Jump to Content Jump to Main Navigation
Statute of the International Criminal Tribunal for the former Yugoslavia, 25th May 1993 (UN Doc S/RES/827(1993)), OXIO 66

Statute of the International Criminal Tribunal for the former Yugoslavia, 25th May 1993 (UN Doc S/RES/827(1993)), OXIO 66

United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]

Subject(s):
International courts and tribunals, jurisdiction — International courts and tribunals, powers — International criminal law — International humanitarian law

Core Issues

1. How the jurisdiction of the International Criminal Tribunal for the former Yugoslavia (ICTY) was to be delimited.

2. How the relationship between the ICTY and domestic jurisdictions was to be determined.

3. The implications of the modality of establishment of the ICTY vis-à-vis states’ obligations.

This headnote pertains to: Statute of the International Criminal Tribunal for the former Yugoslavia, an instrument the text of which has been prepared by and/or adopted in the framework of an international organization.Jump to full text

Background

The Statute of the International Criminal Tribunal for the former Yugoslavia (‘Statute’) was an unprecedented act adopted by the United Nations (UN) Security Council (UNSC) in its Resolution 827 (‘Constituent Resolution’). The legal issues which arose in relation to the adoption of the Statute are considered in the headnote on the Constituent Resolution. This headnote focuses on the Statute itself, which constituted the legal framework for the functioning of the International Criminal Tribunal for the former Yugoslavia (ICTY), having set out its jurisdiction, powers, and structure.

The establishment of the ICTY constituted a landmark in the development of international law, paving the way for contemporary prosecution of core international crimes. Annexed to a UNSC resolution adopted under Chapter VII of the Charter of the United Nations (‘Charter’), the Statute was vested with a binding character. As such, the Statute, an act of an international organization, was relevant for public international law, particularly for the furtherance of international criminal law (ICL) and international humanitarian law (IHL).

Following the Second World War, Europe had not seen any major armed conflict until the outbreak of war in the former Yugoslavia in the early nineties. The first proposals for an international criminal tribunal (‘ICT’) emerged during the International Conference for the former Yugoslavia (‘Conference’) which commenced its work on 3 September 1992. Under a co-chairmanship of representatives from the UN Secretary-General and the Presidency of the European Council, the Steering Committee of the Conference was entrusted with furthering a negotiated political settlement to the ongoing conflict. The co-chairmen’s report to the UNSC constituted the initial recommendation within the framework of the peace conferences for the establishment of an ICT to adjudicate the war crimes committed in the territory of the former Yugoslavia. This was concomitant to the conclusion advanced by the Interim Report of the Commission of Experts established pursuant to Resolution 780 (1992)—Annex to the Letter dated 9 February 1993 from the Secretary-General addressed to the President of the UNSC—which supported the idea of an ad hoc ICT. Such a view was echoed in UNSC Resolution 808 (1993) (para 1). On 25 May 1993, acting under Chapter VII of the Charter, and determining that the situation in the former Yugoslavia continued to constitute a threat to international peace and security, the UNSC unanimously adopted the Constituent Resolution which established the ICTY. The Statute, as had been proposed by the Report of the Secretary-General Pursuant to Paragraph 2 of Security Council Resolution 808 (‘Secretary-General’s Report’), was annexed to the Constituent Resolution without change. As suggested by the Secretary-General’s Report, The Hague was established as the seat of the ICTY. [Art 31]

Summary

The jurisdictional features of the ICTY, couched in general terms, denoted its ad hoc nature, in tandem with its jurisdiction ratione loci (the territory of the former Yugoslavia) and its open-ended jurisdiction ratione temporis (from 1 January 1991 onwards). [Arts 1, 8] The ICTY’s jurisdiction ratione personae extended over natural persons, irrespective of their nationality and of any official privileges and immunities they may enjoy before domestic courts. [Arts 6, 7(2)]

Adopting an expansive view of IHL, the jurisdiction ratione materiae encompassed genocide, war crimes (including grave breaches of the Geneva Conventions and other serious violations of the laws or customs of war), and crimes against humanity. [Arts 2–5] The principle of legality in its nullum crimen sine lege dimension, and the fact that the ICTY had been established as a response to the ongoing conflict in the former Yugoslavia, militated in favour of resorting to IHL as rooted in customary international law for the purposes of the applicable law.

While concurrent jurisdiction with domestic jurisdictions was provided for, primacy was vested upon the ICTY’s jurisdiction. [Art 9] Deferral and—as a consequence of the ICTY’s completion strategy—referral proceedings were elaborated in the ICTY Rules of Procedure and Evidence (‘RPE’). The provision on non bis in idem differentiated between ordinary and international crimes. [Art 10(2)(a)]

At a glance, the ICTY was composed of three organs: chambers—three Trial Chambers and one Appeals Chamber (AC)—; the Prosecutor’s Office; and the Registry. [Art 11] The judges were peculiarly entrusted with the task of adopting and amending the RPE which regulated the conduct of pre-trial, trial, and appellate proceedings. [Art 15] The rights of the accused were explicitly provided for. [Art 21] Unlike the ICTY’s predecessors, trials in absentia were not allowed. [Art 21(4)(d)] The ICTY had the power to issue arrest warrants and subpoenas. [Art 29(2)] UN Member States were bound to cooperate and provide any judicial assistance as requested by the ICTY. [Art 29] Such an obligation was intrinsically linked to the ICTY’s establishment under the coercive regime of the UN Charter. Sentences were enforced in countries that concluded agreements on enforcement of sentences with the ICTY. [Art 27] Penalties were limited to imprisonment, and orders of restitution could have been issued. [Art 24] Protective measures for victims and witnesses were elaborated in the RPE. [Art 22]

Analysis

Among the various controversial issues posed by the drafting of the Statute, the question of subject matter jurisdiction raised fundamental considerations. As opposed to a detailed codification, the international crimes falling under the ICTY’s jurisdiction were enunciated. In Prijedor, Prosecutor v Tadić (Duško) aka 'Dule' (‘Prijedor’)the first case where the ICTY rendered a judgment—the AC considered that the notion of jus cogens curtailed the power of the UNSC in defining the crimes falling under the jurisdiction of the ICTY, stressing that in so doing any deviation from customary international law encountered its limits at the confluence with peremptory norms (Prijedor, Appeal judgment, para 296). The customary international law underpinnings of the contextual and specific elements needed therefore to be distilled at the time of the alleged commission of the offences, which has proven to be a matter of pivotal contention. Such an elucidation, therefore, played a central role in assuring that the principle of legality is observed in the quest for accountability, and so has been the role of case law in the interpretation of the Statute. By way of example, it was found that the intention to spread terror among the civilian population is a distinguishable element entailing individual criminal responsibility under customary international law, thus making the crime of acts or threats of violence the primary purpose of which is to spread terror amongst the civilian population punishable under Article 3 of the Statute (see Sarajevo, Prosecutor v Galić, paras 98, 102, 104).

The challenges posed lie in a continuing need for devising means and methods to ensure that developments of ICL based on the elucidation and clarification of customary international law—admittedly a controversial source, particularly in the realm of criminal law—is reconciled with the lex certa component of the principle of legality and knowledge of the law.

While the establishment of the ICTY as a subsidiary organ of the UNSC has lent itself to scrutiny since the very first proceedings (see Prijedor, Decision on the defence motion for interlocutory appeal on jurisdiction, paras 9, 26–48), the legal basis for all UN Member States’ obligations of cooperation and judicial assistance—rooted on the coercive regime posed by Chapter VII of the Charter—arguably favoured its compliance. Notably, various states enacted laws implementing the Statute, particularly its cooperation regime and concurrent jurisdiction (see ‘Member States Cooperation’). This by no means overlooks, however, the fact that achieving full cooperation has proven to be a continuing challenge (see, for example, Letter dated 17 May 2016 from the 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, addressed to the President of the Security Council: Annex I, President’s Report, para 22 and Annex II, Prosecutor’s Report, paras 3–4, and 21).

Impact

Since the post Second World War trials, ICL lay dormant until the adoption of the ICTY Statute in 1993. It thus marked a watershed in the development of contemporary ICL by having revived and contributed to demonstrating not only the validity but also the continuing relevance of the underlying rationale of IHL. Indeed, the first prosecutions of, inter alia, grave breaches and unlawful attack charges have taken place at the ICTY.

The Statute, not being a codification per se, as aforementioned led to the clarification of the customary international law underpinnings of core international crimes, an outcome already anticipated at the adoption of the Statute (see Secretary-General’s Report, para 34; Provisional Verbatim Record of the 3217th meeting of the United Nations Security Council, page 23). The importance of elucidating such foundations of crimes that are considered to be an offence to humanity as a whole has had repercussions not only in terms of legitimacy from a technical viewpoint but also as leverage for the adoption of subsequent prosecutorial mechanisms. The establishment of the ICTY paved the way for various other ICTs, including the International Criminal Court whose normative framework has been highly influenced by the jurisprudence and practice of the ICTY.

