VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #3190 3550650
ZNR UUUUU ZZH
O 192346Z DEC 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK 4284
INFO RUEHBW/AMEMBASSY BELGRADE IMMEDIATE 1358
RUEHVJ/AMEMBASSY SARAJEVO IMMEDIATE 0429
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 4078
RUEHVB/AMEMBASSY ZAGREB IMMEDIATE 1963

UNCLAS STATE 133190 
 
SIPDIS 
 
SENSITIVE 
 
C O R R E C T E D  C O P Y (ADDING SENSITIVE CAPTION) 
 
E.O. 12958: N/A 
TAGS: KAWC OTRA ABUD UN EU
SUBJECT: INSTRUCTION ON DISMISSAL OF ICTY REGISTRAR 
 
¶1. (U) This is an action request. Please see paragraph 3. 
¶2. (SBU) The newly appointed President of the International 
Criminal Tribunal for the Former Yugoslavia (ICTY), judge 
Patrick Robinson, recently informed ICTY registrar Hans 
Holthuis that he would not recommend that the Secretary 
General reappoint Holthuis for a third four-year term. 
Holthuis was informed of this decision on November 17, 
Robinson,s first day as president and less than two months 
before the end of Holthuis, term.  This decision comes at 
the same time that the judges are lobbying for increased 
pension benefits.  We believe that this decision is in part 
because the President does not feel that Holthuis has done 
enough to lobby for increased pensions. 
¶3. (SBU) USUN is requested to approach the UN Secretariat at 
the highest appropriate level and deliver the following 
points: 
-  The U.S. is concerned that ICTY Registrar Holthuis was 
notified that his contract would not be renewed without good 
reason and without adequate notice. 
-  In addition, we are concerned about the underlying motives 
behind President Robinson,s decision not to recommend 
renewal of Holthuis, contract.  We understand that among the 
reasons for non-renewal were allegations that Holthuis did 
not push hard enough for increasing their judicial pensions 
and that he has also not shown them enough respect. 
- It is Judge Robinson,s prerogative under the ICTY Statute 
not to recommend renewal, but the reasons given do not 
suggest a consistent pattern of underperformance.  We are 
concerned that the judges, apparent pressure on this office 
will impede the functioning of the registry.  We believe that 
a strong, independent Registrar is critical to the viability 
of the ICTY. 
-   However, we realize it may be impossible at this stage to 
renew Holthuis, contract if, as it appears, the judges 
refuse to work with him, so we would simply like to stress 
the need for a transparent, legitimate process for selecting 
his successor. 
-   We recognize that positions at the ICTY are not reserved 
for any one country, but we would like to highlight the value 
in having a Dutch registrar because of the many issues the 
registrar must coordinate with host-country authorities in 
The Hague.  These issues will only become increasingly 
important as we near the completion of the Tribunal,s 
activities. 
IF ASKED 
-    We believe Herman von Hebel, the current registrar at 
the Special Court for Sierra Leone, would be a strong 
candidate for the job of ICTY registrar. 
RICE