RES/1165 (1998)
30 April 1998
30 April 1998
|
RES/1165 (1998)
30 April 1998 |
Adopted by the Security Council at its 3877th meeting on 30 April 1998
The Security Council,
Reaffirming its resolution 955 (1994) of 8 November 1994,
Recalling its decision in that resolution to consider increasing the
number of judges and Trial Chambers of the International Tribunal for Rwanda
if it becomes necessary,
Remaining convinced that in the particular circumstances of Rwanda, the
prosecution of persons responsible for serious violations of international humanitarian
law will contribute to the process of national reconciliation and to the restoration
and maintenance of peace in Rwanda and in the region,
Stressing the need for international cooperation to strengthen the courts
and judicial system of Rwanda, having regard in particular to the necessity
for those courts to deal with a large number of accused awaiting trial,
Having considered the letter of the President of the International Tribunal
for Rwanda, transmitted by identical letters from the Secretary-General to the
Presidents of the Security Council and the General Assembly dated 15 October
1997 (S/1997/812),
Convinced of the need to increase the number of judges
and Trial Chambers, in order to enable the International Tribunal for Rwanda
to try without delay the large number of accused awaiting trial,
Noting the progress being made in improving the efficient functioning of the International Tribunal for Rwanda, 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 for Rwanda, and to this end decides to amend articles 10, 11
and 12 of the Statute of the Tribunal and to replace those articles with the
provisions set out in the annex to this resolution;
2. Decides that the elections for the judges of the three
Trial Chambers shall be held together, for a term of office to expire on 24
May 2003;
3. Decides that, as an exceptional measure to enable the
third Trial Chamber to begin to function at the earliest possible date and without
prejudice to Article 12, paragraph 5, of the Statute of the International Tribunal
for Rwanda, three newly elected judges, designated by the Secretary-General
in consultation with the President of the International Tribunal, shall commence
their term of office as soon as possible following the elections;
4. Urges all States to cooperate fully with the International
Tribunal for Rwanda and its organs in accordance with resolution 955 (1994),
and welcomes the cooperation already extended to the International Tribunal
in the fulfilment of its mandate;
5. Urges also the organs of the International Tribunal
for Rwanda actively to continue their efforts to increase further the efficiency
of the work of the International Tribunal in their respective areas and in this
connection further calls upon them to consider how their procedures and
methods of work could be enhanced, taking into account relevant recommendations
in this regard;
6. 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 for Rwanda, 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;
7. Decides to remain actively seized of the matter.
ANNEX
STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA
... Article 10
Organization of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall consist of the following organs:
(a) The Chambers, comprising three Trial Chambers and an Appeals Chamber;
(b) The Prosecutor;
(c) A Registry.
Article 11
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:
(a) Three judges shall serve in each of the Trial Chambers;
(b) Five judges shall serve in the Appeals Chamber.
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. The members of the Appeals Chamber 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")
shall also serve as the members of the Appeals Chamber of the International
Tribunal for Rwanda.
3. The judges of the Trial Chambers 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:
(a) The Secretary-General shall invite nominations for judges of the Trial Chambers
from States Members of the United Nations and non-member States maintaining
permanent observer missions at United Nations Headquarters;
(b) Within thirty 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 on the Appeals
Chamber;
(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 eighteen and not more than twenty-seven candidates,
taking due account of adequate representation on the International Tribunal
for Rwanda of the principal legal systems of the world;
(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 nine judges of the Trial Chambers. 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.
4. In the event of a vacancy in the Trial Chambers, after consultation with
the Presidents of the Security Council and 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.
5. The judges of the Trial Chambers 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.
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