While not intending to overstate the role of international criminal justice in peace-building and reconciliation, it may be asserted that the ad hoc nature of the ICTY and its concurrent jurisdiction has, in turn, boosted domestic prosecution of core crimes, particularly in the former Yugoslavia. Against the backdrop of the completion strategy (see UNSC Resolutions 1503 (2003) and Resolution 1534(2004)), the establishment of the War Crimes Chamber at the High Court of Belgrade and the War Crimes Prosecutor’s Office (see OSCE Law on Organization and Competence of Government Authorities in War Crimes Proceedings), as well as the establishment of a War Crimes Section within the State Court of Bosnia and Herzegovina and the Special Department for War Crimes in the State Prosecutor’s Office—operating since 9 March 2005—(see Article 8(1) of the Law on the Amendments to the Law on the Court of Bosnia and Herzegovina), bear inter alia on such repercussions. On another note, while the recently established Specialist Chambers and Specialist Prosecutor’s Office for Kosovo (see Republic of Kosovo: Law on Specialist Chambers and Specialist Prosecutor’s Office) is regarded as a regional (European) state-building measure, one may note that the Statute—particularly in framing its subject matter jurisdiction—in addition to some procedural aspects—, and its interpretative case law, have been extremely influential.

Further analysis of Relevant Materials

Materials Cited

Reporter(s): Elizabeth Santalla

Source text

Original Source PDF

Having been established by the Security Council acting under Chapter VII of the Charter of the United Nations, 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 (hereinafter referred to as “the International Tribunal”) shall function in accordance with the provisions of the present Statute.

Article 1  Competence of the International Tribunal

The International Tribunal shall have the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 in accordance with the provisions of the present Statute.

Article 2  Grave breaches of the Geneva Conventions of 1949

The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

  1. (a)  wilful killing;

  2. (b)  torture or inhuman treatment, including biological experiments;

  3. (c)  wilfully causing great suffering or serious injury to body or health;

  4. (d)  extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

  5. (e)  compelling a prisoner of war or a civilian to serve in the forces of a hostile power;

  6. (f)  wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;

  7. (g)  unlawful deportation or transfer or unlawful confinement of a civilian;

  8. (h)  taking civilians as hostages.

Article 3  Violations of the laws or customs of war

The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

  1. (a)  employment of poisonous weapons or other weapons calculated to cause unnecessary suffering;

  2. (b)  wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

  3. (c)  attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings;

  4. (d)  seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science;

  5. (e)  plunder of public or private property.

Article 4  Genocide

1.  The International Tribunal shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this article or of committing any of the other acts enumerated in paragraph 3 of this article.

2.  Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

  1. (a)  killing members of the group;

  2. (b)  causing serious bodily or mental harm to members of the group;

  3. (c)  deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

  4. (d)  imposing measures intended to prevent births within the group;

  5. (e)  forcibly transferring children of the group to another group.

3.  The following acts shall be punishable:

  1. (a)  genocide;

  2. (b)  conspiracy to commit genocide;

  3. (c)  direct and public incitement to commit genocide;

  4. (d)  attempt to commit genocide;

  5. (e)  complicity in genocide.

Article 5  Crimes against humanity

The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:

  1. (a)  murder;

  2. (b)  extermination;

  3. (c)  enslavement;

  4. (d)  deportation;

  5. (e)  imprisonment;

  6. (f)  torture;

  7. (g)  rape;

  8. (h)  persecutions on political, racial and religious grounds;

  9. (i)  other inhumane acts.

Article 6  Personal jurisdiction

The International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute.

Article 7  Individual criminal responsibility

1.  A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime.

2.  The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.

3.  The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

4.  The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires.

Article 8  Territorial and temporal jurisdiction

The territorial jurisdiction of the International Tribunal shall extend to the territory of the former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991.

Article 9  Concurrent jurisdiction

1.  The International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991.

2.  The International Tribunal shall have primacy over national courts. At any stage of the procedure, the International Tribunal may formally request national courts to defer to the competence of the International Tribunal in accordance with the present Statute and the Rules of Procedure and Evidence of the International Tribunal.

Article 10  Non-bis-in-idem

1.  No person shall be tried before a national court for acts constituting serious violations of international humanitarian law under the present Statute, for which he or she has already been tried by the International Tribunal.

2.  A person who has been tried by a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the International Tribunal only if:

  1. (a)  the act for which he or she was tried was characterized as an ordinary crime; or

  2. (b)  the national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility, or the case was not diligently prosecuted.

3.  In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the International Tribunal shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served.

Article 11  Organization of the International Tribunal

The International Tribunal shall consist of the following organs:

  1. (a)  the Chambers, comprising three Trial Chambers and an Appeals Chamber;

  2. (b)  the Prosecutor; and

  3. (c)  a Registry, servicing both the Chambers and the Prosecutor.

Article 12  Composition of the Chambers

1.  The Chambers shall be composed of a maximum of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of twelve 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.  A maximum at any one time of three permanent judges and 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, except in the circumstances specified in paragraph 5 below. 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.

5.  The Secretary-General may, at the request of the President of the International Tribunal appoint, from among the ad litem judges elected in accordance with Article 13 ter, reserve judges to be present at each stage of a trial to which they have been appointed and to replace a judge if that judge is unable to continue sitting.

6.  Without prejudice to paragraph 2 above, in the event that exceptional circumstances require for a permanent judge in a section of a Trial Chamber to be replaced resulting in a section solely comprised of ad litem judges, that section may continue to hear the case, notwithstanding that its composition no longer includes a permanent judge.

Article 13  Qualifications of judges

The permanent and ad litem judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers and sections of the Trial Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

Article 13  bis Election of permanent judges

1.  Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

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

  2. (b)  Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 13 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 bis of the Statute of that Tribunal;

  3. (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 twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world;

  4. (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 fourteen permanent 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. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

2.  In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned.

3.  The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election.

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:

  1. (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.

  2. (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.

  3. (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 geographical distribution.

  4. (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.

  5. (e)  The ad litem judges shall be 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 paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.

Article 13  quater Status of ad litem judges

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

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

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

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

  4. (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:

  1. (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;

  2. (b)  Have power:

    1. (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;

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

    3. (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.

3.  Notwithstanding, paragraphs 1 and 2 above, an ad litem judge who is serving as a reserve judge shall, during such time as he or she so serves:

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

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

  3. (c)  Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they have been appointed to and for that purpose to enjoy subject to paragraph 2 above, the same powers as permanent judges.

4.  In the event that a reserve judge replaces a judge who is unable to continue sitting, he or she will, as of that time, benefit from the provisions of paragraph 1 above.

Article  14 Officers and members of the Chambers

1.  The permanent judges of the International Tribunal shall elect a President from amongst their number.

2.  The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over its proceedings.

3.  After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, the President may assign to the Appeals Chamber up to four additional permanent judges serving in the Trial Chambers, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

4.  Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, up to four additional permanent judges serving in the Trial Chambers of the International Criminal Tribunal for Rwanda may be assigned to the Appeals Chamber by the President of that Tribunal, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

5.  After consultation with the permanent judges of the International Tribunal, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal to the Trial Chambers.

6.  A judge shall serve only in the Chamber to which he or she was assigned.

7.  The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole.

Article 15  Rules of procedure and evidence

The judges of the International Tribunal shall adopt rules of procedure and evidence for the conduct of the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses and other appropriate matters.

Article 16  The Prosecutor

1.  The Prosecutor shall be responsible for the investigation and prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991.

2.  The Prosecutor shall act independently as a separate organ of the International Tribunal. He or she shall not seek or receive instructions from any Government or from any other source.

3.  The Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff as may be required.

4.  The Prosecutor shall be appointed by the Security Council on nomination by the Secretary-General. He or she shall be of high moral character and possess the highest level of competence and experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Prosecutor shall be those of an Under-Secretary-General of the United Nations.

5.  The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the recommendation of the Prosecutor.

Article  17 The Registry

1.  The Registry shall be responsible for the administration and servicing of the International Tribunal.

2.  The Registry shall consist of a Registrar and such other staff as may be required.

3.  The Registrar shall be appointed by the Secretary-General after consultation with the President of the International Tribunal. He or she shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Registrar shall be those of an Assistant Secretary-General of the United Nations.

4.  The staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar.

Article 18  Investigation and preparation of indictment

1.  The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organisations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed.

2.  The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned.

3.  If questioned, the suspect shall be entitled to be assisted by counsel of his own choice, including the right to have legal assistance assigned to him without payment by him in any such case if he does not have sufficient means to pay for it, as well as to necessary translation into and from a language he speaks and understands.

4.  Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.

Article 19  Review of the indictment

1.  The judge of the Trial Chamber to whom the indictment has been transmitted shall review it. If satisfied that a prima facie case has been established by the Prosecutor, he shall confirm the indictment. If not so satisfied, the indictment shall be dismissed.

2.  Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other orders as may be required for the conduct of the trial.

Article 20  Commencement and conduct of trial proceedings

1.  The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

2.  A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the International Tribunal, be taken into custody, immediately informed of the charges against him and transferred to the International Tribunal.

3.  The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Trial Chamber shall then set the date for trial.

4.  The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence.

Article 21  Rights of the accused

1.  All persons shall be equal before the International Tribunal.

2.  In the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to article 22 of the Statute.

3.  The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute.

4.  In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality:

  1. (a)  to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

  2. (b)  to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

  3. (c)  to be tried without undue delay;

  4. (d)  to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

  5. (e)  to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

  6. (f)  to have the free assistance of an interpreter if he cannot understand or speak the language used in the International Tribunal;

  7. (g)  not to be compelled to testify against himself or to confess guilt.

Article 22  Protection of victims and witnesses

The International Tribunal shall provide in its rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victim’s identity.

