~ t.'~ THE SECRETARY-G.ENERAL

19 June 2009

Dear Mr. President,

I have the honour to transmit the attached letter dated ~ 7 May 2009 from Judge Patrick Robinson, President ofthe International Tribunal for the fanner Yugoslavia (ICTY) and the attached letter dated 29 May 2009 from Judge Dennis Byron, President ofthe International Criminal Tribunal for . (ICTR). Both letters directly relate to the ability ofthe International Tribunals to implement their completion strategy.

In his letter, President Robinson requests that the Security Council:

(a) expands the membership ofthe Appeals Chamber by authorizing the President to redeploy four permanent judges from the trial Chambers to the Appeals Chamber; (b) extends the term ofoffice ofjudges ofthe ICTY; and (c) authorizes the ICTY to exceed temporarily the statutory maximum number of ad litem judges serving at the Tribunal.

Similarly, President Byron requests that the Security Council:

(a) expands the membership ofthe Appeals Chamber by authorizing the President to redeploy four permanent judges from the Trial Chambers to the Appeals Chamber; and (b) extends the term of office ofjudges ofthe ICTR.

In addition, President Byron is asking the Security Council to allow one judge to engage in another professional occupation in his home country and to work part-time while drafting his final judgment; and to reconsider the entitlements ofad litem judges.

His Excellency Mr. Baki Ilkin President ofthe Security Council New York Both letters provide detailed explanations of, and justification for, the requests.

I would be grateful ifyou could bring the letters from President Robinson and President Byron to the attention ofthe members ofthe Security Council. Early action,is needed in order to provide the International Tribunal with the continuity, stability and certainty necessary for the efficient and effective implementation oftheir completion strategies. I would therefore appreciate the Security Council considering this matterat the earliest opportunity.

Please accept, Mr. President, the assurances ofmy highest consideration. (:.~ ~~ ~dlf, ~ THE SECRETARY-GENERAL

19 June 2009

Dear Mr. President,

I have the honour to transmit a letter dated 27 May 2009 from Judge Patrick Robinson, President ofthe International Tribunal for the former Yugoslavia (ICTY) and a letter"dated 29 .May 2009 from Judge Dennis Byron, President ofthe International Criminal Tribunal for Rwanda (ICTR) (see arinex). Both letters directly relate to the ability.ofthe International Tribunals .to implement their completion strategy.

In his letter, President Robinson requests that the Security Council:

(a) expands the membership ofthe Appeals Chamber by authorizing the President to redeploy four permanent judges from the Trial Chambers to the Appeals Chamber;" (b) extends the term of office ofjudges ofthe ICTY; and (c) authorizes the ICTY to exceed temporarily the statutory maximum number of ad litem judges serving at the Tribunal.

Similarly, President Byron requests that the Security Council:

(a) expands the membership ofthe Appeals Chamber by authorizing the President to redeploy four permanent judges from the Trial Chambers to the Appeals Chamber;and (b) extends the term of office ofjudges ofthe ICTR.

In addition, President Byron is asking the Security Council to allow one judge to engage in another professional occupation in his home country and to work part-time while drafting his final judgment; and to reconsider the entitlements of ad litem judges.

His Excellency Mr. Miguel d'Escoto Brockmann President ofthe General Assembly New York Both letters provide detailed explanation of and justification for the requests.

I would be grateful ifthe present letter and the annex could be circulated as a document ofthe General Assembly.

Please accept, Mr. President, the assurances ofmy highest consideration.'

B ROUTING SLIP FICHE DE TRANSMISSION TO: Mr. Nambiar A:

Through: Mr. ·Kim FROM: DE: Adnan T. Issa

Room No. - No de bureau Date S-3274A 3.1091 June 18, 2009

FOR ACTION, pIs POUR SUITE A DONNER

FOR APPROVAL, pIs. POUR APPROBATION

FOR SIGNATURE POUR SIGNATURE

FOR COMMENTS POUR OBSERVATIONS

rviA Y WE DISCUSS? POURRIONS-NOUS EN PARLER?

