GENERAL ASSEMBLY ELECTS 27 JUDGES TO INTERNATIONAL TRIBUNAL FOR FORMER YUGOSLAVIA
| Press Release GA/9878/Rev.1 |
Resumed Fifty-fifth General Assembly GA/9878/Rev.1*
Plenary 12 June 2001
102nd Meeting (AM & PM)
GENERAL ASSEMBLY ELECTS 27 JUDGES TO INTERNATIONAL TRIBUNAL
FOR FORMER YUGOSLAVIA
The General Assembly this evening elected 27 judges to the International Tribunal for the Former Yugoslavia in response to a decision of the Security Council to create a pool of ad hoc judges on which the court could draw, on a case-by-case basis, to hasten completion of the trials.
Twenty-six new judges were elected today following the first round of voting; the remaining judge was elected this afternoon after three more rounds of voting. Their mandate begins immediately.
The Tribunal, located at The Hague, Netherlands, was established by the Security Council in early 1993 to prosecute those responsible for serious violations of international humanitarian law committed in the territory of the Former Yugoslavia since 1991. It was the first world court established by the United Nations for the prosecution of war crimes. According to the Statute of the court, individuals may be indicted for crimes against humanity, grave breaches of the 1949 Geneva Conventions, violations of the laws of war and crimes of genocide.
The Security Council decided last November to create the pool of ad hoc, or ad litem, judges, to serve four-year terms, thereby amending the court’s Statute in a number of relevant articles. In its resolution 1329 (2000) of 30 November, the Council requested the Secretary-General to make practical arrangements for the election, as soon as possible, of 27 ad litem judges. On 27 April, the Council submitted a list of 64 candidates, taking into account the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable geographical distribution.
The new judges elected on the first ballot were: Amarjeet Singh (Singapore); Chikako Taya (Japan); Romeo T. Capulong (Philippines); Arthur Chaskalson (South Africa); Claude Hanoteau (France); Mohamed Al-Habib Fassi Fihri (Morocco); Maureen Harding Clark (Ireland); Guibril Camara (Senegal); Lal Chand Vohrah (Malaysia); Albin Eser (Germany); Ivana Janu (Czech Republic); and Volodymyr Vassylenko (Ukraine).
Also elected on the first ballot were: Rafael Nieto-Navia (Colombia); Hans Henrik Brydensholt (Denmark); Mauro Politi (Italy); Sharon A. Williams (Canada); Carmen Maria Argibay (Argentina); Per-Johan Lindholm (Finland); Christine Van Den
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* Reissued for technical reasons.
General Assembly Plenary - 1a - Press Release
102nd Meeting (AM & PM)
Wyngaert (Belgium); Joaquin Martin Canivell (Spain); Ralph Riachy (Lebanon); Hassan Bubacarr Jallow (Gambia); Krister Thelin (Sweden); Fatoumata Diarra (Mali);
Albertus Henricus Joannes Swart (Netherlands); and Gyorgy Szenasi (Hungary). Vonimbolana Rasoazanany (Madagascar) was elected on the fourth and final ballot.
Also this morning, the Assembly took note of the payments made by Haiti and Vanautu to reduce their arrears to the United Nations below the amount at which they could potentially lose their vote in the General Assembly under Article 19 of the United Nations Charter. (Article 19 states that a Member State in arrears to the extent of the amount levied on that country for the preceding two full years shall have no vote in the General Assembly).
Assembly President Harri Holkieri said that the delays in today’s elections had shown the need to introduce new technology in order to conduct elections in a speedier, more efficient manner. The matter was under review in his office and would be followed up in the context of ongoing informal consultations on enhancing the effectiveness of the General Assembly. Following a second suspension of the meeting, he said, ”this is the counting system from the Stone Age”.
Background
The Assembly met this morning to elect 27 ad litem judges -– to serve on a case-by-case basis -- for the International Criminal Tribunal for the Former Yugoslavia (ICTY). The judges will be elected for four-year terms of office, to commence as soon as possible. The Assembly was acting today following the Security Council’s decision in its resolution 1329 (2000) to increase the number of judges in the Appeals Chambers of the two International Tribunals to enable those bodies to expedite their work. That resolution had requested the Secretary-General to make practical arrangements for the election as soon as possible of
27 ad litem judges to the ICTY.