Article 23  Judgement

1.  The Trial Chambers shall pronounce judgements and impose sentences and penalties on persons convicted of serious violations of international humanitarian law.

2.  The judgement shall be rendered by a majority of the judges of the Trial Chamber, and shall be delivered by the Trial Chamber in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended.

Article 24  Penalties

1.  The penalty imposed by the Trial Chamber shall be limited to imprisonment. In determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia.

2.  In imposing the sentences, the Trial Chambers should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person.

3.  In addition to imprisonment, the Trial Chambers may order the return of any property and proceeds acquired by criminal conduct, including by means of duress, to their rightful owners.

Article 25  Appellate proceedings

1.  The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or from the Prosecutor on the following grounds:

  1. (a)  an error on a question of law invalidating the decision; or

  2. (b)  an error of fact which has occasioned a miscarriage of justice.

2.  The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers.

Article  26 Review proceedings

Where a new fact has been discovered which was not known at the time of the proceedings before the Trial Chambers or the Appeals Chamber and which could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit to the International Tribunal an application for review of the judgement.

Article 27  Enforcement of sentences

Imprisonment shall be served in a State designated by the International Tribunal from a list of States which have indicated to the Security Council their willingness to accept convicted persons. Such imprisonment shall be in accordance with the applicable law of the State concerned, subject to the supervision of the International Tribunal.

Article 28  Pardon or commutation of sentences

If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the International Tribunal accordingly. The President of the International Tribunal, in consultation with the judges, shall decide the matter on the basis of the interests of justice and the general principles of law.

Article 29  Co-operation and judicial assistance

1.  States shall co-operate with the International Tribunal in the investigation and prosecution of persons accused of committing serious violations of international humanitarian law.

2.  States shall comply without undue delay with any request for assistance or an order issued by a Trial Chamber, including, but not limited to:

  1. (a)  the identification and location of persons;

  2. (b)  the taking of testimony and the production of evidence;

  3. (c)  the service of documents;

  4. (d)  the arrest or detention of persons;

  5. (e)  the surrender or the transfer of the accused to the International Tribunal.

Article 30  The status, privileges and immunities of the International Tribunal

1.  The Convention on the Privileges and Immunities of the United Nations of 13 February 1946 shall apply to the International Tribunal, the judges, the Prosecutor and his staff, and the Registrar and his staff.

2.  The judges, the Prosecutor and the Registrar shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.

3.  The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities accorded to officials of the United Nations under articles V and VII of the Convention referred to in paragraph 1 of this article.

4.  Other persons, including the accused, required at the seat of the International Tribunal shall be accorded such treatment as is necessary for the proper functioning of the International Tribunal.

Article 31  Seat of the International Tribunal

The International Tribunal shall have its seat at The Hague.

Article 32  Expenses of the International Tribunal

The expenses of the International Tribunal shall be borne by the regular budget of the United Nations in accordance with Article 17 of the Charter of the United Nations.

Article  33 Working languages

The working languages of the International Tribunal shall be English and French.

Article 34  Annual report

The President of the International Tribunal shall submit an annual report of the International Tribunal to the Security Council and to the General Assembly.

Resolution 808 (1993) Adopted by the Security Council at its 3175th meeting, on 22 February 1993

The Security Council,

Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,

Recalling paragraph 10 of its resolution 764 (1992) of 13 July 1992, in which it reaffirmed that all parties are bound to comply with the obligations under international humanitarian law and in particular the Geneva Conventions of 12 August 1949, and that persons who commit or order the commission of grave breaches of the Conventions are individually responsible in respect of such breaches,

Recalling also its resolution 771 (1992) of 13 August 1992, in which, inter alia, it demanded that all parties and others concerned in the former Yugoslavia, and all military forces in Bosnia and Herzegovina, immediately cease and desist from all breaches of international humanitarian law,

Recalling further its resolution 780 (1992) of 6 October 1992, in which it requested the Secretary-General to establish, as a matter of urgency, an impartial Commission of Experts to examine and analyse the information submitted pursuant to resolutions 771 (1992) and 780 (1992), together with such further information as the Commission of Experts may obtain, with a view to providing the Secretary-General with its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law committed in the territory of the former Yugoslavia,

Having considered the interim report of the Commission of Experts established by resolution 780 (1992) (S/25274), in which the Commission observed that a decision to establish an ad hoc international tribunal in relation to events in the territory of the former Yugoslavia would be consistent with the direction of its work,

Expressing once again its grave alarm at continuing reports of widespread violations of international humanitarian law occurring within the territory of the former Yugoslavia, including reports of mass killings and the continuance of the practice of “ethnic cleansing”,

Determining that this situation constitutes a threat to international peace and security,

Determined to put an end to such crimes and to take effective measures to bring to justice the persons who are responsible for them,

Convinced that in the particular circumstances of the former Yugoslavia the establishment of an international tribunal would enable this aim to be achieved and would contribute to the restoration and maintenance of peace,

Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee in the International Conference on the Former Yugoslavia for the establishment of such a tribunal (S/25221),

Noting also with grave concern the “report of the European Community investigative mission into the treatment of Muslim women in the former Yugoslavia” (S/25240, Annex 1),

Noting further the report of the committee of jurists submitted by France (S/25266), the report of the commission of jurists submitted by Italy (S/25300), and the report transmitted by the Permanent Representatives of Sweden on behalf of the Chairman-in-Office of the Conference on Security and Cooperation in Europe (CSCE) (S/25307),

1.  Decides that an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991;

2.  Requests the Secretary-General to submit for consideration by the Council at the earliest possible date, and if possible no later than 60 days after the adoption of the present resolution, a report on all the aspects of this matter, including specific proposals and where appropriate options for the effective and expeditious implementation of the decision contained in paragraph 1 above, taking into account suggestions put forward in this regard by Member States;

3.  Decides to remain actively seized of the matter.

Resolution 827 (1993) Adopted by the Security Council at its 3217th meeting, on 25 May 1993

The Security Council,

Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,

Having considered the report of the Secretary-General (S/25704 and Add.1) pursuant to paragraph 2 of resolution 808 (1993),

Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia, and especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systematic detention and rape of women, and the continuance of the practice of “ethnic cleansing”, including for the acquisition and the holding of territory,

Determining that this situation continues to constitute a threat to international peace and security,

Determined to put an end to such crimes and to take effective measures to bring to justice the persons who are responsible for them,

Convinced that in the particular circumstances of the former Yugoslavia the establishment as an ad hoc measure by the Council of an international tribunal and the prosecution of persons responsible for serious violations of international humanitarian law would enable this aim to be achieved and would contribute to the restoration and maintenance of peace,

Believing that the establishment of an international tribunal and the prosecution of persons responsible for the above-mentioned violations of international humanitarian law will contribute to ensuring that such violations are halted and effectively redressed,

Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia for the establishment of such a tribunal (S/25221),

Reaffirming in this regard its decision in resolution 808 (1993) that an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991,

Considering that, pending the appointment of the Prosecutor of the International Tribunal, the Commission of Experts established pursuant to resolution 780 (1992) should continue on an urgent basis the collection of information relating to evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law as proposed in its interim report (S/25274),

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

1.  Approves the report of the Secretary-General;

2.  Decides hereby to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon the restoration of peace and to this end to adopt the Statute of the International Tribunal annexed to the above-mentioned report;

3.  Requests the Secretary-General to submit to the judges of the International Tribunal, upon their election, any suggestions received from States for the rules of procedure and evidence called for in Article 15 of the Statute of the International Tribunal;

4.  Decides that all States shall cooperate fully with the International Tribunal and its organs in accordance with the present resolution and the Statute of the International Tribunal and that consequently all States shall take any measures necessary under their domestic law to implement the provisions of the present resolution and the Statute, including the obligation of States to comply with requests for assistance or orders issued by a Trial Chamber under Article 29 of the Statute;

5.  Urges States and intergovernmental and non-governmental organizations to contribute funds, equipment and services to the International Tribunal, including the offer of expert personnel;

6.  Decides that the determination of the seat of the International Tribunal is subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands acceptable to the Council, and that the International Tribunal may sit elsewhere when it considers it necessary for the efficient exercise of its functions;

7.  Decides also that the work of the International Tribunal shall be carried out without prejudice to the right of the victims to seek, through appropriate means, compensation for damages incurred as a result of violations of international humanitarian law;

8.  Requests the Secretary-General to implement urgently the present resolution and in particular to make practical arrangements for the effective functioning of the International Tribunal at the earliest time and to report periodically to the Council;

9.  Decides to remain actively seized of the matter.

Resolution 1166 (1998) Adopted by the Security Council at its 3878th meeting, on 13 May 1998

The Security Council,

Reaffirming its resolution 827 (1993) of 25 May 1993,

Remaining convinced that the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia contributes to the restoration and maintenance of peace in the former Yugoslavia,

Having considered the letter from the Secretary-General to the President of the Security Council dated 5 May 1998 (S/1998/376),

Convinced of the need to increase the number of judges and Trial Chambers, in order to enable 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 (“the International Tribunal”) to try without delay the large number of accused awaiting trial,

Noting the significant progress being made in improving the procedures of the International Tribunal, and convinced of the need for its organs to continue their efforts to further such progress,

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

1.  Decides to establish a third Trial Chamber of the International Tribunal, and to this end decides to amend articles 11, 12 and 13 of the Statute of the International Tribunal and to replace those articles with the provisions set out in the annex to this resolution;

2.  Decides that three additional judges shall be elected as soon as possible to serve in the additional Trial Chamber, and decides also, without prejudice to article 13.4 of the Statute of the International Tribunal, that once elected they shall serve until the date of the expiry of the terms of office of the existing judges, and that for the purpose of that election the Security Council shall, notwithstanding article 13.2 (c) of the Statute, establish a list from the nominations received of not less than six and not more than nine candidates;

3.  Urges all States to cooperate fully with the International Tribunal and its organs in accordance with their obligations under resolution 827 (1993) and the Statute of the International Tribunal and welcomes the cooperation already extended to the Tribunal in the fulfilment of its mandate;

4.  Requests the Secretary-General to make practical arrangements for the elections mentioned in paragraph 2 above and for enhancing the effective functioning of the International Tribunal, including the timely provision of personnel and facilities, in particular for the third Trial Chamber and related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;

5.  Decides to remain actively seized of the matter.

Annex

Article 11  Organization of the International Tribunal

The International Tribunal shall consist of the following organs:

  1. (a)  the Chambers, comprising three Trial Chambers and an Appeals Chamber;

  2. (b)  the Prosecutor; and

  3. (c)  a Registry, servicing both the Chambers and the Prosecutor.