YOUR ATTENTION, VOTRE ATTENTION AS DISCUSSED COMME CONVENU

AS REQUESTED SUITE'A VOTRE DEMANDE

RETURN RETOURNER

FOR INFORMATION POUR INFORMATION

Subject: ICTR & ICTY

I have reviewed the attached notes from Judge Robinson (ICTY) & Judge Byron (ICTR). I have also reviewed the two notes provided by 'OLA. I have also reviewed the two draft letters to the Presidents ofthe Security Council and General Assembly. In light ofthe advice ofthe Legal Council, the SG has to act in the role of conveying the requests of ICTY & ICTR to the GA and Security Council and enable them to consider and make their judgment. In this vein, while the letter to the Security Council does put across that neutral stance, the draft letter to the PGA has language that may be construed as SG endorsement ofthe proposal. Therefore, I propose to eliminatethe sentence below altogether. It would not detract from the purpose ofthe 'letter.

"I believe that the proposals wouldprovide the International Tribunals with the continuity, stability and certainty necessaryfor the efficient and effective implementation oftheir respective completion strategies."

I have advised OLA as well and they have no difficulty with this approach.

Your approval is recommended. CTIO~ ) G orv V rJ

Note to the Secretary-General

Through Mr. Nambiar

PROPOSALS FROM THE ICTY AND "THE ICTR L--'

Introduction

" 1. Judge Patrick Robinson, President ofthe International Tribunal for the former Yugoslavia (ICTY) and Judge Dennis Byron, President ofthe International Criminal { i Tribunal for Rwanda (ICTR) 'request that the Secretary-General transmits the attached letters dated 27 May 2009 and 29 May 2009, respectively, to the President " of the Security Council and the President of the General Assembly.

2. The letters contain proposals directly r.elatedto the abilityof t4~_JG.TR..~J!_~_Q1e ,J ~TY toimplement their _ ~ 0_m2J~!! 9.!?: _ ~J~~ t e_g i e s .. The Security Council Informal Working Group on International Tribunals is considering the proposals and discussing draft resolutions prepared with the assistance ofmy Office.

- 3. Both Tribunals are proposing the extension ofthe mandate ofjudges and the expansion of the Appeals Chamber. In addition, Judge Byron has submitted proposals concerning: (a) allowing one judge to engage in another professional occupation in his home country and to work part-time while drafting"his final judgment; and (b) entitlements of ad litem judges. On his part, Judge Robinson . requests permission to appoint one ad litem Judge in excess ofthe statutory limit.

Extension.of the mandate ofjudges

4. The terms of office of ICTR and ICTY trial judges will expire on 31 December 2009. The terms of office of Appeals Chamber judges expire on 31 December 2010. According to current projections, trials will .not be completed by the end of 2009 and some appellate proceedings will not be completedby the end of 20 1o. Consequently, Judge Byron and Judge Robinson are seeking the extension of the terms of office of the judges. The discussions in the Working Group suggest that the Security Council will extend the tenus of office oftrial judges until 31 December 2010. Some members oppose extending the term of office ofthe Appeals Chamber judges beyond 2010 at this stage.

Expansion of the Appeals Chamber

5. The ICTR and the ICTY are asking the Security Council to enlarge the membership oftheir joint Appeals Chamber in anticipation of an increased workload. They have proposed that up to 8 Trial Chamber permanent judges (4 from each Tribunal) should be re-deployed to the Appeals Chamber when they complete their cases. If the capacity ofthe Appeals Chamber is not augmented, it will take much longer, possibly until 2015, for the Tribunals to complete their work. 'The discussions in the Working Group so far point towards consensus on enlarging the Appeals Chamber, ICTR proposal to allow a judge to work part-time and to engage in another professional occupation

6. Judge De Silva, a permanent judge from , would like to return to the judiciary in his country and to work part-time until the delivery ofjudgment in mid­ 2010 in the case over which he is presiding at the ICTR. He has indicated that he is willingto forego his ICTR salary. Judge Byron is requesting Security Council authorization for this arrangement.

