovski, three years of imprisonment. Mr. Delić, commander who were charged with violations of the laws or cus- of the main staff of the Army of Bosnia-Herzegovina, toms of war allegedly committed against ethnic Alba- was indicted on 15 February 2005 and charged, on nians in the former Yugoslav Republic of Macedonia the basis of his superior command responsibility, with (fyrom) in August 2001, commenced on 16 April four counts of violations of the laws or customs of war 2007. Mr. Boškoski was the Minister of Interior of [YUN 2005, p. 1388]. fyrom between May 2001 and November 2002, and Milan Martić, a former political leader of Croatian Mr. Tarčulovski was a police officer acting as an escort Serbs, was sentenced to 35 years of imprisonment inspector to the President’s security unit in 2001 [YUN on 12 June 2007 for crimes against humanity and 2007, p. 1336]. The trial concluded on 8 May 2008, and violations of the laws or customs of war committed judgement was delivered on 10 July. Mr. Boškoski was in Croatia between 1991 and 1995. Mr. Martić was acquitted on all counts and Mr. Tarčulovski was sen- found to have participated in a joint criminal enter- tenced to 12 years of imprisonment. prise that included former Serbian President Slobodan The trial of Vojislav Šešelj, who was charged with Milošević, whose aim was to create a unified Serbian 14 counts of crimes against humanity and violations State through a systematic campaign of crimes against of the laws or customs of war in Croatia, Bosnia and non-Serbs inhabiting areas in Croatia and Bosnia Herzegovina and Vojvodina (Serbia) from 1991 un- and Herzegovina envisaged to become parts of such a til 1993 [YUN 2003, p. 1311; YUN 2004, p. 1277], com- State. He was also convicted of ordering rocket attacks menced on 27 November 2006 in his absence [YUN on downtown Zagreb on 2 and 3 May 1995 in which 2006, p. 1490]. His trial began anew on 7 November seven people died and more than 200 were wounded 2007 and the presentation of evidence began on 11 December. Mr. Šešelj was the founder and presi- [YUN 2007, p. 1336]. On 8 October 2008, the Appeals Chamber rendered final judgement on the case, dis- dent of the Serbian Radical Party and was elected as missing nine of the 10 grounds of Mr. Martić’s appeal a member of the Assembly of the Republic of Serbia and affirming the 35-year sentence of imprisonment in June 1991. The indictment alleged that he was a handed down at the trial. leader of a movement whose purpose was the perma- nent forcible removal of a majority of the non-Serb Mile Mrkšić, Miroslav Radić and Veselin populations from approximately one third of the Šljivančanin were indicted in 1997 [YUN 1997, p. 1322] territory of Croatia, from large parts of Bosnia and for alleged involvement in the execution of some 200 Herzegovina and from parts of Vojvodina, in order Croatians and non-Serbs removed from Vukovar hos- to make those areas part of a Serb-dominated state pital in 1991 [YUN 2006, p. 1490]. On 27 September . 2007, the Tribunal sentenced Messrs. Mrkšić and [YUN 2007, p. 1337] Šljivančanin, former senior officers of the Yugoslav In May 2006, the Trial Chamber charged Jovica Stanišić, former head of the State Security Service People’s Army (jna), to 20 years’ imprisonment and (db) of the Ministry of Internal Affairs of the Repub- five years’ imprisonment, respectively, for their role in lic of Serbia, and Franko Simatović, Commander of the crimes at Ovčara. Mr. Radić, a former jna cap- the db Special Operations Unit, with four counts of tain, was acquitted of all charges [YUN 2007, p. 1336]. crimes against humanity and one count of violation of Appeals for Messrs. Mrkšić and Šljivančanin were the laws or customs of war [YUN 2007, p. 1337]. Owing pending. to the health condition of Mr. Stanišić, the Appeals With regard to the Popović et al. case [YUN 2005, Chamber on 16 May 2008 adjourned the proceedings p. 1390], the trial commenced on 14 July 2006 [YUN for a minimum of three months and directed the Trial 2006, p. 1488]. The prosecution case closed on 7 Feb- Chamber to reassess his state of health before deciding ruary 2008 and the defence case began on 2 June. when the trial should commence. The indictment jointly charged Vujadin Popović, In the case against Milan Lukić, the leader of a Ljubiša Beara, Drago Nikolić, Ljubomir Borovčanin paramilitary group called the “White Eagles” or and Vinko Pandurević with genocide, conspiracy to “Avengers,” and his cousin Sredoje Lukić, the trial commit genocide, extermination, murder, persecu- commenced on 9 July 2008 and the prosecution tions, forcible transfer and deportation, committed completed its case-in-chief on 11 November. Sredoje in 1995. It also charged Radivoje Miletić and Milan Lukić’s defence case commenced on 1 December and Gvero with crimes against humanity and a violation concluded on 2 December. Milan Lukić’s defence case of the laws or customs of war. All the charges related commenced on 17 December. The two were charged to the mass murder and ethnic cleansing of Bosnian with murdering approximately 70 Bosnian Muslim Muslims in Srebrenica after the fall of the former UN women, children and elderly in a house in Višegrad, safe haven to Bosnian Serb forces in July 1995 [YUN by forcing the victims into the house, barricading all 2007, p. 1336]. the exits and throwing in several explosive devices. Chapter II: International tribunals and court 1409

They were also charged with beating Bosnian Muslim On 21 December 2007, Dragomir Milošević, a men who were detained in the detention camp at the former Bosnian Serb Army General, who was found Uzamnica military barracks in Višegrad [YUN 2007, guilty of a range of crimes committed against civil- p. 1337]. ians during the final months of the 1992–1995 siege Momčilo Perišić was charged with crimes against of Sarajevo, was sentenced to 33 years’ imprisonment. humanity and violations of the laws or customs of Mr. Milošević was convicted on five counts of terror, war allegedly committed in Bosnia and Herzegovina murder and inhumane acts conducted during a cam- and Croatia between October 1992 and December paign of sniping and shelling which resulted in the 1995. According to the indictment, between August injury and death of a great number of civilians in the 1993 and November 1995, Mr. Perišić, Chief of the besieged Bosnian capital [YUN 2007, p. 1338]. The case General Staff of the Yugoslav Army, aided and abetted was in the appellate process. the planning, preparation, or execution of a military Mićo Stanišić, former Minister of Internal Affairs campaign of artillery and mortar shelling and sniping of Bosnia and Herzegovina in charge of the police of onto civilian areas of Sarajevo, killing and wounding the Republika Srpska, was charged with crimes against thousands of civilians [ibid.]. His trial commenced on humanity and violations of the laws or customs of war 2 October 2008. allegedly committed in Bosnia and Herzegovina in Milan Milutinović, Nikola Šainović, Dragoljub 1992 [ibid.]. On 16 July 2008, the Prosecution filed Ojdanić, Nebojša Pavković, Vladimir Lazarević and a motion requesting that the cases of Stanišić and Župljanin be joined. On 23 September, the Trial Sreten Lukić [YUN 2006, p. 1487], in the Milutinović et al. case, were charged with crimes against humanity Chamber granted the motion and ordered the Pros- and violations of the laws or customs of war allegedly ecution to file an amended consolidated indictment. committed in Kosovo in 1999. Their trial commenced The joinder indictment was filed on 29 September. on 10 July 2006. The Chamber recessed on 21 May According to the indictment, Messrs. Stanišić and 2008, and the President reported to the Security Župljanin participated in a joint criminal enterprise Council regarding Serbia’s failure to serve a summons as co-perpetrators. They were charged with persecu- on a potential Chamber witness. Following that re- tions, extermination, murder, torture, inhumane acts port, Serbia served a subpoena on the witness, and in (including forcible transfer) and deportation; and July the Chamber heard the witness’ testimony. Clos- murder, torture, and cruel treatment. Mr. Stanišić ing arguments were made from 19 to 27 August. was transferred to The Hague on 11 March 2005, Vlastimir Ðorđević, a former senior Serbian police Mr. Župljanin on 21 June 2008. official, was arrested on 17 June 2007 in Montenegro Zdravko Tolimir was charged with genocide, and transferred to the Tribunal the next day. Indicted conspiracy to commit genocide, crimes against hu- manity and a violation of the laws or customs of war in October 2003 [YUN 2003, p. 1312], he managed to evade arrest for almost four years. At his initial ap- allegedly committed in Bosnia and Herzegovina in pearance on 16 July 2007, he pleaded not guilty to all 1995. Mr. Tolimir was Assistant Commander for counts. Mr. Ðorđević was charged with deportation, Intelligence and Security of the Bosnian Serb Army, inhumane acts (forcible transfer), murder and perse- Main Staff, reporting directly to the Commander of cutions in Kosovo. Originally his case was part of the the Main Staff, General Ratko Mladić. He was ar- rested on 31 May 2007 in Bosnia and Herzegovina Milutinović et al. case [YUN 2005, p. 1390], but when that case began with Mr. Ðorđević still at large, his and transferred to The Hague on 1 June [YUN 2007, . His trial was expected to commence in De- case was severed from that of the others [YUN 2007, p. 1335] cember 2009. p. 1337]. As at year’s end 2008, his case had not yet come to trial. On 17 July, the Appeals Chamber rendered a final Jadranko Prlić, Bruno Stojić, Slobodan Praljak, judgement in the case of Pavle Strugar. Dismissing all Milivoj Petković, Valentin Ćorić and Berislav Pušić, in grounds of appeal by Mr. Strugar and taking his post- the Prlić et al. case, were charged with grave breaches trial health into account as a mitigating circumstance, of the 1949 Geneva Conventions, crimes against hu- it entered a new sentence of seven and a half years of manity and violations of the laws or customs of war imprisonment. Mr. Strugar, a former commander in allegedly committed against Serbs and Muslims in the Yugoslav People’s Army, had been sentenced by the Croatian-held part of Bosnia and Herzegovina the Trial Chamber in 2005 to eight years’ imprison- ment for having failed to prevent between November 1991 and April 1994. [YUN 2006, [YUN 2005, p. 1389] attacks against civilians and the destruction of prop- p. 1487]. Their trial commenced on 26 April 2006. The erty in Dubrovnik in 1991 six surrendered in April 2004 [YUN 2004, p. 1276] and [YUN 2003, p. 1314; YUN pleaded not guilty. The prosecution case ended on 2004, p. 1279]. 24 January 2008, and the Chamber began hearing On 22 April, the Appeals Chamber allowed Enver defence evidence on 5 May. Hadžihasanović’s appeal in part and reduced his sen- 1410 Part Four: Legal questions tence of five years of imprisonment[YUN 2006, p. 1486] Recalling that in its resolution 1503(2003) of 28 August to three years and six months of imprisonment. Amir 2003, it called upon the International Tribunal to take Kubura’s appeal was also allowed in part, and the all possible measures to complete all trial activities at first Appeals Chamber reduced his sentence of two years instance by the end of 2008 and to complete all work in 2010 (the International Tribunal’s completion strategy), and six months of imprisonment [ibid.] to two years of and that in its resolution 1534(2004) of 26 March 2004, imprisonment. it emphasized the importance of fully implementing the Naser Orić, a former senior commander of Bos- International Tribunal’s completion strategy, nian Muslim forces in and around Srebrenica, was Convinced of the advisability of allowing the Secretary- sentenced in 2006 to two years in prison, was cred- General to appoint ad litem judges additional to the twelve ad litem judges authorized by the statute, as a temporary ited for time spent in custody since 2003 [YUN 2003, and was released. Both the defence and the measure to enable the International Tribunal to conduct p. 1311] additional trials as soon as possible in order to meet comple- prosecution filed notices of appeal [YUN 2006, p. 1489]. tion strategy objectives, On 3 July 2008, the Appeals Chamber reversed his Acting under Chapter VII of the Charter of the United conviction, finding him not guilty. Nations, 1. Decides, therefore, that the Secretary-General may Judges of the Court appoint, within existing resources, additional ad litem judges upon request of the President of the International Ad litem judges Tribunal, in order to conduct additional trials, notwith- standing the fact that the total number of ad litem judges In letters forwarded by the Secretary-General to appointed to the Chambers will from time to time tem- the Security Council on 31 December 2007 [YUN porarily exceed the maximum of twelve provided for in 2007, p. 1339], 22 January 2008 [S/2008/44] and 8 Feb- article 12, paragraph 1, of the statute of the International ruary 2008 [S/2008/99], the icty President, Judge Tribunal, to a maximum of sixteen at any one time, return- Fausto Pocar, outlined the Tribunal’s need for ad- ing to a maximum of twelve by 31 December 2008; ditional ad litem judges, beyond the Tribunal’s statu- 2. Decides also to remain seized of the matter. tory maximum of 12, and requested that the Council Appointment of new judge make provisions to meet that need. By a letter of 25 July [S/2008/507], the Secretary- SECURITY COUNCIL ACTION General informed the Security Council President On 20 February [meeting 5841], the Security Council that Judge Wolfgang Schomburg (Germany) had unanimously adopted resolution 1800(2008). The resigned as a permanent judge of the Tribunal, effec- tive 18 November, and that Germany had presented draft [S/2008/107] was prepared in consultations among Council members. the candidacy of Christoph Flügge, a person who met the qualifications prescribed for the Tribunal The Security Council, and whom he wished to appoint for the remainder of Recalling its resolutions 1581(2005) of 18 January 2005, Judge Schomburg’s term. On 30 July [S/2008/508], the 1597(2005) of 20 April 2005, 1613(2005) of 26 July 2005, Council President supported the Secretary-General’s 1629(2005) of 30 September 2005, 1660(2006) of 28 Feb- ruary 2006 and 1668(2006) of 10 April 2006, intention. On 17 November [A/63/548], the Secretary- Taking note of the letters dated 31 December 2007 General informed the General Assembly President of and 22 January and 8 February 2008 from the Secretary- Judge Flügge’s appointment, of which