Article 12  Composition of the Chambers

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

  1. (a)  three judges shall serve in each of the Trial Chambers; and

  2. (b)  five judges shall serve in the Appeals Chamber.

Article 13  Qualifications and election of judges

1.  The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

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

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

  2. (b)  Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in paragraph 1 above, no two of whom shall be of the same nationality.

  3. (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 twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world.

  4. (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 fourteen 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. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

3.  In the event of a vacancy in the Chambers, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of paragraph 1 above, for the remainder of the term of office concerned.

4.  The judges shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election.

Resolution 1329 (2000) Adopted by the Security Council at its 4240th meeting, on 30 November 2000

The Security Council,

Reaffirming its resolutions 827 (1993) of 25 May 1993 and 955 (1994) of 8 November 1994,

Remaining convinced that the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia contributes to the restoration and maintenance of peace in the former Yugoslavia,

Remaining convinced also that in the particular circumstances of Rwanda the prosecution of persons responsible for genocide and other serious violations of international humanitarian law contributes to the process of national reconciliation and to the restoration and maintenance of peace in Rwanda and in the region,

Having considered the letter from the Secretary-General to the President of the Security Council dated 7 September 2000 (S/2000/865) and the annexed letters from the President of the International Tribunal for the Former Yugoslavia addressed to the Secretary-General dated 12 May 2000 and from the President of the International Tribunal for Rwanda dated 14 June 2000,

Convinced of the need to establish a pool of ad litem judges in the International Tribunal for the Former Yugoslavia and to increase the number of judges in the Appeals Chambers of the International Tribunals in order to enable the International Tribunals to expedite the conclusion of their work at the earliest possible date,

Noting the significant progress being made in improving the procedures of the International Tribunals, and convinced of the need for their organs to continue their efforts to further such progress,

Taking note of the position expressed by the International Tribunals that civilian, military and paramilitary leaders should be tried before them in preference to minor actors,

Recalling that the International Tribunals and national courts have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law, and noting that the Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia provide that a Trial Chamber may decide to suspend an indictment to allow for a national court to deal with a particular case,

Taking note with appreciation of the efforts of the judges of the International Tribunal for the Former Yugoslavia, as reflected in annex I to the letter from the Secretary-General of 7 September 2000, to allow competent organs of the United Nations to begin to form a relatively exact idea of the length of the mandate of the Tribunal,

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

1.  Decides to establish a pool of ad litem judges in the International Tribunal for the Former Yugoslavia and to enlarge the membership of the Appeals Chambers of the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda, and to this end decides to amend articles 12, 13 and 14 of the Statute of the International Tribunal for the Former Yugoslavia and to replace those articles with the provisions set out in annex I to this resolution and decides also to amend articles 11, 12 and 13 of the Statute of the International Tribunal for Rwanda and to replace those articles with the provisions set out in annex II to this resolution;

2.  Decides that two additional judges shall be elected as soon as possible as judges of the International Tribunal for Rwanda and decides also, without prejudice to Article 12, paragraph 4, of the Statute of that Tribunal, that, once elected, they shall serve until the date of the expiry of the terms of office of the existing judges, and that for the purpose of that election the Security Council shall, notwithstanding Article 12, paragraph 2 (c) of the Statute, establish a list from the nominations received of not less than four and not more than six candidates;

3.  Decides that, once two judges have been elected in accordance with paragraph 2 above and have taken up office, the President of the International Tribunal for Rwanda shall, in accordance with Article 13, paragraph 3, of the Statute of the International Tribunal for Rwanda and Article 14, paragraph 4, of the Statute of the International Tribunal for the Former Yugoslavia, take the necessary steps as soon as is practicable to assign two of the judges elected or appointed in accordance with Article 12 of the Statute of the International Tribunal for Rwanda to be members of the Appeals Chambers of the International Tribunals;

4.  Requests the Secretary-General to make practical arrangements for the elections mentioned in paragraph 2 above, for the election as soon as possible of twenty-seven ad litem judges in accordance with Article 13 ter of the Statute of the International Tribunal for the Former Yugoslavia, and for the timely provision to the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda of personnel and facilities, in particular, for the ad litem judges and the Appeals Chambers and related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;

5.  Urges all States to cooperate fully with the International Tribunals and their organs in accordance with their obligations under resolutions 827 (1993) and 955 (1994) and the Statutes of the International Tribunals, and welcomes the cooperation already extended to the Tribunals in the fulfilment of their mandates;

6.  Requests the Secretary-General to submit to the Security Council, as soon as possible, a report containing an assessment and proposals regarding the date ending the temporal jurisdiction of the International Tribunal for the Former Yugoslavia;

7.  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.

Article 13  Qualifications of judges

The permanent and ad litem judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers and sections of the Trial Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

Article 13  bis Election of permanent judges

1.  Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

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

  2. (b)  Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 13 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 bis of the Statute of that Tribunal.

  3. (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 twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world.

  4. (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 fourteen permanent 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. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

2.  In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned.

3.  The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election.

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:

  1. (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.

  2. (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.

  3. (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 geographical distribution.

  4. (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.

  5. (e)  The ad litem judges shall be elected for a term of four years. They shall not be eligible for re-election.

2.  During their 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 paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.

Article 13  quater Status of ad litem judges

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

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

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

  3. (c)  enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal.

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

  1. (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;

  2. (b)  have power:

    1. (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;

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

    3. (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;

    4. (iv)  to adjudicate in pre-trial proceedings.

Article 14  Officers and members of the Chambers

1.  The permanent judges of the International Tribunal shall elect a President from amongst their number.

2.  The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over its proceedings.

3.  After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with Article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers.

4.  Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal.

5.  After consultation with the permanent judges of the International Tribunal, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal to the Trial Chambers.

6.  A judge shall serve only in the Chamber to which he or she was assigned.

7.  The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole.

Annex II

Article 11  Composition of the Chambers

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:

  1. (a)  three judges shall serve in each of the Trial Chambers;

  2. (b)  seven judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.

Article 12  Qualification and election of judges

1.  The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

2.  Eleven of the judges of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

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

  2. (b)  Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in paragraph 1 above, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge 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 (hereinafter referred to as “the International Tribunal for the Former Yugoslavia”) in accordance with article 13 bis of the Statute of that Tribunal.

  3. (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 twenty-two and not more than thirty-three candidates, taking due account of the adequate representation on the International Tribunal for Rwanda of the principal legal systems of the world.

  4. (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 eleven judges of the International Tribunal for Rwanda. 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. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

3.  In the event of a vacancy in the Chambers amongst the judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of paragraph 1 above, for the remainder of the term of office concerned.

4.  The judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Tribunal for the Former Yugoslavia. They shall be eligible for re-election.

Article 13  Officers and members of the Chambers

1.  The judges of the International Tribunal for Rwanda shall elect a President.

2.  The President of the International Tribunal for Rwanda shall be a member of one of its Trial Chambers.

3.  After consultation with the judges of the International Tribunal for Rwanda, the President shall assign two of the judges elected or appointed in accordance with Article 12 of the present Statute to be members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda. A judge shall serve only in the Chamber to which he or she was assigned.

4.  The members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia shall also serve as the members of the Appeals Chamber of the International Tribunal for Rwanda.

5.  The judges of each Trial Chamber shall elect a Presiding Judge, who shall conduct all of the proceedings of that Trial Chamber as a whole.

Resolution 1411 (2002) Adopted by the Security Council at its 4535th meeting, on 17 May 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:

  1. (a)  three judges shall serve in each of the Trial Chambers;

  2. (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.

