Security Council resolution 2306 (2016) [on amending the Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY) by adding Article 13 quinquies, on appointment of ad hoc judge for the Appeals Chamber]
Symbol: S/RES/2306 (2016)
Date: 2016-09-06
Status: adopted
Agenda: S/71 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/71 [60] FORMER YUGOSLAVIA SITUATION
S/ X 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.
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|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|FORMER YUGOSLAVIA SITUATION|INTERNATIONAL CRIMINAL COURTS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                               S/RES/2306 (2016)
               Security Council                                              Distr.: General
                                                                             6 September 2016




               Resolution 2306 (2016)
               Adopted by the Security Council at its 7767th meeting, on
               6 September 2016

                    The Security Council,
                    Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of
               8 November 1994, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March
               2004, 1966 (2010) of 22 December 2010, and 2256 (2015) of 22 December 2015,
                    Taking note of the letter to the President of the Security Council from the
               Secretary-General dated 5 August 2016 (S/2016/693), transmitting a letter from the
               President of the International Tribunal for the former Yugoslavia (ICTY) dated
               29 July 2016,
                     Recalling article 7 of the Transitional Arrangements set out in Annex 2 to
               Security Council resolution 1966 (2010), pursuant to which a judge of the
               International Residual Mechanism for Criminal Tribunals (Mechanism) may also
               hold the office of judge of the ICTY,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Decides to amend the Statute of the ICTY by adding Article 13 quinquies
               as set out in the annex to this resolution;
                    2.   Decides to remain seized of the matter.




16-15490 (E)
*1615490*

S/RES/2306 (2016)


Annex
               Article 13 quinquies
               Appointment of ad hoc judge

                     If there is no permanent judge currently serving at the International Tribunal
               available for assignment to the Appeals Chamber, and all practical alternatives
               having been explored, the Secretary-General may, at the request of the President of
               the International Tribunal and after consultation with the President of the Security
               Council, appoint a former judge of the International Tribunal or of the International
               Criminal Tribunal for Rwanda who is also a judge of the International Residual
               Mechanism for Criminal Tribunals, as a judge of the International Tribunal, to be
               assigned on an ad hoc and temporary basis to the Appeals Chamber, notwithstanding
               article 12, paragraph 3 and article 14 paragraph 3 of the Statute. The terms and
               conditions of service of a judge appointed pursuant to this paragraph for each day
               on which he or she exercises functions for the Appeals Chamber shall be those of a
               judge ad hoc of the International Court of Justice.




2/2                                                                                                    16-15490