the Assembly General to the President of the Security Council, took note on 20 November [meeting 56]. Having considered the proposal made by the President of the International Tribunal for the Prosecution of Per- Extension of terms of office sons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the On 24 September [A/63/458-S/2008/621], the Sec- Former Yugoslavia since 1991 (the International Tribu- retary-General transmitted to the General Assembly nal) that the Secretary-General be authorized, within and the Security Council two letters from the icty existing resources, to appoint additional ad litem judges President seeking the extension of the terms of of- upon request of the President of the International Tribu- fice of the permanent and ad litem judges elected to nal, notwithstanding the fact that their number will from serve with the Tribunal in 2005, whose terms of of- time to time temporarily exceed the maximum of twelve fice would expire on 16 November 2009 and 23 Au- provided for under article 12, paragraph 1, of the statute of the International Tribunal, to a maximum of sixteen gust 2009, respectively. In addition, the President at any one time, returning to a maximum of twelve by requested an extension of the terms of the remaining 31 December 2008, to enable the International Tribu- ad litem judges who were not currently appointed to nal to conduct additional trials once one or more of the serve at the Tribunal due to the need to ensure that the permanent judges of the International Tribunal become judges could complete the cases to which they were available, assigned. The statute of the Tribunal did not provide Chapter II: International tribunals and court 1411 for the extension of the terms of office of the judges. —Mr. Christoph Flügge (Germany) In the absence of such a provision, the approval of —Mr. O-gon Kwon (Republic of Korea) the Council, as the parent organ of the Tribunal, and —Mr. Bakone Melema Moloto (South Africa) of the Assembly, as the organ that elected its judges, —Mr. Alphonsus Martinus Maria Orie (Netherlands) was needed. —Mr. Kevin Horace Parker (Australia) —Mr. Patrick Lipton Robinson (Jamaica) SECURITY COUNCIL ACTION —Ms. Christine Van Den Wyngaert (Belgium) 3. Decides further to extend the term of office of On 29 September [meeting 5986], the Security Council unanimously adopted resolution 1837(2008). The the following ad litem judges, currently serving at the International Tribunal, until 31 December 2009, or until draft [S/2008/618] was prepared in consultations the completion of the cases to which they are assigned if among Council members. sooner: The Security Council, —Mr. Ali Nawaz Chowhan (Pakistan) Taking note of the letter dated 24 September 2008 —Mr. Pedro David (Argentina) from the Secretary-General to the President of the Se- —Ms. Elizabeth Gwaunza (Zimbabwe) curity Council attaching two letters dated 5 June and —Mr. Frederik Harhoff (Denmark) 1 September 2008 from the President of the International —Ms. Tsvetana Kamenova (Bulgaria) Tribunal for the Prosecution of Persons Responsible for —Mr. Uldis Kinis (Latvia) Serious Violations of International Humanitarian Law —Ms. Flavia Lattanzi (Italy) Committed in the Territory of the Former Yugoslavia —Mr. Antoine Mindua (Democratic Republic of the since 1991 (“the International Tribunal”) to the Secretary- Congo) General, —Ms. Janet Nosworthy (Jamaica) Recalling its resolutions 1581(2005) of 18 January 2005, 1597(2005) of 20 April 2005, 1613(2005) of 26 July 2005, —Ms. Michèle Picard (France) 1629(2005) of 30 September 2005, 1660(2006) of 28 Feb- —Mr. Árpád Prandler (Hungary) ruary 2006, 1668(2006) of 10 April 2006 and 1800(2008) —Ms. Kimberly Prost (Canada) of 20 February 2008, —Mr. Ole Bjørn Støle (Norway) Recalling in particular its resolutions 1503(2003) of —Mr. Stefan Trechsel (Switzerland) 28 August 2003 and 1534(2004) of 26 March 2004, in 4. Decides to extend the term of office of the following which the Council calls upon the International Tribunal to ad litem judges, who are not currently appointed to serve take all possible measures to complete investigations by the at the International Tribunal, until 31 December 2009, or end of 2004, to complete all trial activities at first instance until the completion of any cases to which they may be by the end of 2008 and to complete all work in 2010, assigned if sooner: Expressing its determination to support the efforts made —Mr. Melville Baird (Trinidad and Tobago) by the International Tribunal towards the completion of its —Mr. Frans Bauduin (Netherlands) trial work at the earliest date, —Sir Burton Hall (Bahamas) Expressing its expectation that the extension of the terms —Mr. Frank Höpfel (Austria) of office of the judges concerned will enhance the effective- —Mr. Raimo Lahti (Finland) ness of trial proceedings and contribute towards the imple- mentation of the completion strategy, —Mr. Jawdat Naboty (Syrian Arab Republic) Acting under Chapter VII of the Charter of the United —Ms. Chioma Egondu Nwosu-Iheme (Nigeria) Nations, —Ms. Prisca Matimba Nyambe (Zambia) 1. Decides to extend the term of office of the following —Mr. Brynmor Pollard (Guyana) permanent judges at the International Tribunal who are —Ms. Vonimbolana Rasoazanany (Madagascar) members of the Appeals Chamber until 31 December 2010, —Mr. Krister Thelin (Sweden) or until the completion of the cases before the Appeals —Mr. Klaus Tolksdorf (Germany) Chamber if sooner: —Tan Sri Dato’ Lamin bin Haji Mohd Yunus (Malaysia) —Mr. Liu Daqun (China) 5. Decides also, without prejudice to the provisions —Mr. Theodor Meron (United States of America) of resolution 1800(2008), to amend article 12, para- —Mr. Fausto Pocar (Italy) graphs 1 and 2, of the statute of the International Tribu- —Mr. Mohamed Shahabuddeen (Guyana) nal and to replace those paragraphs with the provisions 2. Decides also to extend the term of office of the fol- set out in the annex to the present resolution; lowing permanent judges at the International Tribunal who 6. Decides further to remain seized of the matter. are members of the Trial Chambers until 31 December 2009, or until the completion of the cases to which they are assigned if sooner: Annex —Mr. Carmel A. Agius (Malta) Article 12 —Mr. Jean-Claude Antonetti (France) Composition of the Chambers —Mr. Iain Bonomy (United Kingdom of Great Britain 1. The Chambers shall be composed of a maximum of and Northern Ireland) sixteen permanent independent judges, no two of whom 1412 Part Four: Legal questions may be nationals of the same State, and a maximum at 2004, to complete all trial activities at first instance by the any one time of twelve ad litem independent judges ap- end of 2008 and to complete all work in 2010, and that pointed in accordance with article 13 ter, paragraph 2, in its resolution 1534(2004) of 26 March 2004, it empha- of the Statute, no two of whom may be nationals of the sized the importance of fully implementing the completion same State. strategy of the International Tribunal, 2. A maximum at any one time of three permanent Convinced of the advisability of extending this excep- judges and nine ad litem judges shall be members of each tional authorization granted to the Secretary-General in Trial Chamber. Each Trial Chamber to which ad litem judges resolution 1800(2008) as a temporary measure to enable are assigned may be divided into sections of three judges each, the International Tribunal to complete trials and conduct composed of both permanent and ad litem judges, except in additional trials as soon as possible in order to meet its the circumstances specified in paragraph 5 below. A section completion strategy, of a Trial Chamber shall have the same powers and responsi- Acting under Chapter VII of the Charter of the United bilities as a Trial Chamber under the Statute and shall render Nations, judgement in accordance with the same rules. 1. Decides that the Secretary-General may appoint, within existing resources, additional ad litem judges upon On 9 October, the General Assembly, by decision request of the President of the International Tribunal in 63/402, endorsed the Secretary-General’s recommen- order to complete existing trials or conduct additional tri- dation on the extension of icty judges’ terms of office als, notwithstanding the fact that the total number of ad (see p. 1410). litem judges appointed to the Chambers will from time to time temporarily exceed the maximum of twelve pro- vided for in article 12, paragraph 1, of the statute of the Further authorization to appoint ad litem judges International Tribunal, to a maximum of sixteen at any one time, returning to a maximum of twelve by 28 Feb- In a letter [S/2008/767] transmitted by the Secretary- ruary 2009, General to the Security Council on 5 December, the 2. Decides also to remain seized of the matter. icty President sought an extension of the terms of Council resolution 1800(2008), so that the Tribunal On 24 December, the General Assembly, by deci- could be authorized to have more than the statutory sion 63/552, decided that the agenda item on judges maximum of 12 ad litem judges beyond 31 December. of the icty would remain for consideration during its resumed sixty-third (2009) session. SECURITY COUNCIL ACTION On 12 December [meeting 6040], the Security Council, Office of the Prosecutor unanimously adopted resolution 1849(2008). The draft [S/2008/780] was prepared in consultations In 2008, the Office of the Prosecutor focused on among Council members. completing trials and appeals in accordance with The Security Council, the Tribunal’s completion strategy, as well as on in- Taking note of the letter dated 5 December 2008 from ternational cooperation and the arrest of fugitives, the Secretary-General to the President of the Security the transfer of cases and material, and capacity- Council attaching the letter dated 26 November 2008 building. Radovan Karadžić and Stojan Župljanin from the President of the International Tribunal for were arrested, but Ratko Mladić and Goran Hadžić the Prosecution of Persons Responsible for Serious Viola- remained at large. The new Prosecutor, Serge Bram- tions of International Humanitarian Law Committed in mertz, took office on 1 January. Norman Farrell was the Territory of the Former Yugoslavia since 1991 to the appointed as Deputy Prosecutor, taking up his duties Secretary-General, on 1 July. Recalling its resolution 1800(2008) of 20 February 2008, by which it permitted the total number of ad litem Compared with the previous year, the number of judges appointed at any one time to the Chambers of trials had increased. By the end of July, the Office was the International Tribunal for the Former Yugoslavia (“the prosecuting 26 persons in seven simultaneous trials, International Tribunal”) to be increased to sixteen until two of which were awaiting judgement. The cases of 31 December 2008, seven accused were at the pretrial stage, one of which Noting that the International Tribunal currently has a had commenced earlier, but was adjourned because of total of fourteen ad litem judges assigned to cases, that the health of an accused. One contempt case had been three of them are assigned to a case where the judgement completed, and a further contempt case, involving two delivery is expected by 12 February 2009, and that the accused, was awaiting trial. Two accused remained at appointment of a further ad litem judge to another case large. The Office was also involved in appellate proceed- expected to commence on 15 December 2008 would ings on the merits in 11 cases. take the total number of ad litem judges to fifteen until 12 February 2009, The Office continued to develop interaction with Recalling that in its resolution 1503(2003) of 28 August the States of the former Yugoslavia to encourage coop- 2003, it called upon the International Tribunal to take all eration with the Tribunal and support domestic war possible measures to complete investigations by the end of crimes prosecutions. In terms of cooperation with Chapter II: International tribunals and court 1413 the Office, Serbia had provided adequate responses nated the preparation of the revised estimates for the to a number of requests for assistance and had facili- 2008–2009 biennium and the proposed programme tated the appearance of certain important witnesses. budget for the 2010–2011 biennium. Continued cooperation in providing documents and The Tribunal’s Communications Service in De- access to archives sought by the Office would be para- cember launched a new website to provide greater in- mount during the remaining senior leadership trials, formation about the Tribunal’s history, achievements including the Karadžić case. The most critical aspect and ongoing work. It included such research tools of Serbia’s cooperation remained the apprehension of as the Tribunal’s Court Records Database, which fugitives Ratko Mladić and Goran Hadžić. provided access to the Tribunal’s court records, Although Croatia made available certain archi- comprising nearly 160,000 court filings, and was val materials, requests for key documents were still an important vehicle for the transfer of the Tribu- pending. The authorities of Bosnia and Herzegovina nal’s knowledge and expertise to the region of the had granted access to Government archives, pro- former Yugoslavia and beyond. The Tribunal’s out- vided documents requested, and provided adequate reach programme continued to set the standard for responses to requests for assistance and in facilitating international courts, while its media office remained the appearance of witnesses before the Tribunal. Nev- active with such major media events as the transfer ertheless, the fact that Radovan Stanković had not yet of Radovan Karadžić. been apprehended remained a concern. The coopera- tion of the authorities of the former Yugoslav Republic of Macedonia was generally satisfactory. The Office Financing continued to seek cooperation from Montenegro to 2008–2009 biennium take the necessary action against the networks sup- porting fugitives. Ad litem judges. A report [A/62/809] issued in April estimated that the requirements for appoint- The Registry ing up to four additional ad litem judges at any one time (to a total of 16) and returning to a maximum The Registry continued to provide operational sup- of 12 by 31 December, as provided for in Security port to the Chambers and the Office of the Prosecutor Council resolution 1800(2008) (see p. 1410), would and to manage the administration of the Tribunal. It amount to $374,500. Every effort would be made to also managed the Detention Unit, the Victims and meet the related costs within