Resolution 1431 (2002) Adopted by the Security Council at its 4601st meeting, on 14 August 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,

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, 1329 (2000) of 30 November 2000 and 1411 (2002) of 17 May 2002,

Having considered the letter from the Secretary-General to the President of the Security Council dated 14 September 2001 (S/2001/764) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 9 July 2001,

Having considered also the letter from the Secretary-General to the President of the Security Council dated 4 March 2002 (S/2002/241) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 6 February 2002,

Convinced of the need to establish a pool of ad litem judges in the International Tribunal for Rwanda in order to enable the International Tribunal for Rwanda to expedite the conclusion of its work at the earliest possible date and determined to follow closely the progress of the operation of the International Tribunal for Rwanda,

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

1.  Decides to establish a pool of ad litem judges in the International Tribunal for Rwanda, and to this end decides to amend articles 11, 12 and 13 of the Statute of the International Tribunal for Rwanda and to replace those articles with the provisions set out in annex I to this resolution and decides also to amend articles 13 bis and 14 of the Statute of the International Tribunal for the Former Yugoslavia and to replace those articles with the provisions set out in annex II to this resolution;

2.  Requests the Secretary-General to make practical arrangements for the election as soon as possible of eighteen ad litem judges in accordance with Article 12 ter of the Statute of the International Tribunal for Rwanda and for the timely provision to the International Tribunal for Rwanda of personnel and facilities, in particular, for the ad litem judges and related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;

3.  Urges all States to cooperate fully with the International Tribunal for Rwanda and its organs in accordance with their obligations under resolution 955 (1994) and the Statute of the International Tribunal for Rwanda;

4.  Decides to remain actively seized of the matter.

Annex I

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 four 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 four 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  Qualifications of judges

The permanent and ad litem judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers and sections of the Trial Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

Article 12  bis Election of permanent judges

1.  Eleven of the permanent judges of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

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

  2. (b)  Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 12 of the present Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge 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 (hereinafter referred to as “the International Tribunal for the Former Yugoslavia”) in accordance with article 13 bis of the Statute of that Tribunal;

  3. (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 twenty-two and not more than thirty-three candidates, taking due account of the adequate representation on the International Tribunal for Rwanda of the principal legal systems of the world;

  4. (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 eleven permanent judges of the International Tribunal for Rwanda. 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. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

2.  In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 12 of the present Statute, for the remainder of the term of office concerned.

3.  The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the permanent judges of the International Tribunal for the Former Yugoslavia. They shall be eligible for re-election.

Article 12  ter Election and appointment of ad litem judges

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

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

  2. (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 12 of the present Statute, taking into account the importance of a fair representation of female and male candidates;

  3. (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 thirty-six candidates, taking due account of the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable geographical distribution;

  4. (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 eighteen ad litem judges of the International Tribunal for Rwanda. 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;

  5. (e)  The ad litem judges shall be elected for a term of four years. They shall not be eligible for re-election.

2.  During their term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal for Rwanda, 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 for Rwanda shall bear in mind the criteria set out in article 12 of the present Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.

Article 12  quater 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:

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

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

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

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

  1. (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;

  2. (b)  Have power:

    1. (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;

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

    3. (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;

    4. (iv)  To adjudicate in pre-trial proceedings.

Article 13  Officers and members of the Chambers

1.  The permanent judges of the International Tribunal for Rwanda shall elect a President from amongst their number.

2.  The President of the International Tribunal for Rwanda shall be a member of one of its Trial Chambers.

3.  After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign two of the permanent judges elected or appointed in accordance with Article 12 bis of the present Statute to be members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda.

4.  The members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia shall also serve as the members of the Appeals Chamber of the International Tribunal for Rwanda.

5.  After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal for Rwanda to the Trial Chambers.

6.  A judge shall serve only in the Chamber to which he or she was assigned.

7.  The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of that Trial Chamber as a whole.

Annex II

Article 13  bis Election of permanent judges

1.  Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

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

  2. (b)  Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 13 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 bis of the Statute of that Tribunal;

  3. (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 twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world;

  4. (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 fourteen permanent 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. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

2.  In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned.

3.  The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election.

Article 14  Officers and members of the Chambers

1.  The permanent judges of the International Tribunal shall elect a President from amongst their number.

2.  The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over its proceedings.

3.  After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with Article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers.

4.  Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal.

5.  After consultation with the permanent judges of the International Tribunal, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal to the Trial Chambers.

6.  A judge shall serve only in the Chamber to which he or she was assigned.

7.  The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole.

Resolution 1481 (2003) Adopted by the Security Council at its 4759th meeting, on 19 May 2003

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  quater Status of ad litem judges

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

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

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

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

  4. (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:

  1. (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;

  2. (b)  Have power:

    1. (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;

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

    3. (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.

Resolution 1597 (2005) Adopted by the Security Council at its 5165th meeting, on 20 April 2005

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 reelection 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:

  1. (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;

  2. (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;

  3. (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;

  4. (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;

  5. (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.

Resolution 1660 (2006) Adopted by the Security Council at its 5382nd meeting, on 28 February 2006

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, 1534 (2004) of 26 March 2004 and of 1597 (2005) of 20 April 2005,

Having considered the proposal made by the President of the International Tribunal for the Former Yugoslavia that the Secretary-General at the request of the President appoint reserve judges from among the ad litem judges elected in accordance with Article 13 ter, to be present at each stage of a trial to which they have been appointed and to replace a judge if that judge is unable to continue sitting,

Convinced of the advisability of allowing the Secretary-General to appoint reserve judges to specific trials at the International Tribunal for the Former Yugoslavia when so requested by the President of the Tribunal,

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

1.  Decides to amend article 12 and article 13 quater of the Statute of the International Tribunal for the Former Yugoslavia and to replace those articles with the provisions set out in the annex to this resolution;

2.  Decides to remain seized of the matter.

Annex

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 twelve 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 nine 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, except in the circumstances specified in paragraph 5 below. 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.

5.  The Secretary-General may, at the request of the President of the International Tribunal appoint, from among the ad litem judges elected in accordance with Article 13 ter, reserve judges to be present at each stage of a trial to which they have been appointed and to replace a judge if that judge is unable to continue sitting.

6.  Without prejudice to paragraph 2 above, in the event that exceptional circumstances require for a permanent judge in a section of a Trial Chamber to be replaced resulting in a section solely comprised of ad litem judges, that section may continue to hear the case, notwithstanding that its composition no longer includes a permanent judge.

Article 13  quater Status of ad litem judges

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

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

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

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

  4. (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:

  1. (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;

  2. (b)  Have power:

    1. (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;

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

    3. (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.

3.  Notwithstanding, paragraphs 1 and 2 above, an ad litem judge who is serving as a reserve judge shall, during such time as he or she so serves:

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

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

  3. (c)  Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they have been appointed to and for that purpose to enjoy subject to paragraph 2 above, the same powers as permanent judges.

4.  In the event that a reserve judge replaces a judge who is unable to continue sitting, he or she will, as of that time, benefit from the provisions of paragraph 1 above.

Resolution 1837 (2008) Adopted by the Security Council at its 5986th meeting, on 29 September 2008

The Security Council,

Taking note of the letter to the President of the Council from the Secretary-General dated 24 September 2008, attaching two letters to him from the President of the International Tribunal for the former Yugoslavia (“the Tribunal”) dated 5 June 2008 and 1 September 2008 (S/2008/621),

Recalling its resolutions 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613 (2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006, 1668 (2006) of 10 April 2006, and 1800 (2008) of 20 February 2008,

Recalling in particular its resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, in which the Security Council calls on the Tribunal to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010,

Expressing its determination to support the efforts made by the Tribunal toward the completion of its trial work at the earliest date,

Expressing its expectation that the extension of the terms of office of the judges concerned will enhance the effectiveness of trial proceedings and contribute towards the implementation of the Completion Strategy,

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

1.  Decides to extend the terms of office of the following permanent judges at the Tribunal who are members of the Appeals Chamber until 31 December 2010, or until the completion of the cases before the Appeals Chamber if sooner:

  • –  Liu Daqun (China)

  • –  Theodor Meron (United States of America)

  • –  Fausto Pocar (Italy)

  • –  Mohamed Shahabuddeen (Guyana)

2.  Decides to extend the terms of office of the following permanent judges at the Tribunal who are members of the Trial Chambers until 31 December 2009, or until the completion of the cases to which they are assigned if sooner:

  • –  Carmel Agius (Malta)

  • –  Jean-Claude Antonetti (France)

  • –  Iain Bonomy (United Kingdom)

  • –  Christoph Flügge (Germany)

  • –  O-Gon Kwon (South Korea)

  • –  Bakone Justice Moloto (South Africa)

  • –  Alphons Orie (The Netherlands)

  • –  Kevin Parker (Australia)

  • –  Patrick Robinson (Jamaica)

  • –  Christine Van den Wyngaert (Belgium)

3.  Decides to extend the terms of office of the following ad litem judges, currently serving at the Tribunal, until 31 December 2009, or until the completion of the cases to which they are assigned if sooner:

  • –  Ali Nawaz Chowhan (Pakistan)

  • –  Pedro David (Argentina)

  • –  Elizabeth Gwaunza (Zimbabwe)

  • –  Frederik Harhoff (Denmark)

  • –  Tsvetana Kamenova (Bulgaria)

  • –  Uldis Kinis (Latvia)

  • –  Flavia Lattanzi (Italy)

  • –  Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)

  • –  Janet Nosworthy (Jamaica)

  • –  Michèle Picard (France)

  • –  Árpád Prandler (Hungary)

  • –  Kimberly Prost (Canada)

  • –  Ole Bjørn Støle (Norway)

  • –  Stefan Trechsel (Switzerland)

4.  Decides to extend the term of office of the following ad litem judges, who are not currently appointed to serve at the Tribunal, until 31 December 2009, or until the completion of any cases to which they may be assigned if sooner:

  • –  Melville Baird (Trinidad and Tobago)

  • –  Frans Bauduin (The Netherlands)

  • –  Burton Hall (The Bahamas)

  • –  Frank Höpfel (Austria)

  • –  Raimo Lahti (Finland)

  • –  Jawdat Naboty (Syrian Arab Republic)

  • –  Chioma Egondu Nwosu-Iheme (Nigeria)

  • –  Prisca Matimba Nyambe (Zambia)

  • –  Brynmor Pollard (Guyana)

  • –  Vonimbolana Rasoazanany (Madagascar)

  • –  Krister Thelin (Sweden)

  • –  Klaus Tolksdorf (Germany)

  • –  Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)

5.  Decides, without prejudice to the provisions of resolution 1800 (2008) of 20 February 2008, to amend article 12, paragraphs 1 and 2, of the Statute of the Tribunal and to replace those paragraphs with the provisions set out in the annex to this resolution.

