ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda December 2010/January 2011 UN Establishes Residual Mechanism for Tribunals On 22 December 2010, the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations decided, through Resolution 1966 (2010), to establish a single International Residual Mechanism for the two ad-hoc Criminal Tribunals which shall continue the material, territorial, temporal and personal jurisdiction of both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), respectively, as set out in their Statutes. While no decision has yet been The Security Council voted to adopt resolution 1966 (2010), which establishes the International Residual Mechanism for made as to the location of the Criminal Tribunals to finish the remaining tasks of the Tribunals Mechanism itself, it has however two for Rwanda and the Former Yugoslavia. branches, one branch for the ICTY (right) Rosemary A. DiCarlo, Deputy Permanent and one branch for the ICTR, Representative of the United States of America to the United Nations, chairs a Security Council meeting respectively. The branch of the ICTY ©UN Photo/Paulo Filgueiras shall have its seat in The Hague, The Netherlands. The branch for the The Arusha-based Mechanism shall review the progress of the work of ICTR shall have its seat in Arusha, commence functioning, on 1 July the Mechanism, including in Tanzania. 2012 and The Hague-based one on completing its functions, before the 1 July 2013. The ICTR and the ICTY end of this initial period and every have been requested to take all two years thereafter, and further that possible measurers to expeditiously the Mechanism shall continue to Contents complete all their remaining work no operate for subsequent periods of later than 31 December 2014, to two years following each such prepare their closure and to ensure a review, unless the Security Council ICTR Judicial Activities ........................ 2 smooth transition to the Mechanism, decides otherwise. through the preparatory work of the Activities of the ICTR Principals .......... 4 advance teams. Member States of the United Nations have been requested to cooperate Meeting with KADCO .......................... 6 As of the commencement date of with the Tribunals and the Interns’ Corner ..................................... 6 each branch, the mechanism shall Mechanism, including the obligation continue the jurisdiction, rights and of States to comply with requests for Staff Counselling & Welfare Unit ......... 6 obligations and essential functions of assistance or orders issued by the the ICTY and the ICTR, respectively, Mechanism, pursuant to its Statute. UNDSS Support to COP10 ................. 7 subject to the provisions of the Resolution and the Statute of the The Member States, especially Mechanism, and all contracts and where fugitives are suspected to be international agreements concluded at large, have been urged, to further by the United Nations in relation to intensify cooperation with and render the ICTY and the ICTR, shall remain all necessary assistance to the Editor-in-Chief: Roland Amoussouga in force mutatis mutandis in relation Tribunals and the Mechanism, as Associate Editor: Danford Mpumilwa to the Mechanism. appropriate, in particular to achieve Editing/Layout/Design/Photos: Rani Dogra Contributions: Cheickh Bangoura , Danford the arrest and surrender of all Mpumilwa, William Paterson, Emily Menze The Mechanism shall operate for an remaining fugitives as soon as Monie, Bhaviman Mukhia initial period of four years from the possible. first commencement date, and to E-Mail: [email protected] The Tribunals and the Mechanism ICTR Newsletter December 2010/January 2011 have also been urged to actively undertake every effort Decision denying the Defense Motion for to refer those cases which do not involve the most Disqualification. On 26 January, the Chamber issued senior leaders suspected of being most responsible for an Order for the Resumption of Trial starting 31 crimes to competent national jurisdictions in January. During the reporting period, the Chamber accordance with their respective Statutes and Rules of issued five written or oral decisions. Procedure and Evidence. Trials in Judgement Drafting Phase Furthermore, Member States have been called upon to cooperate to the maximum extent possible in order to Nyiramasuhuko et al. (“Butare”) receive referred cases from the Tribunals and the Deliberations and judgement drafting continued. Mechanism. Nidiliyimana et al. (“Military II”) The Mechanism shall consist of the following organs: Deliberations and judgement drafting continued. • The Chambers, comprising of a Trial Chamber for Bizimungu et