Security Council resolution 1165 (1998) [on the establishment of a 3rd Trial Chamber of the International Tribunal for Rwanda]
[Increase in the number of Trial Chambers of the International Tribunal for Rwanda]
Symbol: S/RES/1165(1998)
Date: 1998-04-30
Status: adopted
Agenda: S/53 [97] INTERNATIONAL TRIBUNAL--RWANDA
Subjects: International Criminal Tribunal for Rwanda > Terms of reference|Statute of the International Tribunal for Rwanda (1994)|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|RWANDA SITUATION|TERMS OF REFERENCE|JUDGES|ELECTION OF MEMBERS|STAFFING
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BAHRAIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GAMBIA
vote: yes
country: JAPAN
vote: yes
country: KENYA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SLOVENIA
vote: yes
country: SWEDEN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

UNITED
NATIONS                                                                        S
                 Security Council
                                                                 Distr.
                                                                 GENERAL

                                                                 S/RES/1165 (1998)
                                                                 30 April 1998




                               RESOLUTION 1165 (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

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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.

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                                                                S/RES/1165 (1998)
                                                                Page 3




                                    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

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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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