Security Council

4759^th Meeting (PM)

SECURITY COUNCIL AMENDS STATUTE OF TRIBUNAL FOR FORMER YUGOSLAVIA

REGARDING FUNCTIONS OF ‘AD LITEM’ JUDGES

Resolution 1481 (2003) Adopted Unanimously

The Security Council this afternoon decided to amend the Statute of the International Tribunal for the Former Yugoslavia in such a way that its ad litem judges -- those temporarily assigned to the Tribunal for specific cases -- might also adjudicate in pre-trial proceedings in other cases during the period of their appointment to a trial.

By unanimously adopting resolution 1481 (2003), the Council did so by amending article 13 of the Statute as set out in an annex to the resolution and as requested by Judge Theodor Meron, President of 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”, in a letter to the President of the Security Council (document S/2003/530).

The amendment included removal from article 13 of the Statue the provision that ad litem judges could not adjudicate in pre-trial proceedings, and inclusion of a new provision authorizing them to adjudicate in pre-trial proceedings in cases they were not appointed to try.  Judge Meron, in his letter, stressed that, in this way, the Tribunal could make the most efficient use of ad litem judges’ time and that no additional expenses would be incurred by the United Nations.

The meeting began at 1:24 p.m. and was adjourned at 1:27 p.m.

Resolution

The full text of resolution 1481 (2003) and its Annex reads, as follows:

“The Security Council,

“Reaffirming its resolutions 827 (1993) of 25 May 1993, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and 1431 (2002) of 14 August 2002,

“Having considered the letter from the Secretary-General to the President of the Security Council dated 18 March 2002 (S/2002/304) and the annexed letter from the President of the International Tribunal for the Former Yugoslavia addressed to the Secretary-General dated 12 March 2002,

“Having considered also the letter from the Secretary-General to the President of the Security Council dated 7 May 2003 (S/2003/530) and the annexed letter from the President of the International Tribunal for the Former Yugoslavia addressed to the President of the Security Council dated 1 May 2003,

“Convinced of the advisability of enhancing the powers of ad litem judges in the International Tribunal for the Former Yugoslavia so that, during the period of their appointment to a trial, they might also adjudicate in pre-trial proceedings in other cases, should the need arise and should they be in a position to do so,

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

“1.   Decides to amend article 13 quater of the Statute of the International Tribunal for the Former Yugoslavia and to replace that article with the provisions set out in the annex to this resolution;

“2.   Decides to remain seized of the matter.”

Annex

Article 13 quarter

Status of ad litem judges

“1.   During the period in which they are appointed to serve in the International Tribunal, ad litem judges shall:

(a)   Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal;

(b)   Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the International Tribunal;

(c)   Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal;

(d)   Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they have been appointed to try.

“2.   During the period in which they are appointed to serve in the International Tribunal, ad litem judges shall not:

(a)   Be eligible for election as, or to vote in the election of, the President of the Tribunal or the Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;

(b)   Have power:

(i)   To adopt rules of procedure and evidence pursuant to article 15 of the Statute. They shall, however, be consulted before the adoption of those rules;

(ii)  To review an indictment pursuant to article 19 of the Statute;

(iii)To consult with the President in relation to the assignment of judges pursuant to article 14 of the Statute or in relation to a pardon or commutation of sentence pursuant to article 28 of the Statute.”

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