the appropriation for the Witnesses Section, the legal aid office, and the inter- 2008–2009 biennium, with the actual expenditures pretation and translation service. The Registry facili- being reported in the second performance report for tated the implementation of the completion strategy 2008–2009. [YUN 2002, p. 1275], and worked closely with the UN ACABQ report. In June [A/62/7/Add.38], the Ad- Secretariat in New York and with the International visory Committee on Administrative and Budgetary Criminal Tribunal for Rwanda. Its Registry Advisory Questions (acabq) noted that the appointment of Section for Legal and Policy Matters diversified its additional ad litem judges was a way to reduce the services to include advice on contracts, legal procure- time frame for completing the Tribunal’s work. To ment and human resources matters, claims against assess progress made, the Committee requested that icty, the negotiation of international agreements on information on the appointment of additional ad privileges and immunities, liaison with the UN Office litem judges be submitted in the first performance of Legal Affairs and Member States, and host State report for the 2008–2009 biennium. It also expected relations. that their appointment would be implemented within Between August 2007 and July 2008, the Court existing resources, in accordance with resolution Management and Support Services Section supported 1800(2008). On that basis, the Committee recom- 12 trials involving 35 accused, as well as several con- mended that the General Assembly take note of the tempt and appeals hearings, while the Administrative Secretary-General’s report. Support Services Division was responsible for coor- Reports of Secretary-General. In October, the dinating the preparation of the second performance Secretary-General transmitted a report on revised report for the 2006–2007 biennium. As the depar- estimates for the 2008–2009 biennium [A/63/513] ture of key personnel in advance of the completion reflecting additional resource requirements in the dates would have a negative impact on the Tribunal’s amount of $14,979,500, net of staff assessment, ability to meet its mandate, the Human Resources over the initial appropriation for 2008–2009 as Section implemented measures to retain staff, includ- approved by General Assembly resolution 62/230 ing extended training activities, in which some 950 [YUN 2006, p. 1341]. The resources related primarily staff took part. Subsequently, the Division coordi- to the revised trial schedule for 2009 as a result of 1414 Part Four: Legal questions the apprehension of certain high-level accused, and Former Yugoslavia and its subsequent resolutions there- the continuation into 2009 of trials that had been on, the latest of which was resolution 62/230 of 22 De- planned for completion by the end of 2008. The cember 2007, Assembly was requested to approve an additional 1. Takes note of the report of the Secretary-General on appropriation of $16,043,500 gross ($14,979,500 the revised estimates under the budget, for the biennium net) to the icty Special Account. 2008–2009, of the International Tribunal for the Pros- ecution of Persons Responsible for Serious Violations of The first performance report of icty for the 2008– International Humanitarian Law Committed in the Ter- 2009 biennium [A/63/559], submitted in November ritory of the Former Yugoslavia since 1991, his first perfor- in response to resolution 62/230, reflected a require- mance report of the International Tribunal for the Former ment for additional appropriations of $11.4 million, Yugoslavia for the biennium, and his report on the revised net of staff assessment, over the initial appropriation estimates arising in respect of Security Council resolution for that biennium. The Assembly was requested to 1800(2008) on the appointment of additional ad litem approve an additional appropriation of $13,117,900 judges at the International Tribunal for the Former Yu- gross ($11,404,700 net) to the icty Special Account. goslavia; ACABQ report. 2. Endorses the conclusions and recommendations In December [A/63/595], acabq contained in the reports of the Advisory Committee on recommended that the Assembly approve additional Administrative and Budgetary Questions; appropriations for the 2008–2009 biennium in the 3. Reaffirms, in the context of all Security Council de- amount of $15,548,100 gross to the icty Special cisions on the International Tribunals, the prerogatives of Account. the General Assembly in the issues related to administra- tive and budgetary matters; GENERAL ASSEMBLY ACTION 4. Reiterates that, in accordance with the Financial Regulations and Rules of the United Nations, the submis- On 24 December [meeting 74], the General Assembly, on the recommendation of the Fifth (Administrative sion of the budget proposals is a prerogative of the Secre- tary-General; and Budgetary) Committee , adopted reso- [A/63/644] 5. Invites the Secretary-General to provide all intergov- lution 63/255 without vote [agenda item 131]. ernmental bodies with the required information regarding procedures for administrative and budgetary matters; Financing of the International Tribunal for 6. Requests the President of the General Assembly the Prosecution of Persons Responsible for Serious to bring to the attention of the President of the Security Violations of International Humanitarian Law Council the contents of the present resolution; Committed in the Territory of the Former 7. Decides on a revised appropriation to the Special Yugoslavia since 1991 Account for the International Tribunal for the Prosecu- The General Assembly, tion of Persons Responsible for Serious Violations of Inter- Having considered the report of the Secretary-General national Humanitarian Law Committed in the Territory on the revised estimates under the budget, for the bien- of the Former Yugoslavia since 1991 of a total amount of nium 2008–2009, of the International Tribunal for the 376,232,900 United States dollars gross (342,332,300 dol- Prosecution of Persons Responsible for Serious Violations lars net) for the biennium 2008–2009, as detailed in the of International Humanitarian Law Committed in the annex to the present resolution; Territory of the Former Yugoslavia since 1991, his first 8. Also decides, for 2009, to apportion among Member performance report on the International Tribunal for the States, in accordance with the scale of assessments applica- Former Yugoslavia for the biennium, and his report on the ble to the regular budget of the United Nations for the year, revised estimates arising in respect of Security Council res- the amount of 101,158,400 dollars gross (91,981,800 dol- olution 1800(2008) on the appointment of additional ad lars net), including 14,333,000 dollars gross (12,930,100 litem judges at the International Tribunal for the Former dollars net), being the increase in assessments; Yugoslavia, 9. Further decides, for 2009, to apportion among Having also considered the report of the Board of Audi- Member States, in accordance with the rates of assessment tors on the International Tribunal for the Former Yugosla- applicable to peacekeeping operations for the year, the via and the recommendations contained therein, amount of 101,158,400 dollars gross (91,981,800 dollars Having further considered the related reports of the net), including 14,333,000 dollars gross (12,930,100 dol- Advisory Committee on Administrative and Budgetary lars net), being the increase in assessments; Questions, 10. Decides that, in accordance with the provisions of Stressing the need fully to respect and maintain the bal- its resolution 973(X) of 15 December 1955, there shall be ance between the principal organs of the United Nations set off against the apportionment among Member States, within their respective purviews and mandates in accor- as provided for in paragraphs 8 and 9 above, their respec- dance with the Charter, tive share in the Tax Equalization Fund in the amount of Reaffirming its authority in the consideration of all 18,353,200 dollars, including 2,805,800 dollars, being the budgetary issues, as stipulated in the Charter, increase in the estimated staff assessment income approved Recalling its resolution 47/235 of 14 September 1993 for the International Tribunal for the Former Yugoslavia on the financing of the International Tribunal for the for the biennium 2008–2009. Chapter II: International tribunals and court 1415

Annex cases with one exception, involving some 14 accused persons. The Office of the Prosecutor was preparing Financing for the biennium 2008–2009 of the the cases of all detainees awaiting trial, in order to International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International ensure that their cases would proceed in 2009 in Humanitarian Law Committed in the Territory accordance with the trial schedule submitted by the of the Former Yugoslavia since 1991 Tribunal President. Also addressing the Council, ictr President Judge

Gross Net Dennis Byron said that new cases facing the Tribunal (United States dollars) in 2009 would include the trials of three accused ar- 1. Initial appropriation for the biennium 2008–2009 rested in 2007 and 2008, a retrial ordered by the Ap- (resolution 62/230) 347,566,900 316,472,100 peals Chamber, and a contempt of court case. How- Add: 2. Revised estimates for the biennium 2008–2009 ever, the denial of the Prosecutor’s requests to refer one after recosting (A/63/513 and A/63/595) 15,548,100 14,455,500 case to Norway and four cases to Rwanda for trial put 3. First performance report for the biennium 2008–2009 (A/63/559) 13,117,900 11,404,700 a strain on the Tribunal’s capacity, as those referrals 4. Estimated revised appropriation had formed an integral part of its completion strategy. for the biennium 2008–2009 376,232,900 342,332,300 The Prosecutor explained that the Appeals Chamber, Less: 5. Estimated income for the biennium 2008–2009 (265,300) (265,300) while acknowledging the independence and imparti- 6. Assessment for 2008 173,650,800 158,103,400 ality of the Rwandan judiciary, had upheld the rejec- 7. Balance to be assessed for 2009 202,316,800 183,963,600 tion of the request by the Trial Chambers essentially Including: out of concern that the work of the defence could be 8. Contributions assessed on Member States in accordance with the scale of assessments impeded by the possible reluctance of defence wit- applicable to the regular budget of nesses to travel to Rwanda to testify, as well as the the United Nations for 2009 101,158,400 91,981,800 9. Contributions assessed on Member States potential security risks those witnesses might face. in accordance with the rates of assessment That setback had not closed the door on the referral applicable to peacekeeping operations of the United Nations for 2009 101,158,400 91,981,800 strategy. The Office of the ictr Prosecutor, together with the Office of the Prosecutor General in Rwanda, had identified measures that Rwanda could take to On 24 December, the Assembly decided that the meet the concerns of the Chambers. They had agreed agenda item on the financing of icty would remain that, once those measures were implemented by the for consideration during its resumed sixty-third Rwandan Government, the ictr Prosecutor would (2009) session (decision 63/552). consider submitting new requests to the judges early in 2009 for the referral of cases to Rwanda. The ictr President stated that unfortunately no new arrests could be reported for the 13 fugitives still International Tribunal for Rwanda at large. As the end of the Tribunal’s mandate drew near, he reiterated his call upon Member States to co- operate fully with the Tribunal to ensure their arrest In 2008, the International Criminal Tribunal and transfer as soon as possible. for Rwanda (ictr), established by Security Council The activities of ictr were covered in two reports resolution 955(1994) [YUN 1994, p. 299] and based in to the Security Council and the General Assem- Arusha, United Republic of Tanzania, delivered four bly, for the periods of 1 July 2007 to 30 June 2008 Trial Chamber judgements and two Appeals Cham- [A/63/209-S/2008/514] and 1 July 2008 to 30 June 2009 ber judgements. In total, by the end of 2008, it had [A/64/206-S/2009/396]. apprehended and detained 66 persons out of some On 13 October, the Assembly took note of the 81 persons indicted. Those detainees had been ap- 2007/2008 report (decision 63/505). prehended in some 23 countries outside of Rwanda. Arrested persons included the Prime Minister of the The Chambers Interim Government of Rwanda during the genocide, 11 Ministers of that Government in 1994, senior mil- Ictr Chambers were composed of 16 permanent itary officials and members of the clergy. judges and nine ad litem judges at the end of June. Addressing the Security Council on 12 December Nine permanent judges sat in the three Trial Cham- [S/ PV.6041], ictr Prosecutor Hassan Bubacar Jallow bers, while seven permanent judges sat in the Appeals said that much progress had been achieved during the Chamber. Each Trial Chamber to which ad litem year in implementing the Tribunal’s completion strat- judges were assigned could be divided into sections egy. A significant development in the trial programme of three judges each, composed of both permanent had been the conclusion of all the multiple-accused and ad litem judges. The Appeals Chamber was com- 1416 Part Four: Legal questions mon with the International Criminal Tribunal for the relation to the killings of two people. Consequently, Former Yugoslavia, and for each appeal, the Appeals the Appeals Chamber quashed the sentence imposed Chamber was composed of five judges. by the Trial Chamber and entered a new sentence of life imprisonment. New arrests The trial in the case of Callixte Kalimanzira, the former acting Minister of the Interior [YUN 2005, Augustin Ngirabatware, former Minister of Plan- p. 1397], began on 5 May and concluded on 30 June. ning, was arrested in Frankfurt, Germany, on 17 Sep- He was charged with genocide, complicity in geno- tember 2007 and was transferred to the UN Deten- cide and direct and public incitement to commit gen- tion Facility in Arusha on 8 October 2008. He was ocide. The defence case was expected to be completed charged with genocide, complicity to genocide, direct in 2008, with judgement to be delivered in the first and public incitement to commit genocide, crimes half of 2009. against humanity and war crimes. Callixte Nzaboni- The defence case in the trial of Hormisdas Nsen- mana, the former Minister of Youth and Sports, was gimana—a former priest and Rector of Christ-Rio arrested in Tanzania in February 2008 and trans- college in Nyanza (Butare prefecture) charged with ferred to Arusha. He was charged with six counts of three counts of crimes against humanity, including genocide, conspiracy to commit genocide, complicity genocide, murder and extermination—began on to genocide, direct and public incitement to commit 2 June. Following his arrest in Yaoundé, Cameroon, genocide, as well as crimes against humanity and on 21 March 2002 , Mr. Nsengi- war crimes. Dominique Ntawukuriryayo, a former [YUN 2002, p. 1285] mana was transferred to the Tribunal on 10 April. sub-prefect in the Butare prefecture, was arrested in He was alleged to have been at the centre of a group France in October 2007 and transferred to Arusha of Hutu extremists that planned and carried out on 5 June 2008. He was charged with three counts targeted attacks in Nyanza in 1994. Moreover, he of genocide, complicity in genocide and direct and purportedly participated directly and indirectly in public incitement to commit genocide. killings. His trial began on 22 June 2007 [YUN 2007, . Ongoing trials p. 1343] In the trial of Karemera et al.