Security Council resolution 1481 (2003) [on amending article 13 quater of the Statute of the International Tribunal for the Former Yugoslavia]
Symbol: S/RES/1481(2003)
Date: 2003-05-19
Status: adopted
Agenda: S/58 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/58 [60] FORMER YUGOSLAVIA SITUATION
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 > TERMS OF REFERENCE.|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 > RULES OF PROCEDURE.|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|JUDGES|TEMPORARY EMPLOYMENT|INTERNATIONAL CRIMINAL COURTS|FORMER YUGOSLAVIA SITUATION|APPOINTMENT OF MEMBERS|APPOINTMENT OF OFFICIALS
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/1481 (2003)
               Security Council                                                Distr.: General
                                                                               19 May 2003




               Resolution 1481 (2003)
               Adopted by the Security Council at its 4759th meeting, on
               19 May 2003

                    The Security Council,
                    Reaffirming its resolutions 827 (1993) of 25 May 1993, 1166 (1998) of 13 May
               1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and 1431
               (2002) of 14 August 2002,
                    Having considered the letter from the Secretary-General to the President of the
               Security Council dated 18 March 2002 (S/2002/304) and the annexed letter from the
               President of the International Tribunal for the Former Yugoslavia addressed to the
               Secretary-General dated 12 March 2002,
                     Having considered also the letter from the Secretary-General to the President
               of the Security Council dated 7 May 2003 (S/2003/530) and the annexed letter from
               the President of the International Tribunal for the Former Yugoslavia addressed to
               the President of the Security Council dated 1 May 2003,
                     Convinced of the advisability of enhancing the powers of ad litem judges in the
               International Tribunal for the Former Yugoslavia 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,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Decides to amend article 13 quater of the Statute of the International
               Tribunal for the Former Yugoslavia and to replace that article with the provisions set
               out in the annex to this resolution;
                    2.    Decides to remain seized of the matter.

               Annex

               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:




03-36386 (E)
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S/RES/1481 (2003)


                     (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;
                    (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, 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.




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