Security Council resolution 1329 (2000) [on increasing the membership of the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda]
[Increasing the membership of the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda]
Symbol: S/RES/1329(2000)
Date: 2000-11-30
Status: adopted
Agenda: S/55 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/55 [97] INTERNATIONAL TRIBUNAL--RWANDA
Subjects: International Criminal Tribunal for Rwanda > 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 > Members|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|WAR CRIMINALS|PROSECUTION|TRIALS|JUDGES|RWANDA SITUATION|FORMER YUGOSLAVIA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: BANGLADESH
vote: yes
country: CANADA
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JAMAICA
vote: yes
country: MALAYSIA
vote: yes
country: MALI
vote: yes
country: NAMIBIA
vote: yes
country: NETHERLANDS
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TUNISIA
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

                United Nations                                                                S/RES/1329 (2000)*
                Security Council                                               Distr.: General
                                                                               5 December 2000




                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,



            * Reissued for technical reasons.


00-77349* (E)     051200
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S/RES/1329 (2000)


                     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;


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     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.




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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:
                     (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 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



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1 January 1994 and 31 December 1994 (hereinafter referred to as “The
International Tribunal for Rwanda”) in accordance with article 12 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.


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 geographical 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


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               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, 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:
                     (a) Benefit from the same terms and conditions of service mutatis mutandis
               as the permanent judges of the International Tribunal;
                    (b) Enjoy, subject to paragraph 2 below, the same powers as the permanent
               judges of the International Tribunal;
                     (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:
                     (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;
                    (b)    Have power:
                    (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;
                    (ii)   To review an indictment pursuant to article 19 of the Statute;
                    (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;
                    (iv) To adjudicate in pre-trial proceedings.




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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 judges elected or appointed in accordance with article 12 of the
Statute of the International Tribunal for Rwanda 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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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:
                    (a)   Three judges shall serve in each of the Trial Chambers;
                   (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:
                    (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;
                     (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;
                     (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 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



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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.




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