—against Edouard In the trial of Tharcisse Renzaho, closing argu- Karemera, Mathieu Ngirumpatse and Joseph Nziror- ments were heard on 14 and 15 February, and judge- era—the defence case for Edouard Karemera, former ment was expected in July 2009. Colonel Renzaho, Minister of the Interior, began on 7 April. The trial a former prefect of Kigali-ville, was arrested on was stayed from August 2008 to March 2009 due 29 September 2002 in Kinshasa, Democratic Repub- to the ill-health of the second accused, Matthieu lic of the Congo (drc), and transferred to the Tribu- Ngirumpatse, former President of the Mouvement républicain national pour la démocratie et le dévelop- nal on the following day [YUN 2002, p. 1285]. In 2005, he pleaded not guilty to six counts of genocide, com- pement, save for the testimony of four witnesses in plicity in genocide, crimes against humanity (murder, November 2008. rape) and violations of the Geneva Conventions and In the trial of Siméon Nchamihigo, a former Deputy Additional Protocol II. Prosecutor in Cyangugu prefecture [YUN 2006, p. 1497], In the trial of Emmanuel Rukundo, former military the parties made closing arguments on 23 January. chaplain in the armed forces, closing arguments were On 24 September, he was convicted of genocide and heard on 20 February. Mr. Rukundo was charged extermination, murder and other inhumane acts as with three counts of genocide and crimes against crimes against humanity based on his participation in the killing of Tutsi in April 1994 at various places in humanity [YUN 2006, p. 1497]. Athanase Seromba, a Roman Catholic priest of Cyangugu. Considering in particular his prominent Nyange Parish in Kivumu commune, was convicted public position as an aggravating circumstance, the in 2006 of genocide and extermination as a crime Chamber sentenced him to life imprisonment. against humanity and sentenced to 15 years’ impris- The trial of Lieutenant-Colonel Ephrem Setako, former Director of the Judicial Affairs Division of the onment [YUN 2006, p. 1497]. The Appeals Chamber, on 12 March, quashed the finding that he aided and Ministry of Defence [YUN 2004, p. 1286], began on abetted genocide by certain acts and held that he 25 August. committed genocide and extermination as a crime Augustin Ngirabatware, the former Minister of against humanity by virtue of his role in the destruc- Planning, made his initial appearance before the tion of a church and the consequent death of the ap- Court on 10 October, following his arrest and trans- proximately 1,500 Tutsi refugees sheltering inside. fer from Germany; he pleaded not guilty to all counts It also affirmed that he aided and abetted genocide in in the indictment. Chapter II: International tribunals and court 1417

In the case of Casimir Bizimungu et al. [YUN on 23 June and completed his case on 8 October. The 1999, pp. 1222 & 1223]—against former Health Min- Chamber commenced hearing the case of the final ister Casimir Bizimungu, former Trade and Industry accused, Mr. Sagahutu, on 20 October. On 4 Decem- Minister Justin Mugenzi, former Civil Service Min- ber, the proceedings were adjourned until 2009. ister Prosper Mugiraneza and former Foreign Affairs In the trial of businessman Protais Zigiranyirazo and Cooperation Minister Jérôme Bicamumpaka— [YUN 2001, p. 1207], the parties delivered closing argu- the evidentiary phase of the case had concluded and ments on 28 and 29 May. On 18 December, he was the Chamber conducted a site visit in Rwanda from found guilty of having participated in a joint criminal 5 to 10 October. The parties filed their closing briefs enterprise with the common purpose of committing between 1 October and 21 November, and oral argu- genocide and extermination of Tutsi, as well as aiding ments were heard between 1 and 5 December. and abetting genocide, and was sentenced to 20 years’ The Pauline Nyiramasuhuko et al. (“Butare”) case imprisonment. Mr. Zigiranyirazo had been a member closed on 2 December and the filing of closing briefs of the Akazu, the inner circle of the late President of was expected. The case, involving six persons charged Rwanda, Juvénal Habyarimana [YUN 2007, p. 1344]. with genocide, crimes against humanity and serious On 18 December, the Chamber rendered a judge- violations of the Geneva Conventions, opened in ment in the Bagosora et al. (“Military I”) case involv- 2001 [YUN 2001, p. 1208]. The accused were Pauline ing four senior army officers [YUN 2007, p. 1345]. Colo- Nyiramasuhuko, former Rwandan Minister for Fam- nel Théoneste Bagosora, former Director of Cabinet ily and Women Affairs (the first woman to be indicted in the Ministry of Defence, Major Aloys Ntabakuze, by an international criminal tribunal and the only former Commander of the Para Commando Bat- woman to be indicted by the ictr so far); her son talion, and Colonel Anatole Nsengiyumva, former and former leader of the Interahamwe militia, Arsène commander of the Gisenyi operational sector, were Shalom Ntahobali; Sylvain Nsabimana, former pre- convicted of genocide, crimes against humanity and fect of Butare; Alphonse Nteziryayo, former Com- war crimes and sentenced to life imprisonment. The manding Officer of the Military Police and former Chamber acquitted General Gratien Kabiligi, head of prefect of Butare; Joseph Kanyabashi, former Mayor the operations bureau of the Army General Staff, of of Ngoma; and Elie Ndayambaje, former Mayor of all charges and ordered his release. Muganza. They were accused of committing killings On 28 May, the Chamber denied the Prosecu- in a calculated, cold-blooded and methodical manner tor’s request to transfer the case of one detainee, and playing a prominent role in the commission of the former Interahamwe leader Yusuf Munyakazi [YUN crimes in Butare, a religious and academic centre in 2004, p. 1286], to Rwanda. The Chamber found that Rwanda [YUN 2007, p. 1343]. the applicable sentence to the crimes alleged against In the trial of Simon Bikindi, composer and singer Mr. Munyakazi, life imprisonment in isolation, pre- of popular music [YUN 2002, p. 1285], the Chamber cluded the referral of his case. It was also not satisfied conducted a site visit in Rwanda from 14 to 18 April that, upon referral, the accused’s rights to an inde- and the parties presented closing arguments on pendent tribunal and to obtain the attendance and 26 May. On 2 December, the Chamber convicted examination of witnesses would be guaranteed. Mr. Bikindi of direct and public incitement to com- On 17 November, the Chamber denied the Prosecu- mit genocide and sentenced him to 15 years of impris- tor’s request to refer the case of Jean-Baptiste Gatete onment; he was acquitted of conspiracy to commit [YUN 2002, p. 1285], a businessman, to Rwanda. The genocide, genocide, complicity in genocide and crimes decision, which the Prosecution did not appeal, fol- against humanity. The Prosecution had charged that lowed the Chamber’s previous denial of transfer to Mr. Bikindi participated in the anti-Tutsi campaign in Rwanda in the case of Gaspard Kanyarukiga in June 1994 through his musical compositions and speeches 2008. That decision, which raised concerns about he made at public gatherings, inciting and promoting possible problems in obtaining witnesses and the risk hatred and violence against Tutsi [YUN 2007, p. 1343]. of solitary confinement in Rwanda, was upheld by the In the Ndindiliyimana et al. (“Military II”) case Appeals Chamber in October. [YUN 2006, p. 1497]—against Augustin Ndindiliyi- On 4 December, the Trial and the Appeals Cham- mana, former Chief of Staff of the Gendarmerie, bers rejected the requested referral of the case of Augustin Bizimungu, former Chief of Staff of the Ildephonse Hategekimana, commander of the Ngoma Army, François-Xavier Nzuwonemeye, former Com- Military Camp, to Rwanda for trial. mander of the Reconnaissance Battalion, and Inno- On 14 January, François Karera, former prefect cent Sagahutu, former Second-in-Command of the of Kigali-Rural, filed his notice of appeal against his Reconnaissance Battalion—Mr. Ndindiliyimana conviction on 7 December 2007 [YUN 2007, p. 1344], commenced his case on 16 January and closed it on of genocide and extermination and murder as crimes 23 June. Mr. Nzuwonemeye commenced his defence against humanity, based on his participation in the 1418 Part Four: Legal questions killing of Tutsi in April and May 1994, for which he Recalling that on 13 June 2006, the Council decided, was sentenced to life imprisonment. The hearing of in its resolution 1684(2006), to extend the term of office the appeal took place on 28 August. of eleven permanent judges of the Tribunal until 31 De- cember 2008, and that on 13 October 2006, the Council On 13 March, the Appeals Chamber heard an appeal decided in its resolution 1717(2006) to extend the term of on the conviction of Tharcisse Muvunyi, a Lieutenant- office of the eighteen ad litem judges of the Tribunal until Colonel stationed at the École des sous-officiers in 31 December 2008, Butare, for genocide, direct and public incitement Noting that two of the permanent judges and one of to commit genocide, and other inhumane acts as a the ad litem judges currently serving at the Tribunal crime against humanity; he had been sentenced to 25 have indicated their intention to resign in 2008 upon the completion of their respective cases, and that at this years’ imprisonment [YUN 2006, p. 1495]. On 29 Au- gust, the Chamber dismissed the Prosecutor’s appeal stage it is not expected that their replacement will be and granted Mr. Muvunyi’s appeal in part. It reversed necessary, his convictions for genocide and other inhumane acts Noting also the progress made by the Tribunal towards the completion of its trial work at the earliest date, as a crime against humanity; reversed one conviction Noting further the projections provided by the Tribunal for direct and public incitement to commit genocide; as to the completion of all the remaining cases at trial stage quashed a second such conviction along with the before the end of December 2009, sentence; and ordered a retrial of an allegation under Expressing its expectation that the extension of the terms one count of the indictment. of office of the judges concerned will enhance the effective- ness of trial proceedings and contribute towards ensuring Judges of the Court the implementation of the completion strategy, Acting under Chapter VII of the Charter of the United Extension of terms of office Nations, 1. Decides to extend the term of office of the following The President of ictr, Judge Dennis Byron, in permanent judges of the Tribunal who are members of letters transmitted by the Secretary-General to the the Appeals Chamber until 31 December 2010, or until General Assembly and the Security Council on the completion of the cases before the Appeals Chamber if sooner: 13 June [A/62/896-S/2008/436], sought authorization for extending the terms of office of nine permanent —Mr. Mehmet Güney (Turkey) judges and eight ad litem judges (whose terms were to —Ms. Andrésia Vaz (Senegal) expire on 31 December 2008) to 31 December 2009, 2. Decides also to extend the term of office of the fol- lowing permanent judges of the Tribunal who are members or until the completion of the cases to which they of the Trial Chambers until 31 December 2009, or until were assigned if sooner. He also sought an extension the completion of the cases to which they are assigned if to 31 December 2009 of the terms of the remaining sooner: nine ad litem judges who were not yet appointed to —Sir Charles Michael Dennis Byron (Saint Kitts and serve at the Tribunal. Nevis) —Mr. Asoka de Silva (Sri Lanka) SECURITY COUNCIL ACTION —Mr. Sergei Alekseevich Egorov (Russian Federation) On 18 July [meeting 5937], the Security Council —Ms. Khalida Rachid Khan (Pakistan) unanimously adopted resolution 1824(2008). The —Mr. Erik Møse (Norway) draft [S/2008/467] was prepared in consultations —Ms. Arlette Ramaroson (Madagascar) among Council members. —Mr. William Hussein Sekule (United Republic of Tanzania) The Security Council, 3. Decides further to extend the term of office of the Taking note of the letter dated 13 June 2008 from the following ad litem judges, currently serving at the Tribunal, Secretary-General to the President of the Security Council until 31 December 2009, or until the completion of the attaching the letter dated 6 June 2008 from the President cases to which they are assigned if sooner: of the International Criminal Tribunal for Rwanda —Ms. Florence Rita Arrey (Cameroon) (“the Tribunal”) to the Secretary-General, —Ms. Solomy Balungi Bossa (Uganda) Recalling its resolutions 955(1994) of 8 November 1994, —Ms. Taghreed Hikmat (Jordan) 1165(1998) of 30 April 1998, 1329(2000) of 30 November —Mr. Vagn Joensen (Denmark) 2000, 1411(2002) of 17 May 2002, 1431(2002) of 14 Au- —Mr. Gberdao Gustave Kam (Burkina Faso) gust 2002 and 1449(2002) of 13 December 2002, Recalling in particular its resolutions 1503(2003) of —Mr. Lee Gacuiga Muthoga (Kenya) 28 August 2003 and 1534(2004) of 26 March 2004, in —Mr. Seon Ki Park (Republic of Korea) which it called upon the Tribunal to take all possible mea- —Mr. Emile Francis Short (Ghana) sures to complete investigations by the end of 2004, to 4. Decides to extend the term of office of the following complete all trial activities at first instance by the end of ad litem judges, who have not yet been appointed to serve 2008, and to complete all work in 2010, at the Tribunal, until 31 December 2009, or