al. each branch of the Mechanism and an Appeals Deliberations and judgement drafting continued. Chamber common to both branches of the Mechanism. The Secretary-General of the United Trial Chamber III Nations shall, after consultation with the President of the Security Council and the judges of the Ongoing trials Mechanism, appoint the President from among the judges of the Mechanism. Nzabonimana The Trial Chamber issued four decisions during this • The Prosecutor common to both branches of the period. It heard no evidence due to Judges in the Mechanism. The Prosecutor shall be appointed by Chamber sitting on other cases. the Security Council on nomination by the Secretary – General of the United Nations. He shall Karemera et al. serve for a four-year term and be eligible for In the Karemera et al. case, the Chamber issued 4 reappointment. The terms and conditions of service written decisions in December 2010 and 1 written and of the Prosecutor shall be those of an Under- 3 oral decisions in January 2011. The Defence of Secretary General of the United Nations. Matthieu Ngirumpatse resumed on 10 January 2011. Three witnesses were heard on the first two days of • The Registry common to both branches of the the session. Matthieu Ngirumpatse has been on the Mechanism, to provide administrative services for witness stand since 17 January and his examination-in the Mechanism, including the Chambers and the -chief ended on Friday 28 January. Prosecutor. The Registrar shall be appointed by the Secretary – General of the United Nations for a Ndahimana four - year term and be eligible for reappointment. The Defence case commenced on 17 January 2011. The terms and conditions of service of the The Chamber heard 10 witnesses by the end of the Registrar shall be those of an Assistant Secretary – reporting period. The Trial Chamber issued three General of the United Nations. decisions. ICTR Judicial Activities Trial in Judgement Drafting Phase Gatete • Work of the Trial Chambers and the Appeals Deliberations and judgement drafting continued. Chamber in December 2010 and January 2011 Ongoing Trials Trial Chamber I Nizeyimana: The work of this Trial Chamber has been completed. The Chamber issued twenty-two decisions and two corrigenda during the months of December 2010 and Trial Chamber II January 2011. The trial commenced on 17 January 2011 before Judges Muthoga (presiding), Park and Ongoing Trials Fremr. As of 28 January 2011, the Chamber has heard the complete testimony of twelve Prosecution Ngirabatware witnesses. The Defence case continued through 14 December 2010. On 6 December 2010, the Chamber directed the Pre-Trial Prosecution to begin its cross-examination of the Accused that day, but deferred the cross-examination Uwinkindi on the newly raised alibis until 17 January 2011. On 17 The referral Chamber composed of Judges Arrey January, the Chamber decided, on an oral request of (presiding), Short and Fremr assigned by the President the Defence, to adjourn the proceedings pending a to decide on the Prosecution's request to transfer the session by the Bureau on a Defence Motion filed 5 Uwinkindi case to Rwanda pursuant to Rule 11 bis, January 2011 to Disqualify the Judges of the issued two decisions during the reporting period. Chamber. On 25 January, the Bureau issued its -2- ICTR Newsletter December 2010/January 2011 Kayishema 9 November 2010. Both parties filed notices of appeal The referral Chamber, composed of Judge Joensen in December 2010 and the briefing is in progress. (presiding), Kam and Rajohnson rendered one decision in each of the instances deferring the referral The Trial Judgement in the Hategekimana case was proceedings until a final decision is reached in the rendered on 6 December 2010 and has not yet been Uwinkindi referral procedure or until the accused issued in writing. The Appeals Chamber confirmed that persons are arrested. Ildephonse Hategekimana will have 30 days from the filing of the written judgement to file his notice of Sikubwabo appeal. The referral Chamber, composed of Judge Joensen (presiding), Kam and Rajohnson rendered one In addition to these appeals, the Appeals Chamber is decision in each of the instances deferring the referral seized of two interlocutory appeals in the Karemera & proceedings until a final decision is reached in the Ngirumpatse and Nizeyimana cases, two requests Uwinkindi referral procedure or until the accused for review in the Kamuhanda and Karera cases, as persons are arrested. well as three other requests in the Niyitegeka, Nshogoza, and Karemera & Ngirumpatse cases. Appeals Chamber During 2010, the Appeals Chamber delivered 5 In December and January, the Appeals