Security Council

4849^th Meeting (AM)

SECURITY COUNCIL AMENDS STATUTE OF RWANDA TRIBUNAL, INCREASING NUMBER OF AD LITEM

JUDGES TO NINE; RESOLUTION 1512 (2003) ADOPTED UNANIMOUSLY

In Presidential Statement, Council Also Confirms

Tribunal’s Power to Fund Upgrading of Prison Accommodations

The Security Council this morning decided to amend the Statute of the International Tribunal for Rwanda to increase the number of ad litem judges serving at the same time from four to nine.

In a separate statement read out by its Council President James Cunningham of the United States (document S/PRST/2003/18), it also confirmed that the Tribunal could fund the renovation of prison facilities in States that had concluded agreements with the United Nations for the carrying out of prison sentences of the Tribunal.

By resolution 1512 (2003), adopted unanimously under Chapter VII of the United Nations Charter, the Council further decided to allow ad litem judges, during the period of their appointment to a trial, to adjudicate in pre-trial proceedings in other cases.  The resolution replaced articles 11 and 12 quater of the Statute with provisions annexed to the text.

The resolution was adopted at the behest of the Tribunal’s President, Judge Erik Møse, and communicated to the President of the Security Council through letters from the Secretary-General dated 12 September and 3 October (documents S/2003/879 and S/2003/946).  The request was made in order for the Tribunal to comply with resolution 1503 (2003) of 28 August (see Press Release SC/7859), which requested the Council to take all possible measures to complete all trial activities at first instance by the end of 2008.  The request was discussed in the Council on 9 October (see Press Release SC/7889).

The Security 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 the 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 11:09 a.m., was adjourned at 11:15 a.m.

Resolution

The full text of resolution 1512 (2003) reads, as follows:

“The Security Council,

“Reaffirming its resolutions 955 (1994) of 8 November 1994, 1165 (1998) of  30 April 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002 and 1503 (2003) of 28 August 2003,

“Having considered the letter from the Secretary-General to the President of the Security Council dated 12 September 2003 (S/2003/879) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 8 September 2003,

“Having considered also the letter from the Secretary-General to the President of the Security Council dated 3 October 2003 (S/2003/946) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 29 September 2003,

“Convinced of the advisability of enhancing the powers of ad litem judges in the International Tribunal for Rwanda 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,

“Convinced also of the advisability of increasing the number of ad litem judges that may be appointed at any one time to serve in the Trial Chambers of the International Tribunal for Rwanda so that the Tribunal might be better placed to complete all trial activities at first instance by the end of 2008, as envisaged in its Completion Strategy,

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

“1.   Decides to amend articles 11 and 12 quater of the Statute of the International Tribunal for Rwanda and to replace those articles with the provisions set out in the annex to this resolution;

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

Annex

Article 11

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 12 ter, paragraph 2, of the present 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 present 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 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.

Article 12 quarter

Status of ad litem judges

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

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

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

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

(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 for Rwanda, ad litem judges shall not:

(a)   Be eligible for election as, or to vote in the election of, the President of the International Tribunal for Rwanda or the Presiding Judge of a Trial Chamber pursuant to article 13 of the present Statute;

(b)   Have power:

(i)   To adopt rules of procedure and evidence pursuant to article 14 of the present Statute. They shall, however, be consulted before the adoption of those rules;

(ii)  To review an indictment pursuant to Article 18 of the present Statute;

(iii)To consult with the President of the International Tribunal for Rwanda in relation to the assignment of judges pursuant to article 13 of the present Statute or in relation to a pardon or commutation of sentence pursuant to article 27 of the present Statute.”

Presidential Statement

Following is the text of today’s presidential statement (document S/PRST/2003/18):

The Security Council notes the invitation of the General Assembly contained in operative paragraph 7 of its resolution 57/289 of 20 December 2002 that it address uncertainties regarding the power of the International Tribunal for Rwanda under its Statute to finance the upgrading of prison accommodation in which persons convicted by the Tribunal are to serve their sentences.

The Security Council confirms that it is within the lawful powers of the International Tribunal for Rwanda under its Statute to fund the renovation and refurbishment of prison facilities in States that have concluded agreements with the United Nations for the carrying out of prison sentences of the Tribunal.  Such funds shall be used to bring up to international minimum standards the prison accommodation to be occupied or used pursuant to those agreements.

The Security Council will remain seized of this matter.

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