6.  Decides to remain seized of the matter.

Annex

Article 12  Composition of the Chambers

1.  The Chambers shall be composed of a maximum of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of twelve 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.  A maximum at any one time of three permanent judges and 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, except in the circumstances specified in paragraph 5 below. 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.

Resolution 1877 (2009) Adopted by the Security Council at its 6155th meeting, on 7 July 2009

The Security Council,

Taking note of the letter to the President of the Council from the Secretary-General dated 19 June 2009, attaching the letter from the President of the International Tribunal for the Former Yugoslavia (“the International Tribunal”) dated 27 May 2009 and the letter from the President of the International Criminal Tribunal for Rwanda (“the ICTR”) dated 29 May 2009 (S/2009/333),

Recalling its resolutions 827 (1993) of 25 May 1993, 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613 (2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006, 1668 (2006) of 10 April 2006, 1800 (2008) of 20 February 2008, 1837 (2008) of 29 September 2008 and 1849 (2008) of 12 December 2008,

Recalling in particular its resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, in which the Security Council calls on the International Tribunal to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010,

Taking note of the assessment by the International Tribunal in its Completion Strategy Report (S/2009/252) that the Tribunal will not be in a position to complete all its work in 2010,

Having considered the proposals submitted by the President of the International Tribunal,

Expressing its determination to support the efforts made by the International Tribunal towards the completion of its work at the earliest date,

Recalling that in its resolution 1837 (2008), the Security Council extended the term of office of the permanent judges of the International Tribunal, including permanent judges Liu Daqun (China), Theodor Meron (United States of America), and Fausto Pocar (Italy), who are members of the Appeals Chamber, until 31 December 2010, or until the completion of the cases to which they are assigned if sooner,

Expressing its expectation that the extension of the term of office of judges will enhance the effectiveness of judicial proceedings and contribute towards the implementation of the Completion Strategy of the International Tribunal,

Noting that permanent judges Iain Bonomy (United Kingdom), Mohamed Shahabuddeen (Guyana) and Christine Van den Wyngaert (Belgium) have resigned from the International Tribunal,

Convinced of the advaisability of allowing the Secretary-General to appoint an additional ad litem judge to the 12 ad litem judges authorized by the Statute, as a temporary measure, to enable the International Tribunal to assign a reserve judge to one of the trials, and taking note of the assurance by the President of the International Tribunal that this temporary measure will be within existing resources,

Convinced further of the need to enlarge the membership of the Appeals Chamber in view of the anticipated increase in the workload of the Appeals Chamber upon completion of the trial proceedings,

Stressing the need to ensure that none of the Appeals Chamber judges is assigned to any case to which he or she was assigned at the pre-trial or trial stage,

Urging the International Tribunal to take all possible measures to complete its work expeditiously,

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

1.  Decides to review the extension of the term of office of the permanent judges at the International Tribunal, who are members of the Appeals Chamber, by 31 December 2009, in light of the progress of the International Tribunal in the implementation of the Completion Strategy;

2.  Decides to extend the term of office of the following permanent judges at the International Tribunal until 31 December 2010, or until the completion of the cases to which they are assigned if sooner:

  • –  Carmel Agius (Malta)

  • –  Jean-Claude Antonetti (France)

  • –  Christoph Flügge (Germany)

  • –  O-Gon Kwon (South Korea)

  • –  Bakone Justice Moloto (South Africa)

  • –  Alphons Orie (Netherlands)

  • –  Kevin Parker (Australia)

  • –  Patrick Robinson (Jamaica)

3.  Decides that the term of office of the permanent judges appointed to replace Iain Bonomy (United Kingdom), Mohamed Shahabuddeen (Guyana) and Christine Van den Wyngaert (Belgium) shall extend until 31 December 2010, or until the completion of the cases to which they will be assigned if sooner;

4.  Decides to extend the term of office of the following ad litem judges, currently serving at the International Tribunal, until 31 December 2010, or until the completion of the cases to which they are assigned if sooner:

  • –  Melville Baird (Trinidad and Tobago)

  • –  Pedro David (Argentina)

  • –  Elizabeth Gwaunza (Zimbabwe)

  • –  Frederik Harhoff (Denmark)

  • –  Uldis Kinis (Latvia)

  • –  Flavia Lattanzi (Italy)

  • –  Antoine Kesia-Mbe Mindua (Democratic Republic of the Congo)

  • –  Michèle Picard (France)

  • –  Árpád Prandler (Hungary)

  • –  Stefan Trechsel (Switzerland)

5.  Decides to extend the term of office of the following ad litem judges, who are not currently appointed to serve at the International Tribunal, until 31 December 2010, or until the completion of any cases to which they may be assigned if sooner:

  • –  Frans Bauduin (Netherlands)

  • –  Burton Hall (Bahamas)

  • –  Raimo Lahti (Finland)

  • –  Jawdat Naboty (Syrian Arab Republic)

  • –  Chioma Egondu Nwosu-Iheme (Nigeria)

  • –  Prisca Matimba Nyambe (Zambia)

  • –  Brynmor Pollard (Guyana)

  • –  Vonimbolana Rasoazanany (Madagascar)

  • –  Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)

6.  Decides to allow ad litem judges Harhoff, Lattanzi, Mindua, Prandler and Trechsel to serve in the International Tribunal beyond the cumulative period of service provided for under article 13 ter, paragraph 2, of the Statute of the International Tribunal;

7.  Decides that upon the request of the President of the International Tribunal, the Secretary-General may appoint additional ad litem judges in order to complete existing trials or conduct additional trials, notwithstanding that the total number of ad litem judges serving at the International Tribunal will from time to time temporarily exceed the maximum of twelve provided for in article 12, paragraph 1, of the Statute of the International Tribunal, to a maximum of thirteen at any one time, returning to a maximum of twelve by 31 December 2009;

8.  Decides to amend article 14, paragraph 3, and article 14, paragraph 4, of the Statute of the International Tribunal and to replace those paragraphs with the provisions set out in the annex to this resolution;

9.  Decides to remain seized of the matter.

Annex

Article 14  Officers and members of the Chambers

3.  After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, the President may assign to the Appeals Chamber up to four additional permanent judges serving in the Trial Chambers, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

4.  Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, up to four additional permanent judges serving in the Trial Chambers of the International Criminal Tribunal for Rwanda may be assigned to the Appeals Chamber by the President of that Tribunal, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

Resolution 1503 (2003) Adopted by the Security Council at its 4817th meeting, on 28 August 2003

The Security Council,

Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 978 (1995) of 27 February 1995, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, and 1481 (2003) of 19 May 2003,

Noting the letter from the Secretary-General to the President of the Security Council dated 28 July 2003 (S/2003/766),

Commending the important work of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in contributing to lasting peace and security in the former Yugoslavia and Rwanda and the progress made since their inception,

Noting that an essential prerequisite to achieving the objectives of the ICTY and ICTR Completion Strategies is full cooperation by all States, especially in apprehending all remaining at-large persons indicted by the ICTY and the ICTR,

Welcoming steps taken by States in the Balkans and the Great Lakes region of Africa to improve cooperation and apprehend at-large persons indicted by the ICTY and ICTR, but noting with concern that certain States are still not offering full cooperation,

Urging Member States to consider imposing measures against individuals and groups or organizations assisting indictees at large to continue to evade justice, including measures designed to restrict the travel and freeze the assets of such individuals, groups, or organizations,

Recalling and reaffirming in the strongest terms the statement of 23 July 2002 made by the President of the Security Council (S/PRST/2002/21), which endorsed the ICTY’s strategy for completing investigations by the end of 2004, all trial activities at first instance by the end of 2008, and all of its work in 2010 (ICTY Completion Strategy) (S/2002/678), by concentrating on the prosecution and trial of the most senior leaders suspected of being most responsible for crimes within the ICTY’s jurisdiction and transferring cases involving those who may not bear this level of responsibility to competent national jurisdictions, as appropriate, as well as the strengthening of the capacity of such jurisdictions,

Urging the ICTR to formalize a detailed strategy, modelled on the ICTY Completion Strategy, to transfer cases involving intermediate- and lower-rank accused to competent national jurisdictions, as appropriate, including Rwanda, in order to allow the ICTR to achieve its objective of completing investigations by the end of 2004, all trial activities at first instance by the end of 2008, and all of its work in 2010 (ICTR Completion Strategy),

Noting that the above-mentioned Completion Strategies in no way alter the obligation of Rwanda and the countries of the former Yugoslavia to investigate those accused whose cases would not be tried by the ICTR or ICTY and take appropriate action with respect to indictment and prosecution, while bearing in mind the primacy of the ICTY and ICTR over national courts,

