Security Council resolution 1597 (2005) [on the amendment of article 13 ter of the Statute of the International Tribunal for the Former Yugoslavia]
Symbol: S/RES/1597(2005)
Date: 2005-04-20
Status: adopted
Agenda: S/60 [60] FORMER YUGOSLAVIA SITUATION
S/60 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
Subjects: 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 > Members|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 > TERMS OF REFERENCE.|Statute 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 (1993)|Charter of the United Nations (1945). Chapter VII|JUDGES|APPOINTMENT OF OFFICIALS|INTERNATIONAL CRIMINAL COURTS|TEMPORARY EMPLOYMENT|FORMER YUGOSLAVIA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALGERIA
vote: yes
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1597 (2005)
               Security Council                                                 Distr.: General
                                                                                20 April 2005




               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 re-election and wishing to amend the Statute for that
               purpose,
                     Noting that, should the cumulative period of service of an ad litem judge of the
               International Tribunal for the Former Yugoslavia amount to three years or more, this
               will not result in any change in their entitlements or benefits and, in particular, will
               not give rise to any additional entitlements or benefits other than those that already
               exist and which will, in such an eventuality, be extended pro-rata by virtue of the
               extension of service,
                    Acting under Chapter VII of the Charter of the United Nations,

05-31509 (E)
*0531509*

S/RES/1597 (2005)


                     1.    Decides to amend article 13 ter of the Statute of the International
               Tribunal for the Former Yugoslavia and to replace that article with the provision set
               out in the annex to this resolution;
                     2.    Decides further to the Secretary-General’s letter of 11 April 2005
               (S/2005/236) to extend the deadline for nominations of ad litem judges under the
               amended provision of the Statute for a further 30 days from the date of the adoption
               of this resolution;
                    3.    Decides to remain actively seized of the matter.

               Annex
               Article 13 ter
               Election and appointment of ad litem judges
               1.  The ad litem judges of the International Tribunal shall be elected by the
               General Assembly from a list submitted by the Security Council in the following
               manner:
                     (a) The Secretary-General shall invite nominations for ad litem judges of the
               International Tribunal from States Members of the United Nations and non-member
               States maintaining permanent observer missions at United Nations Headquarters;
                     (b) Within sixty days of the date of the invitation of the Secretary-General,
               each State may nominate up to four candidates meeting the qualifications set out in
               article 13 of the Statute, taking into account the importance of a fair representation
               of female and male candidates;
                     (c) The Secretary-General shall forward the nominations received to the
               Security Council. From the nominations received the Security Council shall
               establish a list of not less than fifty-four candidates, taking due account of the
               adequate representation of the principal legal systems of the world and bearing in
               mind the importance of equitable distribution;
                     (d) The President of the Security Council shall transmit the list of candidates
               to the President of the General Assembly. From that list the General Assembly shall
               elect the twenty-seven ad litem judges of the International Tribunal. The candidates
               who receive an absolute majority of the votes of the States Members of the United
               Nations and of the non-member States maintaining permanent observer missions at
               United Nations Headquarters shall be declared elected;
                   (e) The ad litem judges shall be declared elected for a term of four years.
               They shall be eligible for re-election.
               2.    During any term, ad litem judges will be appointed by the Secretary-General,
               upon request of the President of the International Tribunal, to serve in the Trial
               Chambers for one or more trials, for a cumulative period of up to, but not including
               three years. When requesting the appointment of any particular ad litem judge, the
               President of the International Tribunal shall bear in mind the criteria set out in
               article 13 of the Statute regarding the composition of the Chambers and sections of
               the Trial Chambers, the considerations set out in paragraph 1 (b) and (c) above and
               the number of votes the ad litem judge received in the General Assembly.




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