until the Chapter II: International tribunals and court 1419 completion of any cases to which they may be assigned if phase of their remaining cases. Those measures would sooner: allow the Tribunal to downsize and at the same time —Mr. Aydin Sefa Akay (Turkey) complete both ongoing and new trials. —Ms. Karin Hökborg (Sweden) —Ms. Flavia Lattanzi (Italy) SECURITY COUNCIL ACTION —Mr. Kenneth Machin (United Kingdom of Great Britain and Northern Ireland) On 19 December [meeting 6052], the Security Council —Mr. Joseph Edward Chiondo Masanche (United unanimously adopted resolution 1855(2008). The Republic of Tanzania) draft [S/2008/798] was prepared in consultations —Tan Sri Dato’ Hj. Mohd. Azmi Dato’ Hj. Kamaruddin among Council members. (Malaysia) The Security Council, —Mr. Mparany Mamy Richard Rajohnson (Madagascar) Recalling its resolutions 955(1994) of 8 November 1994, —Mr. Albertus Henricus Joannes Swart (Netherlands) 1165(1998) of 30 April 1998, 1329(2000) of 30 Novem- —Ms. Aura E. Guerra de Villalaz (Panama) ber 2000, 1411(2002) of 17 May 2002 and 1431(2002) of 5. Decides also to amend article 11, paragraphs 1 14 August 2002, and 2, of the statute of the Tribunal and to replace those Recalling in particular that in its resolution 1503(2003) paragraphs with the provisions set out in the annex to the of 28 August 2003, it called upon the International Crimi- present resolution; nal Tribunal for Rwanda (“the International Tribunal”) to 6. Decides further to remain seized of the matter. take all possible measures to complete all trial activities at first instance by the end of 2008 and to complete all work Annex in 2010, and that in its resolution 1534(2004) of 26 March 2004, it emphasized the importance of fully implementing Article 11 the completion strategy of the International Tribunal, Composition of the Chambers Taking note of the letter dated 18 December 2008 from the Secretary-General to the President of the Security 1. The Chambers shall be composed of a maximum of Council attaching the letter dated 10 December 2008 from sixteen permanent independent judges, no two of whom the President of the International Tribunal to the Secretary- may be nationals of the same State, and a maximum at any General, and having considered the proposals made by the one time of nine ad litem independent judges appointed in President of the International Tribunal, accordance with article 12 ter, paragraph 2, of the present Noting that two permanent judges currently serving at Statute, no two of whom may be nationals of the same the International Tribunal will resign by the end of 2008, State. and that three other permanent judges have indicated their 2. A maximum at any one time of three permanent intention to resign upon the completion of their respective judges and six ad litem judges shall be members of each cases, and that their replacement will not be necessary Trial Chamber. Each Trial Chamber to which ad litem if the International Tribunal is authorized to assign more judges are assigned may be divided into sections of three ad litem judges to cases, judges each, composed of both permanent and ad litem Convinced of the advisability of allowing the Secretary- judges. A section of a Trial Chamber shall have the same General to appoint ad litem judges additional to the nine ad powers and responsibilities as a Trial Chamber under the litem judges authorized by the statute of the International present Statute and shall render judgement in accordance Tribunal, as a temporary measure to enable the Interna- with the same rules. tional Tribunal to complete trials and conduct additional trials as soon as possible in order to meet its completion The General Assembly, by decision 62/421 of strategy, 28 July, endorsed the recommendation of the Secretary- Acting under Chapter VII of the Charter of the United General (see p. 1418) on the extension of ictr judges’ Nations, terms of office and decided that it would take effect 1. Decides that the Secretary-General may appoint, as at 1 January 2009. within existing resources, additional ad litem judges Letter from ICTR President. In a letter upon request of the President of the International Tri- bunal in order to complete existing trials or conduct [S/2008/799] transmitted by the Secretary-General to the Security Council on 18 December, the ictr additional trials, notwithstanding the fact that the total President requested consideration of three issues: in- number of ad litem judges appointed to the Chambers will from time to time temporarily exceed the maximum creasing, from 1 January to 31 December 2009, the of nine provided for in article 11, paragraph 1, of the maximum number of ad litem judges to serve at the statute of the International Tribunal, to a maximum of Tribunal at any one time from 9 to 12; the possibility twelve at any one time, returning to a maximum of nine for the section of a Trial Chamber to sit in any par- by 31 December 2009; ticular case to be composed of ad litem judges only; 2. Decides also to amend article 11, paragraph 2, of and permission for judges whose term was coming to the statute of the International Tribunal as set out in the an end to take on another judicial or quasi-judicial annex to the present resolution; position while they finalized the judgement-writing 3. Decides further to remain seized of the matter. 1420 Part Four: Legal questions

Annex The Registry Article 11 The Registry continued to support the judicial Composition of the Chambers process by servicing the Tribunal’s other organs and 2. Each Trial Chamber may be divided into sections the defence, as well as by seeking support from States, of three judges each. A section of a Trial Chamber shall international organizations and other stake­holders in have the same powers and responsibilities as a Trial Cham- the conduct of proceedings. It maintained high-level ber under the present Statute and shall render judgement diplomatic contacts with States and international or- in accordance with the same rules. ganizations, and saw a significant increase in judicial cooperation with Member States. Through formal Office of the Prosecutor and informal agreements, it secured their cooperation with the Tribunal in support of the smooth running The Office of the Prosecutor continued to receive of trials. Rwanda continued to cooperate with the Tri- and to respond to requests for mutual legal assistance bunal in facilitating the flow of witnesses from Kigali from national jurisdictions investigating for prosecu- to Arusha and providing documents to trial proceed- tion or extradition of Rwandan fugitives appearing ings. In addition, on 4 March, the Registrar signed on the International Criminal Police Organization an agreement on enforcement of sentences between (icpo-interpol) wanted list. It also continued the Rwanda and the United Nations. hunt for the remaining 13 fugitives and particularly Through its Outreach Programme, the Tribunal four high-level accused, including Félicien Kabuga. conducted workshops aimed at strengthening the There was no indication of any steps taken by the Rwandan judicial capacity in areas such as interna- Government of Kenya—other than the earlier seizure tional criminal law, advocacy skills, online legal re- of one property—to implement the recommendations search, rights of the accused and court information of the ictr-Kenya Police Joint Task Force or the re- management. quests of ictr in respect of the person and property of Félicien Kabuga, accused of committing crimes Financing against humanity and participating in the 1994 geno- 2008–2009 biennium cide, principally through financial support. Reports of Secretary-General. In October In September, the Prosecutor held consultations [A/63/506], the Secretary-General submitted additional with the United Nations Organization Mission in requirements of $28,851,100 gross ($26,959,100 net) the Democratic Republic of the Congo (monuc) and over the initial appropriation for ictr for the 2008– Government officials in Kinshasa regarding the arrest 2009 biennium, as approved by the General Assembly and transfer to Arusha of some half a dozen indictees in resolution 62/229 [YUN 2007, p. 1347]. The increased who had taken shelter in the drc. The discussions requirements related primarily to the revision of the with the Government had been positive and encour- trial schedule for 2009 as a result of the apprehension aging. However, conflict in the eastern part of the of certain high-level accused, as well as the continu- drc, where most of the fugitives were located, had set ation into 2009 of some of the trials that were origi- back the tracking and arrest programme. nally planned for completion by the end of 2008. In November, the Office hosted a conference of all In the first performance report of ictr for the the Prosecutors of the Tribunals, as well as prosecutors 2008–2009 biennium [A/63/558], submitted in No- from countries involved in the investigation and pros- vember pursuant to Assembly resolution 62/229, the ecution of international crimes. The meeting was con- Secretary-General requested an additional appropri- vened in the context of the increasingly important role ation in the amount of $7,831,700 gross ($6,948,000 of national systems in combating impunity, with a net) over the initial appropriation for the biennium, view to sharing information and experiences and cre- reflecting changes with respect to exchange rates, ating a forum through which such an exchange could inflation and standard salary costs. continue beyond the lifetime of the ad hoc tribunals. There was much concern amongst the tribunals and ACABQ report. In December [A/63/595], acabq, national prosecuting authorities that the latter should recommended that the Assembly approve additional continue to have access to the tribunals’ information appropriations for the 2008–2009 biennium in the and databases in order to facilitate national investiga- amount of $30,190,700 gross. tion and prosecution. With completion in sight, ictr continued to lose GENERAL ASSEMBLY ACTION critical staff at a difficult time. Since January, the- Of On 24 December [meeting 74], the General Assembly, fice of the Prosecutor had lost 20 per cent of its staff. on the recommendation of the Fifth Committee The adoption of measures to provide incentives to staff [A/63/643], adopted resolution 63/254 without vote whose services were critical was all the more urgent. [agenda item 130]. Chapter II: International tribunals and court 1421

Financing of the International Criminal Tribunal 5. Further decides, for the year 2009, to apportion for the Prosecution of Persons Responsible for among Member States, in accordance with the rates of as- Genocide and Other Serious Violations of sessment applicable to peacekeeping operations for the year, International Humanitarian Law Committed the amount of 84,657,900 dollars gross (78,253,300 dollars In the Territory of Rwanda and Rwandan Citizens net), including 19,011,200 dollars gross (17,565,250 dollars Responsible for Genocide and Other Such Violations net), being the increase in assessments; Committed in the Territory of Neighbouring States 6. Decides that, in accordance with the provisions of between 1 January and 31 December 1994 its resolution 973(X) of 15 December 1955, there shall be set off against the apportionment among Member States, The General Assembly, as provided for in paragraphs 4 and 5 above, their respec- Having considered the report of the Secretary-General on tive share in the Tax Equalization Fund in the amount of the revised estimates under the budget, for the biennium 12,809,200 dollars, including 2,891,900 dollars, being the 2008–2009, of the International Criminal Tribunal for increase in the estimated staff assessment income approved the Prosecution of Persons Responsible for Genocide and for the International Criminal Tribunal for Rwanda for the Other Serious Violations of International Humanitarian biennium 2008–2009. Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Viola- Annex tions Committed in the Territory of Neighbouring States between 1 January and 31 December 1994, and his first Financing for the biennium 2008–2009 of the performance report on the International Criminal Tribunal International Criminal Tribunal for the Prosecution for Rwanda for the biennium 2008–2009, of Persons Responsible for Genocide and Other Having also considered the report of the Board of Audi- Serious Violations of International Humanitarian Law tors on the International Criminal Tribunal for Rwanda Committed in the Territory of Rwanda and Rwandan and the recommendations contained therein, Citizens Responsible for Genocide and Other Such Having further considered the related report of the Violations Committed in the Territory of Advisory Committee on Administrative and Budgetary Neighbouring States between 1 January Questions, and 31 December 1994 Recalling its resolution 49/251 of 20 July 1995 on the fi- nancing of the International Criminal Tribunal for Rwanda Gross Net and its subsequent resolutions thereon, the latest of which (United States dollars) was resolution 62/229 of 22 December 2007, Initial appropriation for the biennium 2008–2009 1. Takes note of the report of the Secretary-General on (resolution 62/229) 267,356,200 247,466,600 the revised estimates under the budget, for the biennium Add: Revised estimates for the biennium 2008–2009 2008–2009, of the International Criminal Tribunal for after recosting (A/63/506 and A/63/595) 30,190,700 28,182,500 the Prosecution of Persons Responsible for Genocide and First performance report for the biennium Other Serious Violations of International Humanitarian 2008–2009 (A/63/558) 7,831,700 6,948,000 Law Committed in the Territory of Rwanda and Rwandan Proposed revised appropriation for the biennium 2008–2009 305,378,600 282,597,100 Citizens Responsible for Genocide and Other Such Viola- Assessment for 2008 136,062,800 126,090,500 tions Committed in the Territory of Neighbouring States Balance to be assessed for 2009 169,315,800 156,506,600 between 1 January and 31 December 1994, and his first Including: performance report on the International Criminal Tribunal Contributions assessed on Member States for Rwanda for the biennium 2008–2009; in accordance with the scale of assessments applicable to the regular budget of 2. Endorses the conclusions and recommendations the United Nations for 2009 84,657,900 78,253,300 contained in the report of the Advisory Committee on Contributions assessed on Member States Administrative and Budgetary Questions; in accordance with the rates of assessment applicable to peacekeeping operations of 3. Decides on a revised appropriation to the Special the United Nations for 2009 84,657,900 78,253,300 Account for the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other On 24 December, the Assembly decided that the Serious Violations of International Humanitarian Law agenda item on the financing of ictr would remain Committed in the Territory of Rwanda and Rwandan Citi- for consideration during its resumed sixty-third zens Responsible for Genocide and Other Such Violations decision 63/552 Committed in the Territory of Neighbouring States be- (2009) session ( ). tween 1 January and 31 December 1994, of a total amount of 305,378,600 United States dollars gross (282,597,100 dollars net) for the biennium 2008–2009, as detailed in Functioning of the Tribunals the annex to the present resolution; 4. Also decides, for the year 2009, to apportion among Member States, in accordance with the scale of assess- Staff retention ments applicable to the regular budget of the United Na- tions for the year, the amount of 84,657,900 dollars gross In its resolution 61/274 [YUN 2007, p. 1349], the (78,253,300 dollars net), including 19,011,200 dollars General Assembly noted that there might be dif- gross (17,565,250 dollars net), being the increase in assess- ficulties in retaining and recruiting key staff as the ments; Tribunals completed their mandates, and asked the 1422 Part Four: Legal questions

