~ 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 . Rwanda (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 Sri Lanka, 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 .