Security Council

5165^th Meeting (AM)

SECURITY COUNCIL AMENDS STATUTE OF FORMER YUGOSLAVIA TRIBUNAL

 

TO ALLOW RE-ELECTION OF AD LITEM JUDGES

 

Resolution 1597 (2005) Adopted Unanimously

The Security Council this morning, noting that the number of candidates for ad litem judges for the International Criminal Tribunal for the former Yugoslavia continues to fall short of the minimum number required by the Tribunal’s Statute to be elected, decided to amend article 13 ter of the Statute to enable judges to be eligible for re-election.

Unanimously adopting resolution 1597 (2005) and acting under Chapter VII of the Charter, the Council also decided, further to the Secretary-General’s letter of 11 April 2005 (document S/2005/236), to extend the deadline for nominations of ad litem judges under the amended provision of the Statute for a further 30 days from the date of the adoption of this resolution.

The Council took its decision today taking into consideration that the 27 ad litem judges elected by the General Assembly on 12 June 2001, whose term of office expires on 11 June 2005, should be eligible for re-election.  The number of ad litem judges serving on the Tribunal was increased by the Council to assist the court to expedite the conclusion of its work at the earliest possible date.

The Tribunal for the former Yugoslavia, located in The Hague, Netherlands, was established by Security Council resolution 827 on 25 May 1993.  It is mandated to prosecute and try persons responsible for serious violations of international humanitarian law committed in the former Yugoslavia since 1991.  The Tribunal prosecutes and tries four clusters of offences:  grave breaches of the 1949 Geneva Conventions; violations of the laws or customs of war; genocide; and crimes against humanity.

The meeting began at 10:40 a.m. and ended at 10:43 a.m.

Resolution

The full text of resolution 1597 (2005) 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, 1431 (2002) of 14 August 2002, 1481 (2003) of 19 May 2003, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004,

“Having considered the letter from the Secretary-General to the President of the Security Council dated 24 February 2005 (S/2005/127) transmitting the list of candidates for election as ad litem judges of the International Tribunal for the Former Yugoslavia,

“Noting that the Secretary-General had suggested that the deadline for nominations be extended until 31 March 2005 and the President’s reply of 14 March 2005 (S/2005/159) indicating that the Security Council had agreed to the extension of the deadline,

“Having considered also the letter from the Secretary-General to the President of the Security Council dated 11 April 2005 (S/2005/236) that suggested that the deadline for the nomination of candidates for election as ad litem judges be further extended,

“Noting that the number of candidates continues to fall short of the minimum number required by the Statute of the Tribunal to be elected,

“Considering that the 27 ad litem judges elected by the General Assembly at its 102nd plenary meeting on 12 June 2001 whose term of office expires on 11 June 2005, should be eligible for re-election and wishing to amend the Statute for that purpose,

“Noting that, should the cumulative period of service of an ad litem judge of the International Tribunal for the Former Yugoslavia amount to three years or more, this will not result in any change in their entitlements or benefits and, in particular, will not give rise to any additional entitlements or benefits other than those that already exist and which will, in such an eventuality, be extended pro-rata by virtue of the extension of service,

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

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

“2.   Decides further to the Secretary-General’s letter of 11 April 2005 (S/2005/236) to extend the deadline for nominations of ad litem judges under the amended provision of the Statute for a further 30 days from the date of the adoption of this resolution;

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

Annex

Article 13 ter

Election and appointment of ad litem judges

1.    The ad litem judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council in the following manner:

(a)   The Secretary-General shall invite nominations for ad litem judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;

(b)   Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to four candidates meeting the qualifications set out in article 13 of the Statute, taking into account the importance of a fair representation of female and male candidates;

(c)   The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than fifty-four candidates, taking due account of the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable distribution;

(d)   The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect the twenty-seven ad litem judges of the International Tribunal. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected;

(e)   The ad litem judges shall be declared elected for a term of four years. They shall be eligible for re-election.

2.    During any term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal, to serve in the Trial Chambers for one or more trials, for a cumulative period of up to, but not including three years. When requesting the appointment of any particular ad litem judge, the President of the International Tribunal shall bear in mind the criteria set out in article 13 of the Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraph 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.”

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