Security Council resolution 1855 (2008) [on appointment of additional ad litem judges to the International Criminal Tribunal for Rwanda (ICTR)]
Symbol: S/RES/1855(2008)
Date: 2008-12-19
Status: adopted
Agenda: S/63 [95] RWANDA SITUATION
S/63 [97] INTERNATIONAL TRIBUNAL--RWANDA
Subjects: International Criminal Tribunal for Rwanda|Statute of the International Tribunal for Rwanda (1994)|Charter of the United Nations (1945). Chapter VII|JUDGES|APPOINTMENT OF OFFICIALS|INTERNATIONAL CRIMINAL COURTS|RWANDA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BELGIUM
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: INDONESIA
vote: yes
country: ITALY
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: PANAMA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                    S/RES/1855 (2008)
               Security Council                                                 Distr.: General
                                                                                19 December 2008




               Resolution 1855 (2008)
               Adopted by the Security Council at its 6052nd meeting, on
               19 December 2008

                    The Security Council,
                    Recalling its resolutions 955 (1994) of 8 November 1994, 1165 (1998) of
               30 April 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002,
               1431 (2002) of 14 August 2002,
                     Recalling in particular that resolution 1503 (2003) of 28 August 2003 called
               upon the International Criminal Tribunal for Rwanda (the International Tribunal) to
               take all possible measures to complete all trial activities at first instance by the end
               of 2008 and to complete all work in 2010, and that resolution 1534 (2004) of
               26 March 2004 emphasized the importance of fully implementing the International
               Tribunal’s completion strategy,
                    Taking note of the letter to the President of the Council from the Secretary-General dated 18 December 2008, attaching the letter to him from the President of
               the International Tribunal dated 10 December 2008 (S/2008/798), and having
               considered the proposals made by the President of the International Tribunal,
                     Noting that two permanent judges currently serving at the Tribunal will resign
               by the end of 2008, and that three other permanent judges have indicated their
               intention to resign upon the completion of their respective cases, and that their
               replacement would not be necessary if the International Tribunal is authorized to
               assign more ad litem judges to cases,
                     Convinced of the advisability of allowing the Secretary-General to appoint
               additional ad litem Judges to the nine ad litem Judges authorized by the Statute, as a
               temporary measure to enable the International Tribunal to complete trials and
               conduct additional trials as soon as possible in order to meet its completion strategy,
                    Acting under Chapter VII of the Charter of the United Nations,
                      1.   Decides that the Secretary-General may appoint, within existing
               resources, additional ad litem Judges upon request of the President of the
               International Tribunal in order to complete existing trials or conduct additional
               trials, notwithstanding that the total number of ad litem Judges appointed to the
               Chambers will from time to time temporarily exceed the maximum of nine provided
               for in article 11, paragraph 1, of the Statute of the International Tribunal, to a


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S/RES/1855 (2008)


               maximum of twelve at any one time, returning to a maximum of nine by
               31 December 2009;
                     2.   Decides to amend article 11, paragraph 2, of the Statute of the
               International Tribunal as set out in the annex to this resolution;
                    3.    Decides to remain seized of the matter.

               Annex
               Article 11: Composition of the Chambers
               2.    Each Trial Chamber may be divided into sections of three judges each. A
               section of a Trial Chamber shall have the same powers and responsibilities as a Trial
               Chamber under the present Statute and shall render judgment in accordance with the
               same rules.




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