United Nations Security Council Resolution 1966
Encyclopedia
United Nations
Security Council Resolution
1966, adopted on December 22, 2010, after recalling resolutions 827
(1993) and 955
(1994), the Council established a residual mechanism
to conclude the remaining tasks of the International Criminal Tribunals for Rwanda
(ICTR) and former Yugoslavia
(ICTY). It was the final Security Council resolution adopted in 2010.
The resolution was adopted by 14 votes to none against and one abstention
from Russia
, which stated that the tribunals would be able to complete their work by the agreed dates, and for this to be the final resolution on the matter. It argued that the work of the tribunals would have to be completed by 2014.
(2003) and 1534
(2004) which called for the completion of all cases in both tribunals by 2010, and acknowledged that this completion date could not be met. At the same time, the Council noted that the tribunals had contributed towards justice, accountability and the rule of law
in the former Yugoslavia
and Rwanda
. It reaffirmed that it was necessary to bring to justice all persons indicted by the ICTR and ICTY.
The preamble of the resolution indicated the need to establish a small and temporary ad hoc mechanism to carry out some functions of the tribunals after their closure, including the trial of fugitives.
, the Council established the International Residual Mechanism for Criminal Tribunals
with two commencement dates of July 1, 2012 and July 1, 2013 for the ICTR and ICTY respectively. A statute was also adopted for the mechanism, whose functions would gradually diminish over time. The tribunals were urged to complete all residual work by December 31, 2014 towards a transition to the mechanism. The Council urged the tribunals and the mechanism to make every effort to refer cases not involving those most responsible for crimes to competent national jurisdictions.
The Council further decided that the mechanism would continue the jurisdiction, rights, functions and obligations of the tribunals, and the Secretary-General Ban Ki-moon
was requested to submit a draft rules of procedure and evidence for the mechanism by June 30, 2011. The mechanism was to operate for an initial period of four years from the first commencement date and progress would be reviewed regularly.
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"....
1966, adopted on December 22, 2010, after recalling resolutions 827
United Nations Security Council Resolution 827
United Nations Security Council Resolution 827, adopted unanimously on May 25, 1993, after reaffirming Resolution 713 and all subsequent resolutions on the topic of the former Yugoslavia, approved report S/25704 of Secretary-General Boutros Boutros-Ghali, with the Statute of the International...
(1993) and 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...
(1994), the Council 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...
to conclude the remaining tasks of the International Criminal Tribunals 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) and former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY). It was the final Security Council resolution adopted in 2010.
The resolution was adopted by 14 votes to none against and one abstention
Abstention
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by...
from Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, which stated that the tribunals would be able to complete their work by the agreed dates, and for this to be the final resolution on the matter. It argued that the work of the tribunals would have to be completed by 2014.
Observations
The Security Council recalled resolutions 1503United 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...
(2004) which called for the completion of all cases in both tribunals by 2010, and acknowledged that this completion date could not be met. At the same time, the Council noted that the tribunals had contributed towards justice, accountability and the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
in the former Yugoslavia
Former Yugoslavia
The former Yugoslavia is a term used to describe the present day states which succeeded the collapse of the Socialist Federal Republic of Yugoslavia....
and Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
. It reaffirmed that it was necessary to bring to justice all persons indicted by the ICTR and ICTY.
The preamble of the resolution indicated the need to establish a small and temporary ad hoc mechanism to carry out some functions of the tribunals after their closure, including the trial of fugitives.
Acts
Acting under Chapter VII of the United Nations CharterChapter 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 established the International Residual Mechanism for Criminal Tribunals
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...
with two commencement dates of July 1, 2012 and July 1, 2013 for the ICTR and ICTY respectively. A statute was also adopted for the mechanism, whose functions would gradually diminish over time. The tribunals were urged to complete all residual work by December 31, 2014 towards a transition to the mechanism. The Council urged the tribunals and the mechanism to make every effort to refer cases not involving those most responsible for crimes to competent national jurisdictions.
The Council further decided that the mechanism would continue the jurisdiction, rights, functions and obligations of the tribunals, and the Secretary-General Ban Ki-moon
Ban Ki-moon
Ban Ki-moon is the eighth and current Secretary-General of the United Nations, after succeeding Kofi Annan in 2007. Before going on to be Secretary-General, Ban was a career diplomat in South Korea's Ministry of Foreign Affairs and in the United Nations. He entered diplomatic service the year he...
was requested to submit a draft rules of procedure and evidence for the mechanism by June 30, 2011. The mechanism was to operate for an initial period of four years from the first commencement date and progress would be reviewed regularly.
See also
- Breakup of Yugoslavia
- List of indictees of the International Criminal Tribunal for the former Yugoslavia
- List of United Nations Security Council Resolutions 1901 to 2000 (2009 – 2011)
- Yugoslav WarsYugoslav warsThe Yugoslav Wars were a series of wars, fought throughout the former Yugoslavia between 1991 and 1995. The wars were complex: characterized by bitter ethnic conflicts among the peoples of the former Yugoslavia, mostly between Serbs on the one side and Croats and Bosniaks on the other; but also...