Before the Assembly was a letter dated 27 April 2001 from the President of the Security Council (document A/55/917*) forwarding the following 64 candidates who, taking due account of the adequate representation of the principal legal systems of the world and the importance of equitable geographical distribution, were selected from nominations made by Member States and Observers:
Aydin Sefa Akay (Turkey), Carmen María Argibay (Argentina), Lucy Asuagbor (Cameroon), Jeremy Badgery-Parker (Australia), Chifumu Kingdom Banda (Zambia), Roberto Bellelli (Italy), Pierre G. Boutet (Canada), Hans Henrik Brydensholt (Denmark), Guibril Camara (Senegal), Joaquin Martin Canivell (Spain), Romeo T. Capulong (Philippines), Oscar Ceville (Panama), Isaac Chibulu Tantameni Chali (Zambia), Arthur Chaskalson (South Africa), Maureen Harding Clark (Ireland), Fatoumata Diarra (Mali), Cenk Alp Durak (Turkey), Moïse Ebongue (Cameroon), Mathew Epuli (Cameroon), Albin Eser (Germany), Mohamed Al Habib Fassi Fihri (Morocco), John Foster Gallop (Australia), Joseph Nassif Ghamroun (Lebanon), Michael Grotz (Germany), Abdullah Mahamane Haidara (Mali), Claude Hanoteau (France), Hassan Bubacarr Jallow (Gambia), Ivana Janů (Czech Republic), Aykut Kiliç (Turkey), Flavia Lattanzi (Italy), Per-Johan Lindholm (Finland), Augustin P. Lobejón (Spain), Diadié Issa Maiga (Mali), Irene Chirwa Mambilima (Zambia), Dick F. Marty (Switzerland), Jane Hamilton Mathews (Australia), Suzanne Mengue Zomo (Cameroon), Ghulam Mujaddid Mirza (Pakistan), Ahmad Aref Moallem (Lebanon), Mphanza Patrick Mvunga (Zambia), Rafael Nieto-Navia (Colombia), Léopold Ntahompagaze (Burundi), André Ntahomvukiye (Burundi), Cesar Pereira Burgos (Panama), Mauro Politi (Italy), Vonimbolana Rasoazanany (Madagascar), Ralph Riachy (Lebanon), Ingo Risch (Germany), Robert Roth (Switzerland), Zacharie Rwamaza (Burundi), Sourahata Babouccar Semega-Janneh (Gambia), Tom Farquhar Shepherdson (Australia), Amarjeet Singh (Singapore), Ayla Songor (Turkey), Albertus Henricus Joannes Swart (Netherlands), György Szénási (Hungary), Ahmad Takkieddine (Lebanon), Chikako Taya (Japan), Krister Thelin (Sweden), Stefan Trechsel (Switzerland), Christine Van Den Wyngaert (Belgium), Volodymyr Vassylenko (Ukraine), Lal Chand Vohrah (Malaysia), and Sharon A. Williams (Canada).
Also before the Assembly was a memorandum by the Secretary-General on the election of judges, containing the list of candidates and the procedure for the election of ad litem judges (document A/55/382).
The Assembly also had before it a memorandum by the Secretary-General on the election of judges for the ICTY (document A/55/918.Add.1) which deleted the following candidates from the list: Joseph Nassif Ghamroun (Lebanon), Michael Grotz (Germany), Abdullah Mahamane Haidara (Mali), Diadie Issa Maiga (Mali), Ghulam Mujaddid Mirza (Pakistan).
The Assembly also would consider three notes by the Secretary-General containing the curricula vitae of the candidates (documents A/55/919, A/55/919/Add.1 and Add.2).
Statements
JORGE EDUARDO NAVARRETE (Mexico) said that on all the other occasions when the Assembly had elected judges to the special International Tribunals, his delegation had been present to explain the reasons it had not participated. On all those occasions, Mexico, while committed to the promotion of humanitarian law, had expressed its opinion that in establishing such tribunals, the Security Council had exceeded the scope of its powers, inasmuch as an explicit provision giving the Council the power to create extra-judicial bodies was not evident in the Charter.
Those reasons remained valid, he added, but Mexico had recognized the contributions the Tribunals had made in the fight against impunity, bringing justice to those responsible for serious crimes of international relevance. The special International Tribunals had played a central role in the implementation of international humanitarian law, particularly the principles of the Geneva Conventions. For those reasons, as of now Mexico would fully participate in the election of Tribunal judges, placing the work of those jurisdictional mechanisms above its reservations. The Assembly’s decisions now and into the future would hopefully ensure that Tribunal membership would reflect the broadest possible regional and gender diversity.
MWELWA C. MUSAMBACHIME (Zambia) said that the following candidates had withdrawn their nominations: Chifumu Kingdom Banda (Zambia); Isaac Chibulu Tantameni Chali (Zambia); and Mphanza Patrick Mvunga (Zambia). Irene Chirwa Mambilima (Zambia) remained as a candidate.