,ICTR proposal to re-consider the entitlements of ad litem judges

7. Unlike permanent judges, ad litem judges are not entitled to pension, relocation grant and other benefits because their service was supposed to 'be temporary and intermittent. However, by December 2009 nearly half ofthe ad litem judges will have served for more than six years due to the unpredictability ofjudicial proceedings. The ad litem judges feel that the difference in treatment betweentheln and the permanent judges is no longer justified. Accordingly, Judge Byron is asking the Security Council and the General Assembly to review the entitlements ofthese ad litem judges. The ICTY has not submitted a similar proposal.

ICTY proposal on the appointment of an additional ad litem judge

8.' The ICTY Statute provides that a maximum of 12 ad litem judges shall serve at the Tribunal at anyone time. In order to assign a reserve judge to the trial of Prosecutor v Karadiic, the Tribunal will have to exceed temporarily the prescribed statutory maximum. Judge Robinson is therefore requesting the Security Council to allow the temporary derogation from the Statute. The Security,Council previously has permitted a similar arrangement.

Patricia'O'Brien 1 June 2009 ~ l / Vv /:eVVl:J 003170 51 2530 7

U n ited NucionJi :IUDGE PATRICK N.::ltions Uniee H.E. ROBINSON PRESWENT

TELEPHONE: +31 70512.54.58 TELP.P~O};E; +31 70 S12.54.58 .I:.AX. : '~3 1 70 512.53.07 ~ FAX. : +31 70512.53.07 I : ! ACTIO!\!1 JVrs () B -{,· e~ -'h COpy V·;J 27 May 2009 r:-C,·

hltcrn~.l[Ic;.l\nl Ctlli,h)nl Trlbunnl Excellency, fur du o! former Y\.IIlQliI:1V&il TrJbul\~1 By this present letter, I wish to bring to your at:elltion tlrree i.ssues of . Pennl 100:ern~don:lJ pnur I' ex-YoUEwhlvj~ importance to the efficient in1plementation ~f the C0I!!fi~tioll-Str~t~.g~ of tbk_. International Criminal Tribunal for the former Yugoslavia as contained in SecUIi~y. Council resolutionT5~1I20Q~)~--~,~· ~------· --- · -·--- · ---- · - ·-- . --- --..-- -.,-.-- i, I: 1. Redeployment oftrial judges to the Appeals Chamber

T;':0':~ ({ -~i - if~ ~--- - r~ i'::::\ I The ~st.issue concerns the necessity of redeploying 4 IC!Y and 4.IC~ f L..J) rJ:~-- \:-ry '" ,I . ~' :C ~ p,effPanent tnal Judges to the Appeals Chamber upon the completion of their tnal li:") \:: '. ' r1W to expedite the work ofthe Appeals Chamber. ,Wi U MAY 2 7 200 ; ~..j; ! . '. . ; ' ~ " .: ;= J~l The Tribunal has made an assessment of its projected appellate ·work and l l 0 :,::,' ~()«aJ-o 7'1 .., co luded that with the current composite ofJudges on the Appeals Chamber it will O ; -- i - ; '- ' ; ~i '-;' -O ; _ " ( " ; : i ;~: ; ," ;ie,S not complete its wor~c ~til :015. With the re~eploymentof 8 additional judges, 4 ----...---.- -_...._- - IG ! · and 4 ICTR, It 15 estimated that the Tnbunal can complete most appellate iI' work by 2012) with four cases utilizing six judges running into July 2013. It is I : anticipated that the first redeployment of a trial. judge to the Appeals Chamber from the ICTY will take place in October 2010} and the last redeployment with the end of the Karadzic case in February 2012. This proposed redeployment is contained in the Tribunal's 2010-2011 biennium budget submission and it is upon that basis that I bring it to your attention at thistime,

2. Extension ofthe mandate of appeal, trial and ad litem -Iudges

The second issue concerns the .necessity of extending the mandate of the Tribunals ad litem judges, permanent trial judges and appeals judges to allow the Tribunal to complete its outstanding work. Security Council resolution 1837 (2008) of 29 September 2008, extended the terms of office of Permanent Judges who are members of the Appeals Chamber until 31 December 2010, or until the completion of the cases before the Appeals Chamber if sooner. It also extended the terms of office of permanent trial judges and ad litem judges of the Tribunal until 31 December 2009, or until the completion of the cases to which they are assigned if sooner. The Tribunal's projections show that different judges will be required for longer periods of time than other judges. Based on these projections, the Tribunal currently estimates that the following extensions will be required

