United Nations Security Council Resolution 1534 – International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR)

Resolution 1534 (2004)

The Security Council,

Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8November 1994, 978 (1995) of 27 February 1995, 1165 (1998) of 30 April 1998,1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17May 2002, 1431 (2002) of 14 August 2002, and 1481 (2003) of 19 May 2003,

Recalling and reaffirming in the strongest terms the statement of 23 July 2002made by the President of the Security Council (S/PRST/2002/21) endorsing theICTY’s completion strategy and its resolution 1503 (2003) of 28 August 2003,

Recalling that resolution 1503 (2003) called on the International CriminalTribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to take all possible measures to complete investigations by theend of 2004, to complete all trial activities at first instance by the end of 2008, andto complete all work in 2010 (the Completion Strategies), and requested thePresidents and Prosecutors of the ICTY and ICTR, in their annual reports to theCouncil, to explain their plans to implement the Completion Strategies,

Welcoming the presentations made by the ICTY and ICTR Presidents andProsecutors to the Security Council on 9 October 2003,

Commending the important work of both Tribunals in contributing to lasting peace and security and national reconciliation and the progress made since theirinception, commending them on their efforts so far to give effect to the Completion Strategies and calling on them to ensure effective and efficient use of their budgets,with accountability,

Reiterating its support for the ICTY and ICTR Prosecutors in their continuingefforts to bring at large indictees before the ICTY and the ICTR,

Noting with concern the problems highlighted in the presentations to theSecurity Council on 9 October 2003 in securing adequate regional cooperation,

Also noting with concern indications in the presentations made on 9 October,that it might not be possible to implement the Completion Strategies set out in resolution 1503 (2003),

Acting under Chapter VII of the Charter of the United Nations,

1. Reaffirms the necessity of trial of persons indicted by the ICTY andreiterates its call on all States, especially Serbia and Montenegro, Croatia andBosnia and Herzegovina, and on the Republika Srpska within Bosnia andHerzegovina, to intensify cooperation with and render all necessary assistance to theICTY, particularly to bring Radovan Karadzic and Ratko Mladic, as well as AnteGotovina and all other indictees to the ICTY and calls on all at-large indictees of theICTY to surrender to the ICTY;

2. Reaffirms the necessity of trial of persons indicted by the ICTR andreiterates its call on all States, especially Rwanda, Kenya, the Democratic Republicof the Congo and the Republic of the Congo to intensify cooperation with andrender all necessary assistance to the ICTR, including on investigations of theRwandan Patriotic Army and efforts to bring Felicien Kabuga and all other suchindictees to the ICTR and calls on all at-large indictees of the ICTR to surrender tothe ICTR;

3. Emphasizes the importance of fully implementing the CompletionStrategies, as set out in paragraph 7 of resolution 1503 (2003), that calls on theICTY and ICTR to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008 and tocomplete all work in 2010, and urges each Tribunal to plan and act accordingly;

4. Calls on the ICTY and ICTR Prosecutors to review the case load of theICTY and ICTR respectively in particular with a view to determining which casesshould be proceeded with and which should be transferred to competent national jurisdictions, as well as the measures which will need to be taken to meet the Completion Strategies referred to in resolution 1503 (2003) and urges them to carryout this review as soon as possible and to include a progress report in theassessments to be provided to the Council under paragraph 6 of this resolution;

5. Calls on each Tribunal, in reviewing and confirming any new indictments, to ensure that any such indictments concentrate on the most seniorleaders suspected of being most responsible for crimes within the jurisdiction of therelevant Tribunal as set out in resolution 1503 (2003);

6. Requests each Tribunal to provide to the Council, by 31 May 2004 andevery six months thereafter, assessments by its President and Prosecutor, setting outin detail the progress made towards implementation of the Completion Strategy ofthe Tribunal, explaining what measures have been taken to implement the Completion Strategy and what measures remain to be taken, including the transfer ofcases involving intermediate and lower rank accused to competent national jurisdictions; and expresses the intention of the Council to meet with the Presidentand Prosecutor of each Tribunal to discuss these assessments;

7. Declares the Council’s determination to review the situation, and in thelight of the assessments received under the foregoing paragraph to ensure that thetime frames set out in the Completion Strategies and endorsed by resolution 1503(2003) can be met;

8. Commends those States which have concluded agreements for theenforcement of sentences of persons convicted by the ICTY or the ICTR or haveotherwise accepted such convicted persons to serve their sentences in their respective territories; encourages other States in a position to do so to act likewise;and invites the ICTY and the ICTR to continue and intensify their efforts toconclude further agreements for the enforcement of sentences or to obtain thecooperation of other States in this regard;

9. Recalls that the strengthening of competent national judicial systems iscrucially important to the rule of law in general and to the implementation of theICTY and ICTR Completion Strategies in particular;

10. Welcomes in particular the efforts of the Office of the HighRepresentative, ICTY, and the donor community to create a war crimes chamber inSarajevo; encourages all parties to continue efforts to establish the chamberexpeditiously; and encourages the donor community to provide sufficient financialsupport to ensure the success of domestic prosecutions in Bosnia and Herzegovina and in the region;

11. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 4935th meeting, on 26 March 2004.