Noting that the strengthening of national judicial systems is crucially important to the rule of law in general and to the implementation of the ICTY and ICTR Completion Strategies in particular,

Noting that an essential prerequisite to achieving the objectives of the ICTY Completion Strategy is the expeditious establishment under the auspices of the High Representative and early functioning of a special chamber within the State Court of Bosnia and Herzegovina (the “War Crimes Chamber”) and the subsequent referral by the ICTY of cases of lower- or intermediate-rank accused to the Chamber,

Convinced that the ICTY and the ICTR can most efficiently and expeditiously meet their respective responsibilities if each has its own Prosecutor,

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

1.  Calls on the international community to assist national jurisdictions, as part of the completion strategy, in improving their capacity to prosecute cases transferred from the ICTY and the ICTR and encourages the ICTY and ICTR Presidents, Prosecutors, and Registrars to develop and improve their outreach programmes;

2.  Calls on all States, especially Serbia and Montenegro, Croatia, and Bosnia and Herzegovina, and on the Republika Srpska within Bosnia and Herzegovina, to intensify cooperation with and render all necessary assistance to the ICTY, particularly to bring Radovan Karadzic and Ratko Mladic, as well as Ante Gotovina and all other indictees to the ICTY and calls on these and all other at-large indictees of the ICTY to surrender to the ICTY;

3.  Calls on all States, especially Rwanda, Kenya, the Democratic Republic of the Congo, and the Republic of the Congo, to intensify cooperation with and render all necessary assistance to the ICTR, including on investigations of the Rwandan Patriotic Army and efforts to bring Felicien Kabuga and all other such indictees to the ICTR and calls on this and all other at-large indictees of the ICTR to surrender to the ICTR;

4.  Calls on all States to cooperate with the International Criminal Police Organization (ICPO-Interpol) in apprehending and transferring persons indicted by the ICTY and the ICTR;

5.  Calls on the donor community to support the work of the High Representative to Bosnia and Herzegovina in creating a special chamber, within the State Court of Bosnia and Herzegovina, to adjudicate allegations of serious violations of international humanitarian law;

6.  Requests the Presidents of the ICTY and the ICTR and their Prosecutors, in their annual reports to the Council, to explain their plans to implement the ICTY and ICTR Completion Strategies;

7.  Calls on the ICTY and the ICTR to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010 (the Completion Strategies);

8.  Decides to amend Article 15 of the Statute of the International Tribunal for Rwanda and to replace that Article with the provision set out in Annex I to this resolution, and requests the Secretary-General to nominate a person to be the Prosecutor of the ICTR;

9.  Welcomes the intention expressed by the Secretary-General in his letter dated 28 July 2003, to submit to the Security Council the name of Mrs. Carla Del Ponte as nominee for Prosecutor for the ICTY;

10.  Decides to remain actively seized of the matter.

Annex I

Article 15  The Prosecutor

1.  The Prosecutor shall be responsible for the investigation and prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994.

2.  The Prosecutor shall act independently as a separate organ of the International Tribunal for Rwanda. He or she shall not seek or receive instructions from any government or from any other source.

3.  The Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff as may be required.

4.  The Prosecutor shall be appointed by the Security Council on nomination by the Secretary-General. He or she shall be of high moral character and possess the highest level of competence and experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Prosecutor shall be those of an Under-Secretary-General of the United Nations.

6.  The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the recommendation of the Prosecutor.

Resolution 1504 (2003) Adopted by the Security Council at its 4819th meeting, on 4 September 2003

The Security Council,

Recalling its resolution 1503 (2003) of 28 August 2003,

Noting that by that resolution the Council created a new position of Prosecutor for the International Tribunal for Rwanda,

Noting that by its resolution 1503 (2003) the Council welcomed the intention of the Secretary-General to submit to the Council the name of Mrs. Carla Del Ponte as nominee for Prosecutor for the International Tribunal for the Former Yugoslavia,

Having regard to Article 16(4) of the Statute of the International Tribunal for the Former Yugoslavia,

Having considered the nomination by the Secretary-General of Mrs. Carla Del Ponte as Prosecutor of the International Tribunal for the Former Yugoslavia,

Appoints Mrs. Carla Del Ponte as Prosecutor of the International Tribunal for the Former Yugoslavia with effect from 15 September 2003 for a four-year term.

Resolution 1534 (2004) Adopted by the Security Council at its 4935th meeting, on 26 March 2004

The Security Council,

Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 978 (1995) of 27 February 1995, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, and 1481 (2003) of 19 May 2003,

Recalling and reaffirming in the strongest terms the statement of 23 July 2002 made by the President of the Security Council (S/PRST/2002/21) endorsing the ICTY’s completion strategy and its resolution 1503 (2003) of 28 August 2003,

Recalling that resolution 1503 (2003) called on the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010 (the Completion Strategies), and requested the Presidents and Prosecutors of the ICTY and ICTR, in their annual reports to the Council, to explain their plans to implement the Completion Strategies,

Welcoming the presentations made by the ICTY and ICTR Presidents and Prosecutors to the Security Council on 9 October 2003,

Commending the important work of both Tribunals in contributing to lasting peace and security and national reconciliation and the progress made since their inception, commending them on their efforts so far to give effect to the Completion Strategies and calling on them to ensure effective and efficient use of their budgets, with accountability,

Reiterating its support for the ICTY and ICTR Prosecutors in their continuing efforts to bring at large indictees before the ICTY and the ICTR,

Noting with concern the problems highlighted in the presentations to the Security Council on 9 October 2003 in securing adequate regional cooperation,

Also noting with concern indications in the presentations made on 9 October, that it might not be possible to implement the Completion Strategies set out in resolution 1503 (2003),

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

1.  Reaffirms the necessity of trial of persons indicted by the ICTY and reiterates its call on all States, especially Serbia and Montenegro, Croatia and Bosnia and Herzegovina, and on the Republika Srpska within Bosnia and Herzegovina, to intensify cooperation with and render all necessary assistance to the ICTY, particularly to bring Radovan Karadzic and Ratko Mladic, as well as Ante Gotovina and all other indictees to the ICTY and calls on all at-large indictees of the ICTY to surrender to the ICTY;

2.  Reaffirms the necessity of trial of persons indicted by the ICTR and reiterates its call on all States, especially Rwanda, Kenya, the Democratic Republic of the Congo and the Republic of the Congo to intensify cooperation with and render all necessary assistance to the ICTR, including on investigations of the Rwandan Patriotic Army and efforts to bring Felicien Kabuga and all other such indictees to the ICTR and calls on all at-large indictees of the ICTR to surrender to the ICTR;

3.  Emphasizes the importance of fully implementing the Completion Strategies, as set out in paragraph 7 of resolution 1503 (2003), that calls on the ICTY and ICTR to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008 and to complete all work in 2010, and urges each Tribunal to plan and act accordingly;

4.  Calls on the ICTY and ICTR Prosecutors to review the case load of the ICTY and ICTR respectively in particular with a view to determining which cases should be proceeded with and which should be transferred to competent national jurisdictions, as well as the measures which will need to be taken to meet the Completion Strategies referred to in resolution 1503 (2003) and urges them to carry out this review as soon as possible and to include a progress report in the assessments to be provided to the Council under paragraph 6 of this resolution;

5.  Calls on each Tribunal, in reviewing and confirming any new indictments, to ensure that any such indictments concentrate on the most senior leaders suspected of being most responsible for crimes within the jurisdiction of the relevant Tribunal as set out in resolution 1503 (2003);

6.  Requests each Tribunal to provide to the Council, by 31 May 2004 and every six months thereafter, assessments by its President and Prosecutor, setting out in detail the progress made towards implementation of the Completion Strategy of the Tribunal, explaining what measures have been taken to implement the Completion Strategy and what measures remain to be taken, including the transfer of cases involving intermediate and lower rank accused to competent national jurisdictions; and expresses the intention of the Council to meet with the President and Prosecutor of each Tribunal to discuss these assessments;

7.  Declares the Council’s determination to review the situation, and in the light of the assessments received under the foregoing paragraph to ensure that the time frames set out in the Completion Strategies and endorsed by resolution 1503 (2003) can be met;

8.  Commends those States which have concluded agreements for the enforcement of sentences of persons convicted by the ICTY or the ICTR or have otherwise accepted such convicted persons to serve their sentences in their respective territories; encourages other States in a position to do so to act likewise; and invites the ICTY and the ICTR to continue and intensify their efforts to conclude further agreements for the enforcement of sentences or to obtain the cooperation of other States in this regard;

9.  Recalls that the strengthening of competent national judicial systems is crucially important to the rule of law in general and to the implementation of the ICTY and ICTR Completion Strategies in particular;

10.  Welcomes in particular the efforts of the Office of the High Representative, ICTY, and the donor community to create a war crimes chamber in Sarajevo; encourages all parties to continue efforts to establish the chamber expeditiously; and encourages the donor community to provide sufficient financial support to ensure the success of domestic prosecutions in Bosnia and Herzegovina and in the region;

11.  Decides to remain actively seized of the matter.

Resolution 1581 (2005) Adopted by the Security Council at its 5112th meeting, on 18 January 2005

The Security Council,

Taking note of the letter to the President of the Council from the Secretary-General dated 6 January 2005 (S/2005/9),

Recalling its resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004,

Bearing in mind the statement made to the Security Council at its 5086th meeting on 23 November 2004 by the President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), in which he expressed the commitment by the International Tribunal to the Completion Strategy,