RENATO RAFFAELE MARTINO, Permanent Observer of the Holy See, said the Tribunal was an instrument of the international community to express its condemnation of violations of international humanitarian law. While the Holy See appreciated the fact that it was invited to participate in the election of judges, according to the practices in similar cases and for the sake of impartiality, it had decided to abstain from casting its vote on the individual candidates. He renewed his expression of confidence in the choices that would be made, and extended his sincere best wishes to the judges who would soon be elected to serve the cause of justice and peace.
MARC NTETURUYE (Burundi) withdrew two of his country’s three candidates. Now, only one candidate would be presented: Leopold Ntahompagaze (Burundi).
The Assembly President suspended the meeting for 15 minutes to prepare the ballot papers.
Elections to International Criminal Tribunal for Former Yugoslavia
The results of the first round of voting were as follows:
Number of ballot papers: 174
Number of invalid ballots: 2
Number of valid ballots: 172
Abstentions: 1
Number of Members voting: 171
Required majority 96
Elected on the first ballot were:
Amarjeet Singh (Singapore) 162
Chikako Taya (Japan) 145
Romeo T. Capulong (Philippines) 141
Arthur Chaskalson (South Africa) 141
Claude Hanoteau (France) 137
Mohamed Al-Habib Fassi Fihri (Morocco) 133
Maureen Harding Clark (Ireland) 132
Guibril Camara (Senegal) 130
Lal Chand Vohrah (Malaysia) 130
Albin Eser (Germany); 129
Ivana Janu (Czech Republic) 129
Volodymyr Vassylenko (Ukraine) 127
Rafael Nieto-Navia (Colombia) 126
Hans Henrik Brydensholt (Denmark) 123
Mauro Politi (Italy) 122
Sharon A. Williams (Canada) 122
Carmen Maria Argibay (Argentina) 121
Per-Johan Lindholm (Finland) 121
Christine Van Den Wyngaert (Belgium) 119
Joaquin Martin Canivell (Spain) 113
Ralph Riachy (Lebanon) 111
Hassan Bubacarr Jallow (Gambia) 108
Krister Thelin (Sweden) 108
Fatoumata Diarra (Mali) 105
Albertus Henricus Joannes Swart (Netherlands) 105
Gyorgy Szenasi (Hungary) 99
Following the first round of voting, in which the Assembly elected all but one ad litem judge, several representatives withdrew from consideration the following candidates:
The representative of Italy withdrew the names of Ms. Flavia Lattanzi and Mr. Roberto Bellelli.
The representative of Turkey withdrew the names of Mr. Aykut Kilic, Ms. Ayla Songor and Mr. Cenk Alp Durak.
The representative of Gambia withdrew Mr. Sourahata Babouccar Semega-Janneh.
The observer of Switzerland withdrew the names of Mr. Dick Marty and
Mr. Robert Roth.
The representative of Panama withdrew the name of Mr. Oscar Civille.
When the Assembly resumed its work, the President announced that by note verbale, Australia had withdrawn from consideration the following candidates:
Mr. Tom Shepherdson, Mr. Jeremy Badgery-Parker, and Mr. John Gallup.
The results of the second round of voting were as follows:
Number of ballot papers: 162
Number of invalid ballots: 1
Number of valid ballots: 161
Abstentions: 2
Number of Members voting: 159
Required majority: 96
Since no candidate received a majority of the vote, the Assembly then conducted a third round of voting.
Before the vote, several representatives removed from consideration the names of the following candidates:
The representative of Burundi withdrew the name of Mr. Leopold Ntahompagaze.
The representative of Panama withdrew Mr. Cesar Burgos.
The representative of Spain withdrew the name of Mr. Augustine Lobejon.
The results of the third round of voting were as follows:
Number of ballot papers 158
Number of invalid ballots: 1
Number of valid ballots: 157
Abstentions: 2
Number of Members voting: 155
Required majority: 96
As no candidate received a majority, the Assembly conducted another round of voting.
The following candidates' names were removed from consideration before the fourth round of voting began:
The representative of Australia removed the name of Ms. Jane Hamilton Mathews; The representative of Turkey withdrew the name of Mr. Aydin Sefa Akay; the representative of Zambia withdrew the name of Ms. Irene Mambilima, and the representative of Canada withdrew the name of Mr. Pierre Boutet.
The results of the fourth and final round of voting were as follows:
Number of ballot papers: 148
Number of invalid ballots: 0
Number of valid ballots: 148
Abstentions: 2
Number of Members voting: 146
Required majority: 96
The final ad litem judge, Ms. Vonimbolana Rasoazanany (Madagascar), was elected at the conclusion of the fourth round of voting, with 120 votes.
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