Secretary-General to report on related cost implica- and the Tribunals were exploring possibilities for the tions and updated human resources data, including secondment of staff from Member States, the United current and projected staff turnover. In response to Nations and other common system organizations on that resolution, the International Civil Service Com- temporary assignment during the final stages of the mittee (icsc) [A/62/30 & Corr.1] advised that special Tribunals’ operations. financial retention incentives for the Tribunals were Acabq recognized the importance of retaining not considered appropriate, because they were not highly skilled and specialized staff in order to com- provided for in the common system and thus would plete all trial proceedings and meet the targets set set a precedent, which should be avoided. Icsc out in the completion strategies of the Tribunals. The also stated that the existing contractual framework Committee was of the view that the Tribunals should should be used to grant contracts that would remove employ a variety of tools to retain the services of per- the uncertainty with regard to future employment; sonnel as long as they were needed. It therefore rec- that other non-monetary incentives should be made ommended that the Assembly authorize, on an excep- available; and that staff from the Tribunals who were tional basis, the payment of a retention incentive to offered appointments in another common system or- staff required to remain with the Tribunals until their ganization should have their reporting date for the services and posts were no longer needed, as set out in new assignment set to coincide with completion of the drawdown plans of each Tribunal, targeting staff their work with the Tribunal. with a minimum of five years of service. The Com- Report of Secretary-General. Pursuant to reso- mittee recommended that the incentive be capped at lution 61/274, the Secretary-General, on 8 February, five months’ salary for all staff members, irrespective submitted a comprehensive proposal on appropriate of the number of years of service at the Tribunals be- incentives to retain ictr and icty staff [A/62/681]. He yond five years. Payment of the retention incentive recommended that a financial incentive be approved would become effective with the 2008–2009 bien- for qualifying staff who remained in their posts until nium, from a date to be fixed by the Assembly. their functions were no longer needed. Considering Responding to the icsc view that payment of such that the designation of only limited groups of staff an incentive would create an inappropriate precedent, as “key” would have a detrimental impact on staff acabq recommended that, should the Assembly au- morale, likely resulting in a perception of unequal thorize it, the related administrative arrangements treatment and a negative impact on staff retention, he should be based only on an ad hoc decision of the As- recommended that the incentive be applied on as wide sembly and not on an amendment to the Staff Rules, a post coverage basis as possible. The financial impli- emphasizing that the exceptional nature of such ar- cations of the incentive would be more than offset by rangements for the Tribunals would preclude their the savings associated with reduced turnover rates, in application elsewhere in the UN system. terms of lower rotation costs and higher productivity and efficiency. GENERAL ASSEMBLY ACTION Bearing in mind the views expressed by acabq, On 24 December [meeting 74], the General Assembly, icsc and the Assembly, the Secretary-General rec- on the recommendation of the Fifth Committee ommended the introduction of a financial retention [A/63/645], adopted resolution 63/256 without vote incentive scheme. By its terms, staff members would . not be considered for an incentive payment unless [agenda items 130 & 131] they had worked for one of the Tribunals for a mini- mum of five years at the time of their separation. The Comprehensive proposal on appropriate incentives to retain staff of the International Criminal scheme would target staff having greater seniority Tribunal for Rwanda and the international and hence the specialized knowledge that the Tri- Tribunal for the Former Yugoslavia bunals wished to retain. The financial implications would amount to $6.9 million for ictr and $7.2 mil- The General Assembly, lion for icty. Having considered the report of the Secretary-General ACABQ report. In March, the Committee noted on the comprehensive proposal on appropriate incentives that the Tribunals had initiated a number to retain staff of the International Criminal Tribunal for [A/62/734] Rwanda and the International Tribunal for the Former of non-monetary incentives to retain staff until their Yugoslavia, posts were no longer required—incentives aimed at Having also considered the related chapter of the report broadening career options for staff when they left the of the International Civil Service Commission for the year Tribunals, improving working conditions, and assist- 2007, ing staff in dealing with host country residency and Having further considered the related report of the administrative issues. Contracts for all regular posts Advisory Committee on Administrative and Budgetary had been extended until August or October 2009, Questions, Chapter II: International tribunals and court 1423

Recalling its resolution 61/274 of 29 June 2007 on the 2010, and the Prlić et al. multi-accused case might comprehensive proposal on appropriate incentives to retain also run into 2010. It also appeared likely that a small staff of the International Criminal Tribunal for Rwanda number of trials would spill over to 2012. and the International Tribunal for the Former Yugoslavia, Eight trials had been heard simultaneously, with 1. Takes note of the report of the Secretary-General on the comprehensive proposal on appropriate incentives two separate sittings in each of the Tribunal’s three to retain staff of the International Criminal Tribunal for courtrooms. To expedite the conduct of trials, one Rwanda and the International Tribunal for the Former of the Trial Chambers hearing a multi-accused case Yugoslavia; held additional hearings during the three-week sum- 2. Endorses the conclusions and recommendations mer recess, so as to make use of the extended avail- contained in the report of the Advisory Committee on ability of the Tribunal’s courtrooms at that time. The Administrative and Budgetary Questions, subject to the Trial Chamber Judges also managed seven cases in provisions contained in the present resolution; the pretrial stage, issuing written and oral decisions 3. Takes note of paragraphs 14 and 15 of the report of on such matters as form of the indictment, challenges the Advisory Committee; to jurisdiction, disclosure of evidence, protective mea- 4. Recognizes the critical importance of retaining sures for victims and witnesses, provisional release, highly-skilled and specialized staff in order to successfully adjudicated facts, and the admissibility of witness complete all trial proceedings and to meet the targets set out in the respective completion strategies of the Tribunals statements. in a timely manner; The Appeals Chamber continued to work at maxi- 5. Requests the Secretary-General to use the existing mum productivity on appeals from both icty and contractual frameworks to offer contracts to staff, in line ictr. It delivered judgements on four appeals, leav- with dates of planned post reductions in accordance with ing only seven appeals pending. As at November, only the relevant prevailing trial schedules, in order to remove five accused in four cases were awaiting the start of uncertainty with regard to future employment with the aim their trial. of ensuring that the Tribunals have the necessary capacity to complete their respective mandates effectively, as recom- The Office of the Prosecutor continued to work mended by the International Civil Service Commission closely with other organs of the Tribunal to expedite in paragraph 21 (b) of its report. proceedings while respecting the rights of the accused. Considerable progress had been made by advancing the multi-leadership cases, narrowing the scope of Implementation of completion strategies prosecutions and presenting evidence more efficiently. State cooperation had improved, but there remained a ICTY number of outstanding issues, notably concerning the In response to Security Council resolution production of documents and the arrest of fugitives— 1534(2004) , the icty President re- factors which had an important bearing on the dates [YUN 2004, p. 1292] by which the Tribunal would be able to complete its ported in May and November [S/2008/326] [S/2008/729 programme of trials and appeals. & Add.1] on progress made in implementing the icty completion strategy. Most of the measures adopted The Prosecutor worked closely with the Offices of to ensure the timely implementation of that strategy the State Prosecutors in Bosnia and Herzegovina and stemmed from a thorough examination of trial and Croatia and the Office of the War Crimes Prosecutor in appeal practices carried out by the Working Groups Serbia. As trial and appeals work progressed, the Office on Speeding up Appeals and Trials. Both Working remained committed to strengthening judicial systems Groups were reconstituted in April—not only to con- in the States of the former Yugoslavia. Cooperation firm the success of those measures, but also to ex- with national prosecution authorities was a cornerstone amine whether further improvements could be made. of its strategy and would remain a priority. Although By November, both Working Groups had submitted the Prosecutor’s principal obligation was to maintain their reports, and fresh recommendations were being the quality and progress of prosecution cases before the implemented. Tribunal, the Office was managing its resources with a view to the eventual downsizing of its staff and the Out of the 161 accused indicted by the Tribunal, design of a future residual international mechanism. only five remained in the pretrial stage as at late No- vember. With the arrest of Župljanin and Karadžić during the reporting period, only two accused, ICTR Mladić and Hadžić, were still at large. Twenty-six ac- cused were being tried and another 10 had appeals In response to Security Council resolution pending. All other cases had been completed. It was 1534(2004) [YUN 2004, p. 1292], the ictr President estimated that all but five of the pending trials would submitted reports in May [S/2008/322] and November be completed by the end of 2009. The trials of the four [S/2008/726] that assessed progress made in implement- most recently accused were estimated to finish during ing the ictr completion strategy. That strategy called 1424 Part Four: Legal questions for completing investigations by the end of 2004, all of Legal Affairs, which acted as the secretariat and trial activities at first instance by the end of 2008, and provided advice on legal issues. all of its work in 2010. In a letter of 19 December [S/2008/849], its Chair- Between May and November 2008, one judge- man informed the Council that the Group made sig- ment concerning one accused had been delivered. Five nificant progress during the year regarding the estab- cases concerning eight accused were in the judgement lishment of a residual mechanism or mechanisms to drafting phase, with three judgements to be delivered carry out certain essential functions of the Tribunals in December. Evidence in two cases concerning five for the former Yugoslavia and Rwanda following their accused had been completed, with closing arguments closure. Working closely with both Tribunals on a yet to be heard. Five trials involving 15 accused were draft resolution to be submitted to the Council, early ongoing. Six single-accused trials were scheduled to agreement had emerged on a number of issues: fugi- commence within the next months. On 29 August, tives must face trial; impunity was unacceptable; the the Appeals Chamber delivered its judgement in the most senior fugitives, those most responsible, must case of Tharcisse Muvunyi, bringing to 26 the number face international trial by the mechanism(s); transfer of persons whose appeals had been completed. to national jurisdictions was an important part of the Tools and elements used by the Tribunal to fulfil completion strategies of the Tribunals; continuing its completion strategy included use of the judicial witness protection was of critical importance; and calendar to optimize the use of courtrooms and to the archives of the Tribunals were the property of the make the most efficient use of time and resources. For United Nations and must be kept under its control. example, between May and November, seven differ- Although important differences remained with re- ent sections of the Trial Chambers used the Tribunal’s spect to the structure of the residual mechanism(s), four courtrooms in nine different cases. Measures had the following basic structure had emerged: the re- been developed to improve trial-readiness of cases by sidual mechanism(s) would have a trial capacity, pre-prosecution and pre-defence status conferences. based on a roster of