Security Council resolution 1431 (2002) [on establishment of a pool of ad litem judges of the International Criminal Tribunal for Rwanda and amendment of articles of the Statutes of the International Criminal Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia]
Symbol: S/RES/1431(2002)
Date: 2002-08-14
Status: adopted
Agenda: S/57 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/57 [97] INTERNATIONAL TRIBUNAL--RWANDA
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|International Criminal Tribunal for Rwanda|Statute of the International Tribunal for Rwanda (1994)|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|INTERNATIONAL CRIMINAL COURTS|JUDGES|ELECTION OF OFFICERS|APPOINTMENT OF OFFICIALS|GEOGRAPHICAL DISTRIBUTION|FORMER YUGOSLAVIA SITUATION|RWANDA SITUATION|LAWS AND REGULATIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BULGARIA
vote: yes
country: CAMEROON
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GUINEA
vote: yes
country: IRELAND
vote: yes
country: MAURITIUS
vote: yes
country: MEXICO
vote: yes
country: NORWAY
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SINGAPORE
vote: yes
country: SYRIAN ARAB REPUBLIC
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                      S/RES/1431 (2002)
               Security Council                                                  Distr.: General

                                                                                 14 August 2002




               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, 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.


02-52281 (E)
*0252281*

S/RES/1431 (2002)


               International Tribunal for Rwanda

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:
                     (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;
                     (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


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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;
      (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;
      (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:
      (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;
      (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;
      (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;



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S/RES/1431 (2002)


                     (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;
                    (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:
                     (a) Benefit from the same terms and conditions of service mutatis mutandis
               as the permanent judges of the International Tribunal for Rwanda;
                    (b) Enjoy, subject to paragraph 2 below, the same powers as the permanent
               judges of the International Tribunal for Rwanda;
                     (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:
                     (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;
                    (b)    Have power:
                    (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;
                    (ii)   To review an indictment pursuant to Article 18 of the present Statute;
                    (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;
                    (iv) To adjudicate in pre-trial proceedings.




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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.




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S/RES/1431 (2002)


               International Tribunal for the Former Yugoslavia

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:
                     (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;
                     (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;
                     (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;
                     (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.




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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.




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