United Nations Security Council Resolution 1995
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United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....

 1995
, adopted unanimously on July 6, 2011, after recalling resolutions 955
United Nations Security Council Resolution 955
United Nations Security Council Resolution 955, adopted on November 8, 1994, after recalling all resolutions on Rwanda, the Council noted that serious violations of international humanitarian law had taken place in the country and, acting under Chapter VII of the United Nations Charter, established...

 (1995), 1503
United Nations Security Council Resolution 1503
United Nations Security Council Resolution 1503, adopted unanimously on August 28, 2003, after recalling resolutions 827 , 955 , 978 , 1165 , 1166 , 1329 , 1411 , 1431 and 1481 , the Council decided to split the prosecutorial duties of the International Criminal Tribunal for the former Yugoslavia ...

 (2003) and 1534
United Nations Security Council Resolution 1534
United Nations Security Council Resolution 1534, adopted unanimously on March 26, 2004, after recalling resolutions 827 , 955 , 978 , 1165 , 1166 , 1329 , 1411 , 1431 and 1481 , the Council called on the International Criminal Tribunal for the former Yugoslavia and the International Criminal...

 (2003) on the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...

 (ICTR), the Council permitted temporary judges at the tribunal to vote or stand as candidates in elections to the presidency of the ICTR.

The resolution was adopted in response to shortages in staffing at the tribunal.

Observations

In the preamble of the resolution, the Security Council recalled Resolution 1966
United Nations Security Council Resolution 1966
United Nations Security Council Resolution 1966, adopted on December 22, 2010, after recalling resolutions 827 and 955 , the Council established a residual mechanism to conclude the remaining tasks of the International Criminal Tribunals for Rwanda and former Yugoslavia...

 (2010) which established a residual mechanism
International Residual Mechanism for Criminal Tribunals
The International Residual Mechanism for Criminal Tribunals is a mechanism established by United Nations Security Council resolution 1966 to finish the work begun by the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda . It will be subdivided...

 and called on the ICTR to complete all its work by December 31, 2014. It further recalled that the branch of the mechanism relating to the ICTR was to begin functioning on July 1, 2012.

Meanwhile, Council members acknowledged that four permanent judges would be redeployed from the Trial to the Appeals Chamber and two others would leave the tribunal, upon the completion of their cases. There was concern at staffing levels at the tribunal.

Acts

Acting under Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...

, the Council decided to allow temporary judges at the ICTR to vote and stand as candidates in elections to the presidency of the tribunal. In this regard, temporary judges elected to the presidency would have the same powers as permanent judges, and, if elected as Vice President, could act as President when required to do so. This would not affect the temporary status of the judge.

The resolution gave Judge Dennis Byron
Dennis Byron
Charles Michael Dennis Byron is the President of the Caribbean Court of Justice. He also serves as President of the Commonwealth Judicial Education Institute, and is former President of the International Criminal Tribunal for Rwanda , and former Chief Justice of the Eastern Caribbean Supreme Court...

 special permission to work part-time while engaging in another judicial occupation from September 1, 2011 until the end of his current case. The Council noted the intention of the tribunal to complete the case by December 2011, and urged the President of the ICTR to ensure that Judge Byron remained impartial and that there was no conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....

 or delay in the case.

Resolution 1995 reaffirmed the importance of the trial of all persons indicted by the ICTR, calling on all states, particularly those in the African Great Lakes
African Great Lakes
The African Great Lakes are a series of lakes and the Rift Valley lakes in and around the geographic Great Rift Valley formed by the action of the tectonic East African Rift on the continent of Africa...

 region, to co-operate with the tribunal. In particular, the arrest of Félicien Kabuga
Félicien Kabuga
Félicien Kabuga is a Rwandan businessman, accused of bankrolling and participating in the Rwandan Genocide. He has always claimed he is innocent.-Early life:...

, Augustin Bizimana
Augustin Bizimana
Augustin Bizimana is a Rwandan politician. He is chiefly known for his alleged role in the Rwandan Genocide.Born in Gituza commune, Byumba Province, Rwanda, of Hutu ethnicity, Bizimana held the position of Minister of Defence in the government of Juvénal Habyarimana formed on 18 July 1993.After...

, Protais Mpiranya
Protais Mpiranya
Protais Mpiranya is a Rwandan soldier, who is alleged to have participated in the Rwandan Genocide.- Background and role in genocide :An ethnic Hutu, Mpiranya was born in Gitarama prefecture. In 1993, he held the rank of major in the Rwandan Armed Forces and was second-in-command of military...

 and other indictees was called for.

Meanwhile, Council members stressed the necessity of the tribunal being adequately staffed in order to carry out its work. Finally, the Council praised states that had concluded agreements with the enforcement of sentences of persons convicted by the ICTR to serve their sentences in their territories, and urged countries that had not concluded agreements to do so.

See also

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