TIle·following permanent Judges currently assigned to the Appeals Chamber require extensions oftheir mandates until 31 July 2013~ or until the completion ofthe cases to which they are .assigned on the Appeals Chamber ifsooner: hH r:- r", ••h'lJlICIj 'rihu"..1 fill rhe Prcsccucton 01 Pe ruons Rc apuna ih lc fliTSl: r L~u:o Vlul:'lluh:. .:,(Inrernnt tonnl l-lul1'Ii1 l1l\;m:," 1..:",. ( :r.1n\ll·t/I lcd ill II'u- TL:rrhCJ rr O([\l1:' Former )'UJ::tI) )-.lvji lllinlJt 1~l)I. Tr ibuna] Inl\.7n:lliulml ( ...:I III 'l~C .:11: rCAJ.1>ul"'r~ It') I'ers ounce P rr:,'"TU· .,.:, R r=;p L 'I\;lIl hl~ de V'olntlollr. Gr;t VI.: t> du I)n,j, II11r.ruullulIlal11ult m lli llill C C": CJ mm L\t:So :iUf h: Terrircir« de l ·ex·\'O \l'~LL"\,," ir dC:fluls 1991.

Cl-urch illplsln 1, 25 17 ]W The Hague . P .O. Box 13888, 2501 EW The Hague: . Nerherlaods C hurchlllplein L, 2517 JW I"':i Ha ve . B.P, 1388B. 250' e.W L~ Have • Pays-Bus 'T_ 1. -L. '::11 ' '-'\ ,]0 (""'7 t: NV'\ 1: 3 ), . _1- 'U Im?n 512 ...5345 . lrircrn ct: http'/Iwww un [')I'gllerv

REeEl VEDT IME "'MAY, 27I 9:38AM ' . . '.'. .t"A_~ z1/ U 5 z UU 8 l 5 : J 4 UU J l 'r U 5 l Z b J U "I ~UUJ 0031705125307

2

Judge Patrick Robinson () Judge Liu Daq1-ID () Judge Theodor Meron (United States ofAmerica)

The following permanent Judges currently assigned to the Appeals Chamber require extensions oftheir mandates until 31 December 20 12~ or untiJ the completion of the cases to which they are assigned on the Appeals Chamber ifsooner:

Judge'Fausto Pocar () Judge Carmel Agius ()

The following permanent Judges currently assigned to the "[rial Chambers and to be redeployed to the Appeals Chamber followingthe completion of their trials require extensions oftheir mandates until 31 July 2013, or until the completion of the cases to which they are assigned on the Appeals Chamber if sooner:

Judge O-GOll Kwon (Korea) Judge Jean-Claude Antonetti (France)

The following permanent Judges currently assigned to the Trial Chambers and to be redeployed to the Appeals Chamber following the completion of their trials require extensions oftheir mandates until 31 December 2012) or until the completion ofthe cases to which they are assigned on the Appeals Chamber ifsooner:

Judge Alphons Orie (The Netherlands) Judge Bakone Justice Moloto (South Africa)

TIle following permanent Judges assigned to the Trial Chambers require extensions of their mandates until 31 December 2010, or until the trial to which they are assigned are completed, whichever is sooner:

Judge Kevin Parker (Australia) Judge Christopher Flugge (Gemlany) Judge Christine Vanden Wyngaert (Belgium) (elected to the International Criminal Court and expected to resign 1 September 2009) :Replacement of Judge Mohamed Shahabuddeen (Guyana) (resigned effective 11 'i I' May 2009) I I; The following permanent Judges assigned to the Trial Chambers require extensions of their mandates until 31 July 2012, or until the trial to which they are assigned are completed, whichever is sooner: '

Replacement of Judge lain Bonomy (United Kingdom) (resigned effective 21 i. August 2009)

