Security Council

4535^th Meeting (AM)

SECURITY COUNCIL AMENDS STATUTES OF INTERNATIONAL TRIBUNALS FOR FORMER YUGOSLAVIA,

RWANDA TO ADDRESS ISSUE OF JUDGES HOLDING DUAL NATIONALITIES

Resolution 1411 (2002) Adopted Unanimously

The Security Council decided this morning to amend the Statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR) in order to address the issue of those judges holding dual nationalities.

By resolution 1411 (2002), which the Council adopted unanimously, a person who, for the purposes of membership of the Chambers of the International Tribunals, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

The Council took that action by amending article 12 of the Statute of the ICTY and article 11 of the Statute of the ICTR.

The Yugoslavia Tribunal, located at The Hague, Netherlands, was established by the 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.  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 Council created the Rwanda Tribunal, located in Arusha, United Republic of Tanzania, in November 1994, to prosecute people responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994.  It may also deal with prosecution of Rwandan citizens responsible for genocide and other such violations of international law committed in neighbouring States over the same period.

The meeting, which started at 10:53 a.m., adjourned at 10:55 a.m..

Resolution

Following is the full text of resolution 1411 (2002):

“The Security Council,

“Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998 and 1329 (2000) of 30 November 2000,

“Recognizing that persons who are nominated for, or who are elected or appointed as, judges of the International Tribunal for the Former Yugoslavia or of the International Tribunal for Rwanda may bear the nationalities of two or more States,

“Being aware that at least one such person has already been elected a judge of one of the International Tribunals,

“Considering that, for the purposes of membership of the Chambers of the International Tribunals, such persons should be regarded as bearing solely the nationality of the State in which they ordinarily exercise civil and political rights,

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

“1.   Decides to amend article 12 of the Statute of the International Tribunal for the Former Yugoslavia and to replace that article with the provisions set out in annex I to this resolution;

“2.   Decides also to amend article 11 of the Statute of the International Tribunal for Rwanda and to replace that article with the provisions set out in annex II to this resolution;

“3.   Decides to remain actively seized of the matter.”

Annex I

Article 12

Composition of the Chambers

1.    The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of nine ad litem independent judges appointed in accordance with   article 13 ter, paragraph 2, of the Statute, no two of whom may be nationals of the same State.

2.    Three permanent judges and a maximum at any one time of six ad litem judges shall be members of each Trial Chamber.  Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges.  A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the Statute and shall render judgement in accordance with the same rules.

3.    Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.

4.    A person who for the purposes of membership of the Chambers of the International Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

Annex II

Article 11

Composition of the Chambers

1.    The Chambers shall be composed of sixteen independent judges, no two of whom may be nationals of the same State, who shall serve as follows:

(a)   Three judges shall serve in each of the Trial Chambers;

(b)   Seven judges shall be members of the Appeals Chamber.  The Appeals

Chamber shall, for each appeal, be composed of five of its members.

2.    A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

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