The Security Council, recalling its decision of 22 December 2010 to establish an International Residual Mechanism to “continue the functions” of the International Criminal Tribunals for the Former Yugoslavia and Rwanda in anticipation of completion of the courts’ work, this morning appointed the Prosecutor of the “Mechanism”, to begin his four-year term tomorrow, 1 March.
Unanimously adopting resolution 2038 (2012), the Council appointed Hassan Bubacar Jallow, on the Secretary-General’s nomination, following its earlier decision contained in its resolution 1966 (2010) that the Mechanism’s Prosecutor might also hold the office of Prosecutor of the International Criminal Tribunal for Rwanda. The Council established the Mechanism to finish the remaining tasks of the Tribunals and maintain their respective legacies.
Resolution 1996 had requested both Tribunals to take all possible measures to complete all their remaining work no later than 31 December 2014, and decided that the Mechanism would continue the courts’ jurisdiction, rights, obligations and essential functions, subject to provisions of 1996 and the Mechanism’s Statute, as annexed to the text.
That annex set out in detail the Mechanism’s scope, timing, functions, and modalities, making clear that the Tribunals would have the competence to complete all trial or referral proceedings, which were pending with them, as of the start date of the respective branch of the Mechanism. Today’s resolution decides that the Rwanda branch would become operational as of 1 July, and be seated in Arusha, whereas The Hague would host the former Yugoslavia branch, which was due to commence its functioning on 1 July 2013.
Also according to resolution 1966 (2010), the Mechanism would have a roster of 25 independent judges, with not more than two of them nationals of the same State, and those judges would be elected by the General Assembly from a list submitted to it by the Council. It would operate for an initial period of four years beginning on the start date of each branch and be reviewed every two years thereafter, with a decision made for its continued operation for subsequent periods of two years, following each review. (For additional details of the resolution and its annex, see Press Release SC/10141 of 22 December 2010.)
The meeting began at 10:16 a.m. and was adjourned at 10:20 a.m.
The full text of resolution 2038 (2012) reads as follows:
“The Security Council,
“Recalling its resolution 1966 (2010) adopted on 22 December 2010,
“Having regard to Article 14, paragraph 4, of the Statute of the International Residual Mechanism for Criminal Tribunals (the Mechanism), annexed to resolution 1966 (2010),
“Having considered the nomination by the Secretary-General to appoint Mr. Hassan Bubacar Jallow as Prosecutor of the Mechanism (S/2012/112),
“Noting that, according to article 7, paragraph (a) of the Transitional Arrangements annexed to resolution 1966 (2010), the Prosecutor of the Mechanism may also hold the office of Prosecutor of the International Criminal Tribunal for Rwanda (ICTR),
“Recalling that pursuant to resolution 1966 (2010) the Mechanism’s branch for the ICTR shall commence functioning on 1 July 2012,
“Decides to appoint Mr. Hassan Bubacar Jallow as Prosecutor of the International Residual Mechanism for Criminal Tribunals with effect from 1 March 2012 for a term of four years.”