RECEIVED TIME MAY. 27. 9: 38AM ' ~I /U O ~ UU ~ ~O:JO ~ aA U U J ~lUOL ~ OJUl ~UU4 . " 003170 5125 30 7

3

The following ad litem Judges assigned to trials require extensions oftheir mandates and tenus of service where necessary until31 December 2010> or until the tri a s to which they are assigned are completed, whichever is sooner:

Judge Pedro R. David (Argentina) Judge Michele Picard (France) Judge Uldis Kinis (Latvia) Judge Frederik Harhoff()

The following ad litem Judges assigned to trials require extensions oftheir mandates and terms ·of service where necessary until 31 December 20J 1, or Until the trials to which they are assigned arecompleted, whichever is sooner:

Judge Elizabeth Gwaunza () Judge Flavia Lattanzi (Italy) Judge Antoine Kesia-Mbe Mindua (Democratic Republic of Congo) Judge Arpad Prandler (Hungary) Judge StefanTrechsel (Switzerland)

The following ad litem Judge assigned to trials requires the extensions of his mandate and term of service.until28 February 2012~ or until the trials to which they are assigned are completed, whichever is sooner: .

Judge Melville Baird (Trinidad and Tobago)

Finally, the Tribunal requests the extension ofthe tenus ofoftice ofthe following ad litem Judges, who are not .currently appointed to serve at the Tribunal> until 3] July 2012, or until the completion ofany cases to which they may be assigned if sooner:

.Fran s Bauduin (The Netherlands) Burton Hall (The Bahamas) Jawdat Naboty (Syrian Arab Republic) Raimo Lahti (Finland) Chioma Egondu Nwosu-Iheme (Nigeria) Prisca Marimba Nyambe (Zambia) Brynmor Pollard (Guyana) Vonirnbolana Rasoazanany () Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)

3. The assignment of a 13th ad litem..Iudge

The third issue is a request that the Tribunal be permitted to go beyond. the statutory limit of 12 ad litem judges and call for the assignment of one additional ad litem, taking the number ofad litem Judges to 13 to allow the: Tribunal to commence ' . the Karadiic case in August with a reserve Judge. The Tribunal anticipates that in November 2009, it will return to 11 ad litem Judges with the delivery of Judgement in the Popovic et. al case and the departure -of two ad litem Judges at that time (Judge Kimberly Prost (Canada) and Judge St01e (Norway)).

REen YEDT 1ME MA Y, 27, 9:38AM J:.1IUv . .. VVO .Lv.v~ r.tL.a.. UU v.L/U~.J...c.~vUI 4:!d UUv 0031705125307

4

The Tribunal requests that it be permitted to assign up to 13 ad .litem Judges for the period of 1st August 2009 to '31 st December 2009&

I would be grateful if you would bring this letter to the attention of the Security Council and the General Assembly for their consideration.

Please'accept, Excellency, the assurances ofIny highest consideration

Patrick Robinson President

H.E. Mr. Ban Ki-moon Secretary General New York, NY 10017 United States ofAmerica

RECEIVED TIME MAY. 27. 9:38AM .c.. t lUv .c..vvo .J...... c.Jc.J .r ~ VVV.J..IV~.Lr..Uc.JVI If!':J UU .L . / 003 17 051253°0 UNITED NATIONS ' ~ NATI()NS UNIES