Expressing its expectation that the extension of the terms of office of the ad litem judges concerned will enhance the effectiveness of trial proceedings and contribute towards ensuring the implementation of the Completion Strategy,

1.  Decides, in response to the request by the Secretary-General, that:

  1. (a)  Judge Rasoazanany and Judge Swart, once replaced as ad litem judges of the International Tribunal, finish the Hadžihasanović case, which they have begun before expiry of their term of office;

  2. (b)  Judge Brydensholt and Judge Eser, once replaced as ad litem judges of the International Tribunal, finish the Orić case, which they have begun before expiry of their term of office;

  3. (c)  Judge Thelin and Judge Van Den Wyngaert, once replaced as ad litem judges of the International Tribunal, finish the Limaj case, which they have begun before expiry of their term of office;

  4. (d)  Judge Canivell, once replaced as an ad litem judge of the International Tribunal, finishes the Krajišnik case, which he has begun before expiry of his term of office;

  5. (e)  Judge Szénási, if appointed to serve in the International Tribunal for the trial of the Halilović case, proceed, once replaced as an ad litem judge of the International Tribunal, to finish that case, which he would have begun before expiry of his term of office;

  6. (f)  Judge Hanoteau, if appointed to serve in the International Tribunal for the trial of the Krajišnik case, proceed, once replaced as an ad litem judge of the International Tribunal, to finish that case, which he would have begun before expiry of his term of office;

2.  Takes note in this regard of the intention of the International Tribunal to finish the Hadžihasanović case before the end of September 2005, the Halilović before the end of October 2005, the Orić and Limaj cases before the end of November 2005 and the Krajišnik case before the end of April 2006.

Resolution 1613 (2005) Adopted by the Security Council at its 5236th meeting, on 26 July 2005

The Security Council,

Recalling its resolution 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, 1534 (2004) of 26 March 2004 and 1597 (2005) of 20 April 2005,

Having considered the nominations for ad litem judges of the International Tribunal for the Former Yugoslavia received by the Secretary-General,

Forwards the following nominations to the General Assembly in accordance with Article 13 ter (1) (d) of the Statute of the International Tribunal:

  • Mr. Tanvir Bashir Ansari (Pakistan)

  • Mr. Melville Baird (Trinidad and Tobago)

  • Mr. Frans Bauduin (The Netherlands)

  • Mr. Giancarlo Roberto Belleli (Italy)

  • Mr. Ishaq Usman Bello (Nigeria)

  • Mr. Ali Nawaz Chowhan (Pakistan)

  • Mr. Pedro David (Argentina)

  • Mr. Ahmad Farawati (Syrian Arab Republic)

  • Ms. Elizabeth Gwaunza (Zimbabwe)

  • Mr. Burton Hall (The Bahamas)

  • Mr. Frederik Harhoff (Denmark)

  • Mr. Frank Höpfel (Austria)

  • Ms. Tsvetana Kamenova (Bulgaria)

  • Mr. Muhammad Muzammal Khan (Pakistan)

  • Mr. Uldis Kinis (Latvia)

  • Mr. Raimo Lahti (Finland)

  • Ms. Flavia Lattanzi (Italy)

  • Mr. Antoine Mindua (Democratic Republic of the Congo)

  • Mr. Jawdat Naboty (Syrian Arab Republic)

  • Ms. Janet Nosworthy (Jamaica)

  • Ms. Chioma Egondu Nwosu-Iheme (Nigeria)

  • Ms. Prisca Matimba Nyambe (Zambia)

  • Ms. Michèle Picard (France)

  • Mr. Brynmor Pollard (Guyana)

  • Mr. Árpád Prandler (Hungary)

  • Ms. Kimberly Prost (Canada)

  • Mr. Sheikh Abdul Rashid (Pakistan)

  • Ms. Vonimbolana Rasoazanany (Madagascar)

  • Mr. Ole Bjørn Støle (Norway)

  • Mr. Krister Thelin (Sweden)

  • Mr. Klaus Tolksdorf (Germany)

  • Mr. Stefan Trechsel (Switzerland)

  • Mr. Abubakar Bashir Wali (Nigeria)

  • Mr. Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)

Resolution 1629 (2005) Adopted by the Security Council at its 5273rd meeting, on 30 September 2005

The Security Council,

Taking note of the letter to the President of the Security Council from the Secretary-General dated 14 September 2005 (S/2005/593),

Decides that notwithstanding Article 12 of the Statute of the International Tribunal for the Former Yugoslavia and notwithstanding that Judge Christine Van Den Wyngaert’s elected term as a permanent judge of the Tribunal will in accordance with Article 13 bis of the Tribunal’s Statute only begin on 17 November 2005, she be assigned as a permanent judge to the Mrk{i} et al. case which is due to commence on 3 October 2005.

Resolution 1668 (2006) Adopted by the Security Council at its 5407th meeting, on 10 April 2006

The Security Council,

Recalling Security Council resolution 1581 (2005) of 18 January 2005,

Taking note of the letter to the President of the Security Council from the Secretary-General dated 27 March 2006,

Decides in response to the request by the Secretary-General to confirm that Judge Joaquín Canivell can continue to sit in the Krajišnik case beyond April 2006 and see the case through to its completion, notwithstanding the fact that the cumulative period of his service in the International Criminal Tribunal for the Former Yugoslavia would then attain and exceed three years,

Decides to remain seized of the matter.

Resolution 1775 (2007) Adopted by the Security Council at its 5742nd meeting, on 14 September 2007

The Security Council,

Recalling its resolution 1504 (2003) of 4 September 2003,

Having regard to Article 16 (4) of the Statute of the International Criminal Tribunal for the former Yugoslavia,

Aware that the term of office for Ms. Carla Del Ponte as Prosecutor for the International Criminal Tribunal for the former Yugoslavia expires on 14 September 2007,

Noting the need to ensure a smooth transition between the departure of Ms. Carla Del Ponte and the assumption of office of her successor,

Having considered the request of the Secretary-General to extend the appointment of Ms. Del Ponte from 15 September 2007 to 31 December 2007 (S/2007/538),

Noting the intention of the Secretary-General to submit the name of his nominee for the position of Prosecutor of the International Criminal Tribunal for the former Yugoslavia,

Decides, notwithstanding the provisions of article 16 (4) of the Statute, to extend for a final period the appointment of Ms. Carla Del Ponte as Prosecutor of the International Criminal Tribunal for the former Yugoslavia with effect from 15 September 2007 until 31 December 2007.

Resolution 1786 (2007) Adopted by the Security Council at its 5785th meeting, on 28 November 2007

The Security Council,

Recalling its resolution 1775 (2007) of 14 September 2007,

Having regard to Article 16 (4) of the Statute of the International Tribunal for the former Yugoslavia,

Having considered the nomination by the Secretary-General of Mr. Serge Brammertz for the position of Prosecutor of the International Tribunal for the former Yugoslavia (S/2007/678),

Recalling that resolution 1503 (2003) of 28 August 2003 called upon the International Tribunal for the former Yugoslavia to take all possible measures to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010 (ICTY completion strategy),

Recalling also its resolution 1534 (2004) of 26 March 2004 which emphasized the importance of fully implementing the International Tribunal’s completion strategy and urges the Tribunal to plan and act accordingly,

Decides to appoint Mr. Serge Brammertz as Prosecutor of the International Tribunal for the former Yugoslavia with effect from 1 January 2008 for a four-year term, which is subject to an earlier termination by the Security Council upon completion of the work of the International Tribunal.

Resolution 1800 (2008) Adopted by the Security Council at its 5841st meeting, on 20 February 2008

The Security Council,

Recalling its resolutions 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613 (2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006 and 1668 (2006) of 10 April 2006,

Taking note of the letters to the President of the Security Council from the Secretary-General dated 31 December 2007, 22 January 2008 and 8 February 2008,

Having considered the proposal made by the President of the International Tribunal for the former Yugoslavia (the International Tribunal) that the Secretary-General be authorized, within existing resources, to appoint additional ad litem Judges upon request of the President of the International Tribunal notwithstanding that their number will from time to time temporarily exceed the maximum of twelve provided under article 12 (1) of the Statute to a maximum of sixteen at any one time, returning to a maximum of twelve by 31 December 2008, to enable the International Tribunal to conduct additional trials once one or more of the permanent Judges of the International Tribunal become available,

Recalling that resolution 1503 (2003) of 28 August 2003 called upon the International Tribunal to take all possible measures to complete all trial activities at first instance by the end of 2008 and to complete all work in 2010 (the International Tribunal’s completion strategy), and that resolution 1534 (2004) of 26 March 2004 emphasized the importance of fully implementing the International Tribunal’s completion strategy,

Convinced of the advisability of allowing the Secretary-General to appoint additional ad litem Judges to the twelve ad litem Judges authorized by the Statute, as a temporary measure to enable the International Tribunal to conduct additional trials as soon as possible in order to meet completion strategy objectives,

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

1.  Decides, therefore, that the Secretary-General may appoint, within existing resources, additional ad litem Judges upon request of the President of the International Tribunal in order to conduct additional trials, notwithstanding the fact that the total number of ad litem Judges appointed to the Chambers will from time to time temporarily exceed the maximum of twelve provided for in article 12 (1) of the Statute of the International Tribunal, to a maximum of sixteen at any one time, returning to a maximum of twelve by 31 December 2008;

2.  Decides to remain seized of the matter