Security Council resolution 1411 (2002) [on amendment of Art. 12 of the Statute of the International Tribunal for the Former Yugoslavia and Art. 11 of the Statute of the International Tribunal for Rwanda]
Symbol: S/RES/1411(2002)
Date: 2002-05-17
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 > 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 > Personnel questions|International Criminal Tribunal for Rwanda > Members|International Criminal Tribunal for Rwanda > Personnel questions|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)|Statute of the International Tribunal for Rwanda (1994)|Charter of the United Nations (1945). Chapter VII|JUDGES|APPOINTMENT OF MEMBERS|TRIALS|NATIONALITY|FORMER YUGOSLAVIA SITUATION|RWANDA SITUATION|ELECTION OF MEMBERS|CIVIL AND POLITICAL RIGHTS
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/1411 (2002)
               Security Council                                                Distr.: General
                                                                               17 May 2002




               Resolution 1411 (2002)
               Adopted by the Security Council at its 4535th meeting, on
               17 May 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 and
               1329 (2000) of 30 November 2000,
                     Recognizing that persons who are nominated for, or who are elected or
               appointed as, judges of the International Tribunal for the Former Yugoslavia or of
               the International Tribunal for Rwanda may bear the nationalities of two or more
               States,
                    Being aware that at least one such person has already been elected a judge of
               one of the International Tribunals,
                     Considering that, for the purposes of membership of the Chambers of the
               International Tribunals, such persons should be regarded as bearing solely the
               nationality of the State in which they ordinarily exercise civil and political rights,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Decides to amend article 12 of the Statute of the International Tribunal
               for the Former Yugoslavia and to replace that article with the provisions set out in
               annex I to this resolution;
                    2.    Decides also to amend article 11 of the Statute of the International
               Tribunal for Rwanda and to replace that article with the provisions set out in
               annex II to this resolution;
                    3.    Decides to remain actively seized of the matter.




02-38708 (E)
*0238708*

S/RES/1411 (2002)


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.
               4.    A person who for the purposes of membership of the Chambers of the
               International Tribunal 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.




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                                                                                     S/RES/1411 (2002)


Annex II
           Article 11
           Composition of the Chambers

           1.  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.
           2.   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.




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