INTERNATIONAL TRIBUNAL FOR THE PROS£CUTION TRIBUNAL INTERNA'TIONAL CHARGE DE POURSUlVRE OF PERSONS RESPONSmLE FOR SERIOUS VIOLATIONS LES PERSONNE.S; PRESUMEES n.ESPONSABLES OJi~ INTERNATIONAL IJUMANITARIAN LA\V COMMIITED DEVIOLATIONS GRAYIc;S I>UDROIT INTERNATIONAL IN TfU~; ....ERRlTORY OF THE FORMER YUGOSLAVIA IIUMANITAlRE C01~IMJSESSUR LE TERRITOIRE DE SINCE 1991 L>EX- YOU(;OSI,.AVIE ::DIfFUlirl'~ :-"- ·R' ~ .~ ~ . ;;~~ _ . ~~ :. , ~ ' .,~ ~ . ~a; .fir rr .". . ~I_~ ' .~ ·'~( -l : i 1· •.~::; - ...... ( i I\,~clnDrffi:~; i ·:1 TO: Office ofthe Secretary-General FROM: Gabrielle i . ! ) rf. ~ United Nations Headquarters. de ~ ~ ...r / ; Chef Cabinet .MAY 27 2009 . ..../ j New York, USA P~ 61. Office oftile Presl a c:: (JG' /' I I l~ FAX No.: 3~21.55 FAX No.: 1 7 V -0 \ -.1(Q...k .. J i +31.70.512.53.01 ~,.;. r:U:l\,'f;.· ~)t. ~.~ '";. I ~ ,!,. ~ ??JF;fV' : .", ·: : · L~~~· ;· ,lf~ 31 70 51" 89 14-:---~ .---,.... ~._.- _~. _. : TEL. No.: 7.42.09 TEL. No.: + . . J:.. ; ' ••_.;_._ •..•.. ~ AnN.: Mr. VijayNambiar, Chef de Cabinet REF.: i I' J DATE: 27 May 2009 PAGES: 5 (including this page)

Dear Mr. Nambiar,

Could you kindly forward attached letter from President Robinson to the Secretary-General,

Thank you for your cooperation.

i.

NOTE DE CQNFIDENT1ALITE Cette transmission Iacslmllee contlent des informations appartenant aux Nations Unlas strictement confklentielles et/ou protegees par la loi. Son utilisation est uniquernent reservee aux officiels des Nations Unies et/eu la personne sus-cltee. Toute revelc.tion, copie, distribution ou autre utilisation non autorisee des .Informations contenues dans ce document sent rigoureusement interdftas. Si vous recav~~z cette transmission facslrnilee par erreur, veuillez en informer las Nations Unies. Churchillplein 1, 2517 JW La Haye. B.P. 13888, 2501 La Haye. Pays-Bas

RECEIVED TIM E MAY . 27. 9:38AM Confidential'

Note to Mr. Kim

PROPOSALS FROM THE ICTY AND THE ICTR

1: I.am sending this Note as a basis,for our discussion, in relation to'the letters dated,27 ,May 2009 and 29 May 2009 from Judge Patrick Robinson, President of the . International Tribunal for the former Yugoslavia.(ICTY) and Judge Dennis Byron, President of the International Criminal Tribunal for Rwanda (ICTR).

2. The letters contain proposals for the extension ofthe term of office'(length of service) ofjudges and an increase in the number of judges ofthe Appeals Chamber. In'addition," Judge Byron has submitted proposals concerning: (a) allowing'one , judge to engage in another professional occupation in his home country and to work part-timewhile drafting his final judgment; and (b) entitlements of ad .litemjudges. Judge Robinson also requests permission to appoint one ad litem judge in excess'of the statutory limit. The Security Council Informal Working Group on International Tribunals has recently discussed the 'proposals and is .eonsidering draft resolutions to make any necessary amendments to the ICTR and ICTY Statutes. -

3. The Presidents have submitted these proposals in order to pursue their duty to .implementthe completion strategies of the Tribunals. As the Tribunals are subsidiary organs ofthe Security Council, their proposals are discussed in substance

among the members ofthe Council in the Working.Group. While the Security r Council is receptive and weIcorning to the assistance provided by OLA) the discussion is highly political on many ofthe issues, OLA, as the secretariat ofthe " . Working Group, exercises caution in entering the political'discussion and restraint in expressing views on the substance oftheproposaIs. OLA's role is limited to helping . the Tribunals presenttheir proposals clearly, and to 'giving drafting assistance to,the .Chairman ofthe Working Group. . \ Extension of the term of office (length of service) of judges

4. The terms ofoffice ofICTR and ICTY trial judges will expire on 31 December 2009. The terms ofoffice ofAppeals Chamberjudges expire on 31 December 20"10. According to the Tribunals' current projections, trialswill not be completed by the , end of2009 and appellate proceedings will not be completed by the end of2010. ' Consequently, Judge Byron and Judge Robinson are seeking the extension ,ofthe terms of office of the judges (ICTR to .December 2010 for trial judges and December 20 1 ~ for appeals judges; ICTY to various dates up to mid-=20 13 for some appeals judges).' .