judges that could be activated to In October and November, two external consultants compose a Trial or Appeals Chamber; the staff of the had assisted efforts to improve the management of residual mechanism(s) would be small in number; it proceedings. The Tribunal President continued to would inherit the rights and obligations of the Tribu- explore mechanisms to enable the Appeals Cham- nals and have jurisdiction to try the most senior and ber to deal with the substantially increased workload most responsible indictees; it would also continue expected in 2009 and 2010 in light of the increased certain essential residual functions of the Tribunals, number of first-instance judgements to be issued. including the protection of witnesses; the residual The Office of the Prosecutor’s tracking team- in mechanism(s) would be established at a date to be tensified its efforts in locating the 13 remaining fugi- determined by a Council resolution, setting out its tives. The Prosecutor intended to request the referral statutes based on amended statutes of the Tribunals; of nine of these cases to national jurisdictions for trial. and the Rules of Procedure and Evidence of the Tri- However, four were earmarked for trial at the Tri- bunals would also require amendment, in ways yet bunal because of the leadership roles played by the to be determined. accused—Félicien Kabuga, Protais Mpiranya, Augus- tin Bizimana and Idelphonse Nizeyimana—during SECURITY COUNCIL ACTION the 1994 genocide. Their possible arrest and transfer On 19 December [meeting 6053], following consulta- to the Tribunal would require a reassessment of the tions among Security Council members, the President Tribunal’s judicial calendar. The Tribunal remained made statement S/PRST/2008/47 on behalf of the committed to the goal of completing first-instance tri- Council: als by the end of 2009. Whether that goal could be The Security Council recalls its resolution 827(1993) achieved would depend on the final number of new of 25 May 1993, in which it established the International cases tried before the Tribunal in 2009. Tribunal for the Former Yugoslavia, and its resolution 955(1994) of 8 November 1994, in which it established Establishment of ad hoc mechanism the International Criminal Tribunal for Rwanda (“the Tribunals”) and further recalls that in its resolution A Working Group on the International Tribu- 1503(2003) of 28 August 2003, it called upon the Tribunals to take all possible measures to complete all nals was established in 2000 on an informal basis to trial activities at first instance by the end of 2008 and consider matters relating to the United Nations and to complete all work in 2010 (the completion strategies) UN-assisted Tribunals, consisting of legal advisers to and that in its resolution 1534(2004) of 26 March 2004, permanent missions of States that were members of it emphasized the importance of fully implementing the the Security Council. It was assisted by the Office completion strategies. Chapter II: International tribunals and court 1425

The Council recalls that the Tribunals were established justice after their closure. The Council requests the Infor- in particular circumstances of the former Yugoslavia mal Working Group to continue its efforts in that regard and Rwanda as an ad hoc measure contributing to the and to concentrate on the main outstanding issues with restoration and maintenance of peace. a view to drafting as soon as possible appropriate instru- The Council takes note of the presentations made on ments necessary for the performance of residual func- 12 December 2008 by the Presidents and Prosecutors of tions of the Tribunals. the Tribunals to the Council on the implementation of In order to facilitate the further work of the Informal the completion strategies. Working Group, the Council requests the Secretary- Noting with concern that the deadline for the comple- General to present a report within 90 days on the ad- tion of trial activities at first instance has not been met ministrative and budgetary aspects of the options for and that the Tribunals have indicated that their work is possible locations for the archives of the Tribunals and not likely to end in 2010, the Council emphasizes that the seat of the residual mechanism, including the avail- trials must be conducted by the Tribunals as quickly and ability of suitable premises for the conduct of judicial efficiently as possible and expresses its determination to proceedings by the residual mechanism, with particular support their efforts toward the completion of their work emphasis on locations where the United Nations has an at the earliest date. existing presence. The Council reaffirms the necessity of persons indicted by the International Tribunal for the Former Yugoslavia The Council requests the Secretariat to provide the and the International Criminal Tribunal for Rwanda Informal Working Group with all necessary assistance, being brought to justice. including interpretation in the six working languages of The Council calls upon all States, especially States the Council. where fugitives are suspected to be at large, to further intensify cooperation with and render all necessary as- sistance to the International Tribunal for the Former International Criminal Court Yugoslavia and the International Criminal Tribunal for Rwanda, as appropriate, in particular to achieve the ar- rest and surrender of all remaining fugitive indictees. In 2008, the International Criminal Court (icc), es- The Council also reaffirms in this context that the tablished by the Rome Statute [YUN 1998, p. 1209] as a referral of cases to competent national jurisdictions is permanent institution with jurisdiction over persons ac- an essential part of the completion strategies and in this regard underlines again the need for the Tribunals to cused of the most serious crimes of international concern concentrate their work on the prosecution and trial of (genocide, crimes against humanity, war crimes and the the most senior leaders suspected of being most respon- crime of aggression), carried out investigations in the sible for crimes within their jurisdiction, and urges the Central African Republic, the Democratic Republic of Tribunals to work with relevant national authorities to the Congo (drc), Darfur (the Sudan) and Uganda. secure the transfer of cases which do not involve this level The activities of icc were reported to the General of responsibility for prosecution by competent national jurisdictions. Assembly in two annual reports [A/63/323; A/64/356], The Council acknowledges the need to establish an ad covering the period from August 2007 through July hoc mechanism to carry out a number of essential func- 2009. As at 31 December, 108 countries had ratified tions of the Tribunals, including the trial of high-level the Rome Statute. fugitives, after the closure of the Tribunals. In view of At the end of July, there were seven arrest warrants the substantially reduced nature of these residual func- outstanding. All had been outstanding for over a year; tions, this mechanism should be a small, temporary and efficient structure. Its functions and size will diminish four had been outstanding for over three years. The over time. Its expenses will be expenses of the Organiza- Court did not have the power to make arrests: that tion in accordance with Article 17 of the Charter of the responsibility belonged to States and, by extension, United Nations. international organizations. The Council emphasizes that any such mechanism On 13 February, Bruno Cathala, the Court’s first will derive its authority from a resolution of the Council and from statutes and rules of procedure and evidence Registrar, submitted his resignation to take up a based on those existing for the International Tribunal for position as President of the Tribunal de grande in- the Former Yugoslavia and the International Criminal stance d’Evry (France); on 28 February, the judges Tribunal for Rwanda, modified as appropriate, and that of the Court elected Silvana Arbia to succeed him. accommodations may be needed to address the differing On 29 July, Judge Navanethem Pillay submitted her needs and circumstances of the International Tribunal resignation, effective 31 August, following approval of for the Former Yugoslavia and the International Crimi- her appointment as the United Nations High Com- nal Tribunal for Rwanda. missioner for Human Rights. On 9 September, the The Council expresses its appreciation to its Informal Working Group on International Tribunals for its work judges of the Court elected Didier Daniel Preira as its to date on the establishment of this mechanism, includ- first Deputy Registrar, for a five-year term beginning ing through a thorough examination of which functions on 17 October. On 26 November, the Office of the of the Tribunals are necessary for the administration of Prosecutor announced the appointment of Professor 1426 Part Four: Legal questions

Catharine MacKinnon as Special Gender Adviser to facilitation by the United Nations of the Court’s field ac- the Prosecutor. tivities, and encouraging the conclusion of supplementary The tenth anniversary of the Statute’s adoption on arrangements and agreements, as necessary, Welcoming the continuous support given by civil society 17 July 1998 was marked by States parties to the Stat- to the International Criminal Court, ute and by civil society organizations. An obser-vance Recognizing the role of the International Criminal Court in was held at The Hague on 3 July. The Secretary-Gen- a multilateral system that aims to end impunity, establish the eral addressed an informal meeting of the Assembly rule of law, promote and encourage respect for human rights of States Parties on 17 July in New York. Other events and achieve sustainable peace, in accordance with interna- included a subregional conference in Benin, attended tional law and the purposes and principles of the Charter, by the Registrar of the Court, and a celebration in Expressing its appreciation to the International Criminal South Africa, attended by Judge Navanethem Pillay Court for providing assistance to the Special Court for on behalf of the Presidency of the Court. Sierra Leone, 1. Welcomes the report of the International Criminal GENERAL ASSEMBLY ACTION Court for 2007/08; 2. Welcomes the States that have become parties to the On 11 November [meeting 45], the General Assembly Rome Statute of the International Criminal Court in the adopted resolution 63/21 [draft: A/63/L.19 & Add.1], past year, and calls upon all States in all regions of the world without vote [agenda item 69]. that are not yet parties to the Rome Statute to consider ratifying or acceding to it without delay; Report of the International Criminal Court 3. Welcomes the States parties as well as States not parties to the Rome Statute that have become parties to the Agree- The General Assembly, ment on the Privileges and Immunities of the International Recalling its resolution 62/12 of 26 November 2007, and Criminal Court, and calls upon all States that have not yet all its previous relevant resolutions, done so to consider becoming parties to that Agreement; Recalling also that the Rome Statute of the International 4. Calls upon States parties to the Rome Statute that Criminal Court reaffirms the purposes and principles of have not yet done so to adopt national legislation to imple- the Charter of the United Nations, ment obligations emanating from the Statute and to coop- Reiterating the historic significance of the adoption of erate with the International Criminal Court in the exercise the Rome Statute and its tenth anniversary, which was of its functions, and recalls the provision of technical celebrated on 17 July 2008, assistance by States parties in this respect; Emphasizing that justice, especially transitional justice 5. Welcomes the cooperation and assistance provided in conflict and post-conflict societies, is a fundamental thus far to the International Criminal Court by States par- building block of sustainable peace, ties as well as States not parties, the United Nations and Convinced that ending impunity is essential if a society other international and regional organizations, and calls in conflict or recovering from conflict is to come to terms upon those States that are under an obligation to cooperate with past abuses committed against civilians affected by to provide such cooperation and assistance in the future, in armed conflict and to prevent future such abuses, particular with regard to arrest and surrender, the provision Noting with satisfaction the fact that the International of evidence, the protection and relocation of victims and Criminal Court has achieved considerable progress in its witnesses and the enforcement of sentences; analyses, investigations and judicial proceedings in vari- 6. Emphasizes the importance of cooperation with ous situations and cases which were referred to it by States States that are not parties to the Rome Statute; parties to the Rome Statute and by the Security Council, 7. Invites regional organizations to consider concluding co- in accordance with the Rome Statute, operation agreements with the International Criminal Court; Recalling that effective and comprehensive cooperation 8. Recalls that, by virtue of article 12, paragraph 3, of and assistance in all aspects of its mandate by States, the the Rome Statute, a State which is not a party to the Statute United Nations and other international and regional organ- may, by declaration lodged with the Registrar of the Inter- izations remains essential for the International Criminal national Criminal Court, accept the exercise of jurisdiction Court to carry out its activities, by the Court with respect to specific crimes that are men- Expressing its appreciation to the Secretary-General for tioned in paragraph 2 of that article; providing effective and efficient assistance to the Interna- 9. Encourages all States parties to take the interests, tional Criminal Court in accordance with the Relationship needs for assistance and mandate of the International Agreement between the United Nations and the Interna- Criminal Court into account when relevant matters are tional Criminal Court (“Relationship Agreement”), being discussed in the United Nations; Acknowledging the Relationship Agreement as approved 10. Emphasizes the importance of the full implementa- by the General Assembly in its resolution 58/318 of 13 Sep- tion of the Relationship Agreement, which forms a frame- tember 2004, including paragraph 3 of the resolution with work for close cooperation between the two organizations