Security Council resolution 1512 (2003) [on the amendment of articles 11 and 12 quarter of the Statute of the International Criminal Tribunal for Rwanda]
Symbol: S/RES/1512(2003)
Date: 2003-10-27
Status: adopted
Agenda: S/58 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/58 [95] RWANDA SITUATION
Subjects: International Criminal Tribunal for Rwanda > Members|International Criminal Tribunal for Rwanda > Terms of reference|Statute of the International Tribunal for Rwanda (1994)|Charter of the United Nations (1945). Chapter VII|TRIALS|RWANDA|INTERNATIONAL CRIMINAL COURTS|JUDGES|CRIMINAL PROCEDURE|APPOINTMENT OF MEMBERS|TEMPORARY EMPLOYMENT|RWANDA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: BULGARIA
vote: yes
country: CAMEROON
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUINEA
vote: yes
country: MEXICO
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: SYRIAN ARAB REPUBLIC
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

         United Nations                                                                   S/RES/1512 (2003)
         Security Council                                                 Distr.: General
                                                                          27 October 2003




         Resolution 1512 (2003)
         Adopted by the Security Council at its 4849th meeting, on
         27 October 2003

               The Security Council,
              Reaffirming 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 and 1503 (2003) of 28 August 2003,
              Having considered the letter from the Secretary-General to the President of the
         Security Council dated 12 September 2003 (S/2003/879) and the annexed letter from
         the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 8 September 2003,
               Having considered also the letter from the Secretary-General to the President
         of the Security Council dated 3 October 2003 (S/2003/946) and the annexed letter
         from the President of the International Tribunal for Rwanda addressed to the
         Secretary-General dated 29 September 2003,
               Convinced of the advisability of enhancing the powers of ad litem judges in the
         International Tribunal for Rwanda so that, during the period of their appointment to
         a trial, they might also adjudicate in pre-trial proceedings in other cases, should the
         need arise and should they be in a position to do so,
               Convinced also of the advisability of increasing the number of ad litem judges
         that may be appointed at any one time to serve in the Trial Chambers of the
         International Tribunal for Rwanda so that the Tribunal might be better placed to
         complete all trial activities at first instance by the end of 2008, as envisaged in its
         Completion Strategy,
               Acting under Chapter VII of the Charter of the United Nations,
               1.    Decides to amend articles 11 and 12 quater of the Statute of the
         International Tribunal for Rwanda and to replace those articles with the provisions
         set out in the annex to this resolution;
               2.   Decides to remain actively seized of the matter.




03-58125 (E)
*0358125*

S/RES/1512 (2003)


Annex
               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
               nine 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 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 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 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;
                    (d) Enjoy the power to adjudicate in pre-trial proceedings in cases other than
               those that they have been appointed to try.
               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;




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                                                                                 S/RES/1512 (2003)


(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.




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