'5. ' In making theseproposals, the Presidents ,are seeking realistic terms ofoffice for the judges in light ofthe schedule oftrials and appeals. However, it islikely that the . Security Council will extend the terms of office of all judges only until 31 December 2010. ,While thirteen members ofthe Council'are in favour ofextending the term of Confidential

office of Appeals Chamber judges to ·2011 (in line with the Tribunals' biennial . budgets and in order toassist in staff retention), Russia and China oppose extension's beyond .31 December 2010 at this stage for political reasons.

Expansion of the Appeals Chamber

6. T];1e ICTR and the ICry are asking the .Security Council to enlarge the membership oftheir joint Appeals Chamber in anticipation of an increased appeals workload. They have proposed that up to 8 Trial Chamber permanentjudges (4 from each Tribunal) should be re-deployed to the Appeals Chamber whenthey complete their trials. The Tribunals' proposed budgets for the 2010-2011 biennium have factored in the expansion ofthe Appeals Chamber. .

7. Ifthe capacity ofthe Appeals Chamber is not augmented, it will take much longer, possibly until 2015, for the Tribunals to complete theirwork. Hence the Tribunals have explained to the Working Group that ultimately the expansion will save costs. The expansion ofthe Appeals Chamber is clearly a necessary step and the Working Group is vety likely to accept the proposals. '

ICTR.proposal to allow a judge to work part-time and to engage.in another professional occupation .

8. Judge De Silva, a permanentjudge from.Sri Lanka, would liketo return to the judiciaryin.his country andto work part-time until the delivery ofjudgment in mid­ . 2010 in the case over which he is presiding at.the ICTR. He has indicated that he is . willing to forego his ICTR salary. Judge Byron is requesting Security Council authorization for this arrangement, which would otherwise be incompatible with the IcTR Statute.

.9. The Working Group has raised a number of questions about this proposal, 'and it is not clear at this stage whether or hot they will support it. However; Judge De Silva was sworn in this week as ChiefJustice'ofSri Lanka and, he has made it clear that he ' will resign from the ICTR if not authorized to work part time. In that event, the .trial would: have to be restarted, thereby significantly delaying the completion ofthe ICTR work. For this reason, we believe it is likely that the Working Group will authorize the part time work as a very exceptional measure.

ICTR proposal to re-consider the entitlements of ad litem judges . .

10. Unlike permanent judges, ad litem judges.are not entitled to pension, relocation grant and other benefits because their service, as originally envisaged, 'was intended to pe temporary and intermittent. However, by December2009 nearly half ofthe ad litem . judges at the ICTI,t will have served for more than six years. ' Th ~ ad litem judges believethat the difference in treatment between them and the permanent judges is no longer justified. Accordingly, Judge Byron is askingthe Security Council arid the General Assembly to review the entitlements of these ad litem judges. . Confidential"

11. The entitlements ofjudges are a matter for the General Assembly; therefore the ", Security Council will not take a decision on this proposal, ~t most, the Security Council resolution will encourage a review 'of the entitlements ofad litemjudges.·

ICTY proposal'on the appointment of an additional ad litem judge . . '" .

12. The ICTY Statute provides that a maximum of 12 ad liten1ju4ges shall serve at the " Tribunal at anyone time. In order to assign a reserve.ad litem judge to the trial of Prosecutor v Karadiic, the Tribunal will need to..exceed temporarily this prescribed statutory maximum. Judge Robinson is therefore requesting the'Security Council to allow the temporary increase in the.maximum to 13 ad litem judges. TheWorking Group does notsee any problem with this proposal, which the Tribunals have clarified will be implemented within existing resources. The Security Council accepted similarproposals from both"the ICTR and the Ie'TY last year. .It is very likely to do so again this time.

~ . ' ,~ ., C~~~ " " "" Patricia O'Brien . " 1I· June 2009