Security Council Resolution 1597 (2005) [on the Amendment of Article 13 Ter of the Statute of the International Tribunal for the Former Yugoslavia]

S/RES/1597(2005)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 60 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, published in 2005.

What subjects does this mandate have?

5 subjects

Appointment of Officials Former Yugoslavia Situation International Criminal Courts Judges Temporary Employment

What’s in this document?

3 operative paragraphs

Decides to amend article 13 ter of the Statute of the International Tribunal for the Former Yugoslavia and to replace that article with the provision set out in the annex to this resolution;

Decides further to the Secretary-General’s letter of 11 April 2005 (S/2005/236) to extend the deadline for nominations of ad litem judges under the amended provision of the Statute for a further 30 days from the date of the adoption of this resolution;

Decides to remain actively seized of the matter.

Annex I

ter Election and appointment of ad litem judges

The ad litem judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council in the following manner:

The Secretary-General shall invite nominations for ad litem judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;

Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to four candidates meeting the qualifications set out in article 13 of the Statute, taking into account the importance of a fair representation of female and male candidates;

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 fifty-four candidates, taking due account of the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable distribution;

The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect the twenty-seven ad litem judges of the International Tribunal. 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;

The ad litem judges shall be declared elected for a term of four years. They shall be eligible for re-election.

During any term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal, to serve in the Trial Chambers for one or more trials, for a cumulative period of up to, but not including three years. When requesting the appointment of any particular ad litem judge, the President of the International Tribunal shall bear in mind the criteria set out in article 13 of the Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraph 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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