respect to the payment in full of expenses accruing to the and for consultation on matters of mutual interest pursu- United Nations as a result of the implementation of the ant to the provisions of that Agreement and in conformity Relationship Agreement, which provides a framework for with the respective provisions of the Charter of the United continued cooperation between the International Criminal Nations and the Rome Statute, as well as the need for the Court and the United Nations, which could include the Secretary-General to inform the General Assembly at its Chapter II: International tribunals and court 1427 sixty-fourth session on the expenses incurred and reimburse- On 21 November, in its resolution on permanent ments received by the United Nations in connection with premises for the Court [ICC-ASP/7/Res.1], the Assem- assistance provided to the International Criminal Court; bly adopted various measures relating to its financing 11. Notes the fact that the International Criminal and construction. By other resolutions adopted on Court liaison office to United Nations Headquarters is now that date, it decided that the Court’s Review Confer- fully operational, and encourages the Secretary-General to continue to work closely with that office; ence would be held in Kampala, Uganda, during the 12. Encourages States to contribute to the Trust Fund first semester of 2010 [ICC-ASP/7/Res.2]. established for the benefit of victims of crimes within the In its resolution on strengthening the Court and jurisdiction of the International Criminal Court and the the Assembly [ICC-ASP/7/Res.3], it welcomed the entry families of such victims, and acknowledges with apprecia- into force of the Headquarters Agreement between tion contributions made to the Trust Fund thus far; icc and the host country on 1 March; commended 13. Notes the work of the Special Working Group on the work of the Court’s Liaison Office in New York; the Crime of Aggression, which is open to all States on an stressed the importance of dialogue between the equal footing, and encourages all States to consider partici- Court and the Bureau of the Assembly; and encour- pating actively in the Working Group with a view to elabo- rating proposals for a provision on the crime of aggression, aged States, international and regional organizations in accordance with article 123 of the Rome Statute; and civil society to intensify their support to the Court 14. Also notes that the Review Conference to be held in in its efforts with respect to preserving and providing 2010 may provide an opportunity to address issues, in addi- evidence, sharing information, securing the arrest and tion to those relating to the possible definition of the crime surrender to the Court of persons for whom arrest of aggression, that have been identified by States, including warrants had been issued, and protecting victims and States that are not parties to the Rome Statute; witnesses. It also decided to hold its eighth session 15. Takes note of the decision of the Assembly of States from 18 to 26 November 2009 in The Hague. Parties to the Rome Statute at its sixth session, while recall- Also on 21 November, the Assembly adopted reso- ing that, according to article 112, paragraph 6, of the Rome Statute, the Assembly of States Parties shall meet at the seat lutions on the role of its Committee of Budget and of the International Criminal Court or at United Nations Finance [ICC-ASP/7/Res.5]; on the languages in which Headquarters, to hold its seventh session at The Hague, its decisions and other official documents should be looks forward to the seventh session of the Assembly of published [ICC-ASP/7/Res.6]; and the languages in States Parties, which is to be held at The Hague from 14 to which the recommendations and other documents 22 November 2008, as well as to the resumed seventh ses- of its Committee on Budget and Finance should be sion, which is to be held in New York from 19 to 23 Janu- published . ary 2009 and from 9 to 13 February 2009, and requests [ICC-ASP/7/Res.7] the Secretary-General to provide the necessary services and As to financing, the Assembly approved the Court’s facilities in accordance with the Relationship Agreement programme budget for 2009 [ICC-ASP/7/Res.4] with and resolution 58/318; appropriations totalling €101,229,900. It resolved 16. Encourages the widest possible participation of that the Working Capital Fund for 2009 would be States in the Assemblies of States Parties, invites States established in the amount of €7,405,983, and author- to contribute to the Trust Fund for the participation of ized the Registrar to make advances from the Fund. the least developed countries, and acknowledges with appreciation contributions made to the Trust Fund thus far; The Chambers 17. Invites the International Criminal Court to submit, in accordance with article 6 of the Relationship Agreement, The judicial activities of the Court were conducted a report on its activities for 2008/09, for consideration by by the Chambers, which consisted of 18 judges, or- the General Assembly at its sixty-fourth session. ganized in three divisions: the Appeals Division, the Trial Division and the Pre-Trial Division. The Presi- Assembly of States Parties dency constituted three Pre-Trial Chambers: Pre-Trial Chamber I—the drc and Darfur (the Sudan); Pre- The Assembly of States Parties to the Rome Stat- Trial Chamber II—Uganda; and Pre-Trial Cham- ute of the International Criminal Court adopted two ber III—Central African Republic. resolutions at its resumed sixth session (New York, On 13 June, Trial Chamber I issued a stay of 2–6 June) [ICC-ASP/6/20/Add.1] and seven resolutions proceedings in the case of Thomas Lubanga Dyilo, at its seventh session (The Hague, 14–22 November) alleged leader of the Union des Patriotes Congolais [ICC-ASP/7/20]. pour la Réconciliation et la Paix and Commander- On 6 June, the Assembly adopted resolutions on in-Chief of its military wing, the Forces Patriotiques funding the disability pension of a former judge of the pour la Libération du Congo. Finding that a fair trial Court [ICC-ASP/6/Res.7] and on a venue for its next was not possible owing to the prosecution’s failure to Review Conference [ICC-ASP/6/Res.8]. disclose a significant body of potentially exculpatory 1428 Part Four: Legal questions evidence to the defence or to make it available to the Office of the Prosecutor judges, the Chamber ordered his unconditional re- lease. On 2 July, the prosecution appealed the release. In 2008, the Prosecutor continued to investigate the Over a period of five months, the prosecution, having situations in the Central African Republic, the drc, Dar- obtained the consent of the relevant information pro- fur (the Sudan) and Uganda. In the drc, the Office of viders, disclosed those materials or made them avail- the Prosecutor was looking into the numerous reports able to the judges. On 18 November, the Chamber of crimes committed by a multiplicity of perpetrators found that the prosecution had met its obligations and groups in North and South Kivu. In September, and that the trial could proceed. the Prosecutor announced the opening of a third case in the drc, focusing on alleged crimes committed in On 29 April, Pre-Trial Chamber I unsealed a war- the Kivu province by perpetrators and groups including rant of arrest issued on 22 August 2006 against Bosco the Forces démocratiques de libération du Rwanda, the Ntaganda, alleged Deputy Chief of General Staff for Congrès national pour la défense du peuple, the regular Military Operations of the Forces Patriotiques pour la forces and the Mai-Mai, as well as numerous reports of Libération du Congo. It found that there were reason- sexual crimes. Eight missions were conducted inside or able grounds to believe he had committed such war outside the drc to collect information in the context of crimes as enlisting and conscripting children under 15 that new case. year of age and using them to participate in hostilities. The Office sent an investigation mission to Uganda At the end of the year, his arrest warrant remained in May and June to collect additional evidence of sup- outstanding. ply and support to the Lord’s Resistance Army (lra). During the year, Pre-Trial Chamber II continued The Office had also collected a range of information to monitor the status of execution of the arrest war- on the crimes allegedly being committed by lra in the rants, and to address issues relating to the participa- drc, including abduction of civilians for the purpose tion of victims in proceedings. of recruitment, forced labour and sexual enslavement. The incidence of alleged crimes rose sharply from Sep- New arrests, warrants and surrenders tember, as lra, operating increasingly freely across a wide area between Garamba National Park in the During the year ending 31 July, the Court issued or drc and border areas of southern Sudan close to the unsealed four new arrest warrants—three in the situa- Central African Republic, put into operation plans to tion in the drc and one in the situation in the Central expand their numbers by several hundred through the African Republic. Seven arrest warrants were outstand- abduction of civilians, primarily children. The Office ing: four pertaining to the situation in Uganda, two in received reports of particularly savage attacks taking Darfur and one in the drc. All had been outstanding place in December. for over a year, and four had been outstanding for over In Darfur, the Office was investigating the mobi- three years. lization of the State apparatus to plan, commit and Mathieu Ngudjolo Chui was surrendered to the cover up crimes against civilians, in particular the Court on 7 February. He and Germain Katanga, Fur, Massaleit and Zaghawa tribes. It was also inves- who was surrendered to the Court in 2007, were tigating allegations of rebel crimes, focusing among each charged with nine counts of war crimes and others on the Haskanita attack against peacekeepers. four counts of crimes against humanity in the drc. In the Central African Republic, the Office con- A hearing was held from 27 June to 16 July, and on tinued to gather evidence and establish responsibil- 26 September, Pre-Trial Chamber I confirmed seven ity for the crimes allegedly committed against the charges of war crimes and three charges of crimes civilian population in 2002/2003, including rape, against humanity. Their joint trial was scheduled to torture and pillaging. The Office alleged that -hun begin in 2009. dreds of rapes were committed, and that sexual In the situation in the Central African Republic, crimes would feature in the case against Mr. Bemba. Jean-Pierre Bemba Gombo was arrested in Belgium on In parallel, the Office was closely monitoring allega- 24 May and surrendered to the Court on 3 July. He was tions of crimes committed since the end of 2005 and suspected of having committed three counts of crimes whether any investigation and prosecution had been against humanity and five counts of war crimes. conducted. A letter was sent to President François Bozizé to receive information about possible rel- On 14 July, the Prosecutor submitted an application evant national proceedings. for a warrant of arrest against Omar Hassan Ahmad Al-Bashir, President of the Sudan, on counts of geno- The Registry cide, crimes against humanity and war crimes. The application was being considered by the judges of The icc Registry provided judicial and administra- Pre-Trial Chamber I. tive support to all organs of the Court and carried out its Chapter II: International tribunals and court 1429 specific responsibilities concerning victims, witnesses, The Headquarters Agreement between icc and defence and outreach. The Registry sought to develop the host State entered into force on 3 March, pro- understanding and awareness of icc and its activities by viding clarity and certainty on issues that were not strengthening the Court’s public information capacity adequately covered by the interim arrangements. In for outreach services in countries where the Court was executing decisions of the Court, the drc surrendered active. It provided security, administrative and logistical two individuals to the Court and Belgium surren- support to the Court’s investigations. dered a third. As at 31 July, the Court had concluded Among the Registry’s activities, 17 victims partici- 10 agreements with States on the protection and re- pating in the proceedings relating to the drc were de- location of witnesses and two ad hoc arrangements. clared indigent and were granted legal aid by the Reg- Efforts to finalize a memorandum of understanding istrar. Regarding the case against Jean-Pierre Bemba between the African Union and the Court contin- Gombo, relating to rape and sexual crimes commit- ued. On 2 September, the Prosecutor met with the ted in the Central African Republic between October Secretary-General of interpol to pursue a coopera- 2002 and March 2003, the Registrar travelled there to tion agreement. increase awareness about the Court’s activities. Report of Secretary-General. The General As- sembly, in resolution 62/12 [YUN 2007, p. 1351], re- International cooperation quested the Secretary-General to inform it on the ex- penses incurred and reimbursements received by the The Rome Statute obliged its States parties to co- United Nations for assistance provided to icc. In Oc- operate fully with the Court in its investigations and tober [A /63/471], he informed the Assembly that from prosecutions and provided the basis for the cooperation October 2004 to August 2008, the United Nations of States, international organizations and civil society had provided facilities and services in the amount of with the Court. Cooperation with the United Nations $989,785, including reimbursements for conference continued to be essential to the Court institutionally and related services, field security costs, library serv- and in the different situations and cases. The Court ices and document digitization. In addition, monuc received public and diplomatic support by the United provided transportation and other services to icc Nations and operational support from UN missions in amounting to $102,253. The Court had regularly re- the field. The first phase of the digitization of the entire imbursed the United Nations upon receipt of invoices. legislative history of the Rome process was concluded Two annexes to the report provided information on with cooperation from the Secretariat of the Assembly facilities and services provided to icc by the United of States Parties and the UN Office of Legal Affairs. Nations and by monuc since October 2004.